28 Nov Legal Responsibility Of The Animal Owner
In order to be able to talk about the responsibility of the animal owner, it is not a mandatory condition for that animal to be financially maliki. The law defines an animal as “a person who constantly or temporarily undertakes the care and management of an animal”. As can be seen from here, a person who constantly or temporarily takes care of an animal is held responsible for the damage it causes during the time period when it takes care of this animal. In order for us to talk about taking care of this animal, it is necessary to take care of it.
The responsibility of the animal owner is regulated in articles 67 and 68 of the Turkish Code of obligations under the sub-heading perfect responsibility.
According to the law, a person who undertakes the care and management of an animal on a permanent or temporary basis is obliged to remedy the damage caused by the animal. It is clear that the person is responsible for the damage caused, even if it is not defective in the birth of this damage. Even if the person does not have a fault in the birth of this damage, he is responsible for the damage caused. This responsibility is the responsibility of reason, not the responsibility of defect.
If the owner of the animal proves that he has taken the necessary care to prevent the damage from occurring, he will be relieved of responsibility. So animal owners can bring proof of salvation.But the important thing here is to prove that you have taken the necessary care.
According to the provision of the mentioned article, the person who takes care of the animal, care and supervision and constantly benefits from it is obliged to pay the damages caused by this animal as the owner of the animal. TBK.nun 67. in accordance with the article, the owner of the animal can be relieved of responsibility; it depends on proving that he has taken care of the animal with the necessary care in accordance with the state and conditions, or that damage cannot be prevented, even if this care has been taken.
In order for the owner of the animal to be responsible, the animal must cause harm as a result of an act that it does with its own independent movement, instinct. If the resulting damage was caused by the improper movement of the animal under the control of the owner, this substance no longer finds an area of application. In this case, since the person’s responsibility for the defect comes into play, the person will be responsible for the defect rate.
In addition, in order for this article to be applied, it is clearly necessary to have “an animal with dominance over it”. The animal must be dominated by the person. It is not necessary for the animal to be maliki, and if the animal is under the supervision of that person during the damage caused, it is responsible. For this reason, the damage caused by a bear, snake, bird or tick in the forest is not covered under this article. But if these animals are deliberately brought to the city center or home by a person, the person will also be responsible for the damage caused by the person’s defect.
3.a person who constantly or temporarily takes care of an animal. it is obvious that he must take the necessary care and attention to avoid harming people, otherwise both his civil and criminal responsibility arises. But if the person proves that he has shown the necessary care and attention, he will be able to get rid of the responsibility.
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