Legal Responsibility Of The Building Owner - AŞIKOĞLU LAW OFFİCE
Aşıkoğlu started his position as the Alanya Public Prosecutor in 2009 and continued until 2013 when he quit his position to initiate his career as an attorney at law.
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Legal Responsibility Of The Building Owner

28 Nov Legal Responsibility Of The Building Owner

Posted at 23:40h in General by
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As a rule, the Turkish legal system has adopted responsibility for defects based on the “principle of defect”, but as an exception, it has adopted the principle of perfect responsibility based on the principle of illusion. In different laws, especially the Code of Obligations, perfect liability states are included, and these liability states are called “objective liability” or “cause liability” in the doctrine.

Turkish Code Of Obligations 69. “legal responsibility of the building owner” is one of the perfect liability States. In the case of this responsibility, which is provided for the possession of a building or other structure that is not based on a defect; usufruct and living right holders also bear mutual responsibility for a limited space.

There are mainly five conditions of liability. In a nutshell, these conditions are the existence of a building or building work, the existence of the owner or usufruct and owner of the right of residence, a disorder in construction or a lack of maintenance, damage and illusions. After the realization of the necessary conditions for this liability, the damaged person will be able to compensate for this loss in accordance with the general principles with a claim for damages. As a rule, a person who has suffered damage to a building or building work can file a claim for material and moral compensation.

In order to mention a liability under Article 69 of the Turkish Code of obligations, it is necessary to find a link between a disorder or lack of care and damage in the construction. Since the law does not accept a presumption of the existence of this bond of illusions, this bond must be proved by the person who is damaged.

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