Unofficial English translation for information only. In case of discrepancy, the Turkish text prevails. This translation is not legal advice.
Turkish source: Law No. 6098, Official Gazette 04/02/2011, No. 27836. Turkish text as published on mevzuat.gov.tr, checked on 26 October 2026: https://www.mevzuat.gov.tr/mevzuat?MevzuatNo=6098&MevzuatTur=1&MevzuatTertip=5
PART ONE – General Provisions
CHAPTER ONE – Sources of Obligations
DIVISION TWO – Obligations Arising from Torts
Article 49 – I. In general
A person who causes damage to another by a culpable and unlawful act is obliged to compensate that damage.
Even in the absence of a rule of law prohibiting the harmful act, a person who intentionally causes damage to another by an act contrary to morality is also obliged to compensate that damage.
Article 50 – II. Proof of damage and fault
The injured party bears the burden of proving the damage and the fault of the person who caused it.
If the amount of damage suffered cannot be proved precisely, the judge shall determine the amount of damage in accordance with equity, taking into account the ordinary course of events and the measures taken by the injured party.
Article 51 – 1. Determination
The judge shall determine the scope and manner of payment of compensation, taking into account the requirements of the circumstances and, in particular, the degree of fault.
If compensation is ordered to be paid in the form of an annuity, the debtor is obliged to provide security.
Article 52 – 2. Reduction
If the injured party consented to the act causing the damage, contributed to the occurrence or aggravation of the damage, or aggravated the position of the person liable for compensation, the judge may reduce or eliminate the compensation entirely.
If the person liable for compensation caused the damage through slight fault, would fall into poverty upon paying the compensation, and equity so requires, the judge may reduce the compensation.
Article 53 – a. Death
In the event of death, the damage suffered includes, in particular:
1. Funeral expenses.
2. If death did not occur immediately, treatment expenses and losses arising from the reduction or loss of capacity to work.
3. Losses suffered for this reason by persons deprived of the deceased’s support.
Article 54 – b. Bodily injury
Losses resulting from bodily injury include, in particular:
1. Treatment expenses.
2. Loss of earnings.
3. Losses arising from the reduction or loss of capacity to work.
4. Losses arising from impairment of future economic prospects.
Article 55 – c. Determination
Losses resulting from deprivation of support and bodily injury shall be calculated in accordance with the provisions of this Code and the principles of liability law. Social security payments that are not recoverable by way of recourse, in part or in whole, and payments not intended as performance, shall not be taken into account when determining such losses and shall not be deducted from the damage or compensation. The calculated compensation may not be increased or reduced on grounds of equity based on the amount.
The provisions of this Code also apply to claims and actions relating to damage arising from the partial or total loss of bodily integrity or the death of a person caused by any administrative acts or actions or other grounds for which the administration is liable.
(Added paragraph:16/7/2026-7589/18 art.) For losses arising from the reduction or loss of capacity for work and losses suffered for this reason by persons deprived of the deceased’s support, statutory interest shall accrue, from the date on which the tort or event causing the damage occurred, on the total amount of compensation calculated for the period in which the earnings of the injured party or the person providing support are known; and, from the date of the decision, on the total amount of compensation calculated for the period in which those earnings cannot be known.
(Added paragraph:16/7/2026-7589/18 art.) For compensation relating to losses arising from the reduction or loss of capacity for work and losses suffered for this reason by persons deprived of the deceased’s support, any amount paid for performance purposes before the evidentiary examination phase of the proceedings begins shall be deducted proportionally from the amount of compensation determined as of the payment date.
Article 56 – d. Non-pecuniary damages
Where a person’s bodily integrity is impaired, the judge may, taking the circumstances of the event into account, order payment of an appropriate sum of money to the injured party as non-pecuniary damages.
In the event of serious bodily injury or death, payment of an appropriate sum of money as non-pecuniary damages may also be ordered in favour of persons close to the injured party or the deceased.
Article 57 – 2. Unfair competition
A person whose customers decrease or who faces the risk of losing them because false information is disseminated, announcements of that kind are made, or other conduct contrary to the rules of good faith occurs may request that such conduct cease and, if there is fault, that the damage be compensated.
The provisions of the Turkish Commercial Code concerning unfair competition in commercial matters are reserved.
