ERDEM-NEWSLETTER-2018-metin

53 COMMERCIAL LAW “In the sense of trust liability, the source of liability is the parent company to create certain expectations before counterparts (i.e. the third party who trades with the affiliated company ) through using the general confidence in the community but, however, does not meet the same expectation and, therefore, causes damage . In other words, such provision protects the established trust, but not the abstract. Otherwise, the source of liability is not the trust of the society and the consumer of the group of companies and the group of companies ’ good faith or its qualified services. Therefore, the uncollectible receivables of a subsidiary cannot be claimed from the parent company solely based on the member - ship of such subsidiary to a group of companies having a high-level reputation, unless the parent company makes statements and acts seeking to provide a certain level of confidence, and to create actual expectations.” 11 The parent company that had been sued under Article 209 of the TCC , may give notice of the lawsuit to the board of directors members and it is entitled recourse to board of directors members, if it has been ordered to give recompense in the court decision. Rights of sharehold- ers and creditors of the company to file a liability action against board members are also reserved 12 . Conclusion In addition to the liability to shareholders and debtors of the par- ent companies in terms of Article 195 and their affiliates, they are also held liable to consumers. Through the abovementioned provision, Tur- key became the first country that legalized the implementation of the Federal Court of Switzerland, trust liability, as decided by the Wibru/ Swissair decision (BGE 120 II 331) 13 . 11 Şener , p. 191-197. 12 Poroy/Tekinalp/Çamoğlu , p. 439. 13 Preamble, p.143-144.