Newsletter-21

257 LAW OF OBLIGATIONS Organizational Liability Added to Art. 66 of the Turkish Code of Obligations Regarding Employer’s Liability* Assoc. Prof. H. Murat Develioglu Introduction The legislator has not only made various changes on the abol- ished Turkish Code of Obligations (“aCO”) numbered 818, but has also included various new concepts and institutions in the new code by implementing the Turkish Code of Obligations (“TCO”) numbered 6098. One of the aforementioned concepts and institutions is “ or- ganizational liability. ” General information regarding this concept is provided, below. The Regulation of Organization Liability in the Turkish Code of Obligations During the time of the aCO, the employer’s liability was regu- lated under Article 55 of aTCO. The aforementioned provision is com- prised of two subparagraphs. In the first subparagraph, the employer’s liability and the evidence of exclusion from liability were regulated; whereas, under the second subparagraph, the recourse opportunity of the employer, who pays the compensation, was set forth. TCO Art. 66, which corresponds to aCO Art. 55, consists of four subparagraphs. Although the number of subparagraphs has changed, only the content of the third subparagraph in terms of the regulations of the previous code has been altered. Accordingly, the provision entitled “ Employer’s Liability ” reads: “The employer shall be obliged to compensate the damage suffered by the employee during the performance of their work. * Article of July 2016