Liability for Carrying Forsake or Giving the Vehicle Forsake

Hatır İçin Taşıma veya Aracın Hatır İçin Verilmesinden Doğan Sorumluluk 2

This is an informative article about liability for carrying forsake or giving the vehicle forsake.  If the injured or deceased person is being transported forsake, or if the motor vehicle has been given gratuitously to the injured or deceased person, the responsibility of the operator or vehicle operator to which the operator is affiliated is subject to general provisions. (KTK-m.87/1)

            Herein, the responsibility of the owner of the undertaking to which the operator or the vehicle operator is affiliated lies with article 49 of the Turkish Code of Obligations and the following articles. In this case, the operator or the vehicle operator can only be held responsible if the defect arises.

Supreme Court 4. HD. In 05.05.2003, decision 910/5869;

The support of the plaintiffs and that the plaintiffs returned from the wedding ceremony with the defendant had a reminder that the incident occurred in the case. For this reason, and in accordance with the 43/1 of the UK, an appropriate amount of compensation should be made from the compensations in the sense of “feature of the situation”. The fact that this aspect is not observed by the court is the reason for the breakdown.

            Supreme Court 11. HD. In 25.06.2001, resolution 3468/5708;

“The defendant’s party was asked to be remembered if the inheritance was a student and that the defendants were hitchhiking and that the defendants were remembered, therefore, in this defense, all the lack of support determined in the expert report was accepted without being evaluated by the court. In consideration of this feature in the occurrence of damage to the inheritance, which is used as a remembrance of the defendants used in the transportation of drugs in the concrete case, by the provisions of the 44th article of the UK, it is necessary to decide without considering the defense in written form without compromising this defense. ”

(see also  4.HD. 21.04.2003, 14854/5031)

 

Attorney Mikail YEŞİL

Yeşil Law Office