Article 58 – 3. Impairment of personality rights
A person whose personality rights have been impaired may request payment of a sum of money as non-pecuniary damages for the non-pecuniary damage suffered.
Instead of ordering payment of these damages, or in addition to them, the judge may order another form of redress; in particular, the judge may issue a decision censuring the attack and order that the decision be published.
Article 59 – 4. Temporary loss of discernment
A person who temporarily loses the power of discernment is obliged to compensate damage caused during that period. However, the person is released from liability if they prove that they were not at fault for losing the power of discernment.
Article 60 – 1. Concurrent grounds
If a person’s liability may be based on more than one ground, the judge shall, unless the injured party requests otherwise or the law provides otherwise, decide on the ground of liability that affords the injured party the best means of redress.
Article 61 – a. External relations
Where several persons have jointly caused damage or are liable for the same damage on different grounds, the provisions concerning joint and several liability apply to them.
Article 62 – b. Internal relations
When compensation for the same damage is apportioned among joint and several debtors, all circumstances and conditions shall be taken into account, in particular the degree of fault attributable to each of them and the intensity of the danger they created.
A person who pays more than their share of the compensation is entitled to recourse against the other jointly and severally liable persons for the excess payment and is subrogated to the rights of the injured party.
Article 63 – 1. In general
An act based on authority conferred by law and remaining within the limits of that authority is not considered unlawful, even if it causes damage.
An act is also not considered unlawful in cases of the injured party’s consent, a superior private or public interest, the conduct of the person causing the damage constituting self-defence, a person protecting their own right by their own force where timely intervention by the competent public authorities cannot be secured, or necessity.
Article 64 – 2. Liability
A person acting in self-defence is not liable for damage caused to the attacker’s person or property.
Where a person damages another person’s property to protect themselves or another from a clear or imminent danger of damage, the judge shall determine the obligation to compensate that damage in accordance with equity.
A person who protects their right by their own force is not liable for the damage caused if, in the circumstances, assistance from the law enforcement authorities could not have been obtained in time and there was no other means of preventing the loss of the right or a substantial impediment to its exercise.
Article 65 – I. Liability in equity
Where equity so requires, the judge shall order that damage caused by a person lacking the power of discernment be compensated in whole or in part.
Article 66 – 1. Liability of the person employing another
A person who employs another is obliged to compensate damage caused by the employee to third parties in the performance of the work assigned to them.
A person who employs another is not liable if they prove that they exercised the care necessary to prevent the damage when selecting the employee, giving instructions relating to the work, and supervising and monitoring the employee.
A person who employs another in an enterprise is obliged to compensate damage caused by the enterprise’s activities unless they prove that the enterprise’s operating arrangements were suitable to prevent the damage.
A person who employs another has a right of recourse against the employee who caused the damage for compensation paid only to the extent that the employee is personally liable.
Article 67 – a. Obligation to compensate
A person who has assumed, permanently or temporarily, the care and control of an animal is obliged to compensate damage caused by the animal.
The person keeping the animal is not liable if they prove that they exercised the care necessary to prevent the damage.
If the animal was frightened by another person or by an animal belonging to another person, the person keeping the animal retains a right of recourse against those persons.
Article 68 – b. Right to retain
If a person’s animal causes damage on another person’s immovable property, the possessor of the immovable property may capture the animal and retain it until the damage is compensated; the possessor may even otherwise incapacitate the animal if justified by the circumstances.
In such a case, the possessor of the immovable property must immediately inform the animal’s owner and, if the owner is unknown, take the necessary steps to locate them.
Article 69 – a. Obligation to compensate
The owner of a building or other structure is obliged to compensate damage arising from defects in its construction or deficiencies in its maintenance.
Holders of usufruct and habitation rights are also jointly and severally liable with the owner for damage arising from deficiencies in the maintenance of the building.
The liable persons retain a right of recourse against other persons who are liable to them on these grounds.
Article 70 – b. Prevention of danger of damage
A person exposed to the danger of damage from a building or other structure belonging to another may request the rights holders to take the measures necessary to eliminate that danger.
Rules of public law concerning the protection of persons and property are reserved.
Article 71 – III. Liability for danger and equalisation
If damage arises from the operation of an enterprise that poses a significant danger, the owner of the enterprise and, if any, its operator are jointly and severally liable for that damage.
