125 Union of Turkish Bar Associations Review 2023 Muhammed Enes YILDIZ B. Joint Liability The concept of joint liability is regulated under Article 61 et seq. of the Turkish Code of Obligations. Accordingly, the provisions on joint liability shall apply if more than one person jointly causes a damage or is liable for the same damage for various reasons (Art. 61). As stated in the Law, for joint liability to arise, two different persons must “jointly cause a damage” or “be liable for the same damage for various legal reasons”. For example, if two different persons act together and injure a third person, they jointly cause a damage. Again, in the event that an insured person causes damage to a third party, the third party may apply to the person who personally caused the damage due to the tortious act, and to the insurer due to the fact that the insurer has undertaken the damage with the contract. Here, liability for the same damage is in question for different legal reasons.30 Joint liability is a liability in favour of the injured party. In this liability, the injured party may apply to any of the harmed parties for the full compensation of the damage. If he/she wishes, it is also possible for him/her to ask for the compensation of the damage with a single request from all of them. Thus, the injured party will be able to demand the compensation of the damages against the one with the best economic situation or the one with the highest power of proof.31 Joint liability arising from occupational accidents is no different from other cases of joint liability. At this point, it may be the case that another employee, the employer’s representative or another employer is also responsible for the occupational accident suffered by the employee.32 In such cases, the worker may apply to all of the jointly liable parties for the full amount of the damage, regardless of their titles. In this respect, it is sufficient that the conditions of joint liability stipulated in the Law are met.33 30 Eren, Genel, p. 915; Oğuzman/Öz, p. 294. 31 Ayrıntılı bilgi için bkz. Eren, Genel, p. 925 et seq; Yarg. 21. HD, 12.11.2018, E. 2016/19679, K. 2018/8140, (www.lexpera.com, AD. 26.11.2021) 32 Yarg. 9. HD, 18.01.2021, E. 2019/4999, K. 2021/1253, (www.lexpera.com, AD. 27.01.2022). 33 Yarg. 10. HD, 19.4.2016, E. 2014/24954, K. 2016/6004, (www.lexpera.com, AD. 26.11.2021).
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