TÜPGAZ Zorunlu Sorumluluk Sigortası Genel Şartlarında Öngörülen Kusursuz Sorumluluğa İlişkin Hükümlerin Yasal Dayanakları Açısından İncelenmesi

Abstract

Based on the principle in Turkish law that strict liability can only be established by code, it is of great importance to examine the legal foundations of the strict liability covered by the General Conditions of Compulsory Liability Insurance for LPG, which entered into force in 1991, and to analyze the compatibility of the provisions of this General Conditions with current legislation. In this context, this study first examines certain repealed regulations and Article 71 of the Turkish Code of Obligations No. 6098, which regulates general strict liability for hazardous activities, and concludes that they do not constitute a valid legal basis for the specific subject at hand. However, it is determined that, under current legislation, the legal basis for the strict liability set forth in the aforementioned General Conditions is the Product Safety and Technical Regulations Law No. 7223. Nevertheless, significant discrepancies between these two regulations are evident. A similar incompatibility also exists between the General Conditions of Compulsory Liability Insurance for LPG and the provisions of the Turkish Commercial Code No. 6102. Based on these findings and in order to ensure legal certainty and uniformity, this study emphasizes that the provisions of the aforesaid General Conditions must be reviewed and updated in light of the product liability principles in the Product Safety and Technical Regulations Law and the mandatory norms of the Turkish Commercial Code.