An enterprise is considered to pose a significant danger if, having regard to its nature or the materials, equipment or forces used in its operation, it is capable of causing frequent or serious damage even where all the care expected of an expert in that field is exercised. In particular, if a special liability for danger is prescribed in any law for enterprises posing similar dangers, that enterprise is also considered to pose a significant danger.
Special provisions on liability applicable to a particular danger are reserved.
Even if the legal order permits this kind of activity by an enterprise that poses a significant danger, injured parties may request that the damage caused by the enterprise’s activities be compensated by payment of an appropriate amount.
Article 72 – I. Rule
A claim for compensation is time-barred upon the expiry of two years from the date on which the injured party learns of the damage and the person liable for compensation, and in any event ten years from the date on which the act was committed. However, if the compensation arises from an act punishable by a penalty for which the criminal laws prescribe a longer limitation period, that limitation period applies.
If an obligation has arisen for the injured party as a result of a tort, the injured party may at any time refuse to perform that obligation even if the claim for compensation arising from the tort has become time-barred.
Article 73 – II. In claims for recourse
A claim for recourse is time-barred upon the expiry of two years from the date on which the full amount of compensation was paid and the jointly liable person became known, and in any event ten years from the date on which the full amount of compensation was paid.
The person from whom payment of compensation is sought must notify the persons with whom they are jointly liable of the situation. Otherwise, the limitation period begins to run on the date when such notification could have been made in accordance with the rules of good faith.
Article 74 – I. In its relationship with criminal law
In deciding whether the person causing the damage was at fault and whether they had the capacity to discern, the judge is not bound by the provisions of criminal law concerning liability, nor by an acquittal rendered by a criminal court judge.
Likewise, a criminal court judge’s decision concerning the assessment of fault and the determination of damage does not bind the civil court judge.
Article 75 – II. Amendment of the compensation ruling
If the extent of bodily injury cannot be fully determined at the time of the decision, the judge may reserve the authority to amend the compensation ruling within two years from the date the decision becomes final.
Article 76 – III. Interim payments
If the injured party submits convincing evidence showing that their claim is justified and their financial circumstances also require it, the judge may, upon request, order the defendant to make an interim payment to the injured party.
Interim payments made by the defendant shall be set off against the compensation awarded; if no compensation is awarded, the judge shall order the claimant to repay the interim payments received, together with statutory interest.
DIVISION THREE – Obligations Arising from Unjust Enrichment
Article 77 – I. In general
A person who is enriched from another person’s assets or labour without just cause is obliged to return that enrichment.
This obligation arises in particular where the enrichment is based on a cause that is invalid, has not materialised or has ceased to exist.
Article 78 – II. Performance of an obligation not owed
A person who voluntarily performs an obligation not owed may claim it back only if they prove that they performed it believing themselves to be a debtor.
Enrichment arising from performance of a time-barred obligation or from fulfilment of a moral duty may not be claimed back.
Other statutory provisions concerning the recovery of performance paid where no debt was owed are reserved.
Article 79 – I. Obligation of the enriched person
A person unjustly enriched is obliged to make restitution, except for the portion that they prove had left their possession by the time restitution was claimed.
If the enriched person disposed of the enrichment in bad faith, or had to take into account, when disposing of it, that they might later be obliged to make restitution, they are obliged to make restitution of the entire enrichment.
Article 80 – II. Right to claim expenses
If the enriched person acted in good faith, they may claim from the person seeking restitution reimbursement of the necessary and useful expenses they incurred.
If the enriched person did not act in good faith, they may claim reimbursement of necessary expenses and, for useful expenses, only the increase in value existing at the time of restitution.
Regardless of whether the enriched person acted in good faith, they may not claim reimbursement of other expenses. However, if no compensation is offered to them, they may, before making restitution, separate and take back additions incorporated into the thing that can be removed without damage.
Article 81 – C. Non-recoverability
A thing given for the purpose of achieving a result contrary to law or morality may not be claimed back. However, in an action brought, the judge may order that the thing be forfeited to the State.
Article 82 – D. Limitation period
The right to claim arising from unjust enrichment is barred by limitation upon the expiry of two years from the date on which the rights holder learns of the right to claim restitution and, in any event, ten years from the date on which the enrichment occurred.
If the enrichment occurred by the enriched person acquiring a receivable, the other party may at any time refuse to perform that obligation, even if the right to claim is time-barred.