NEWSLETTER-2019-metin

225 LAW OF OBLIGATIONS A special case related to the statute of limitations is that the act that causes personal injury may also be an offense under criminal law. If compensation arises from an act that requires punishment, and crim- inal law provides a longer limitation periods, compensation claims shall be subjected to limitation periods stipulated in the criminal law, and not to periods of two and ten years. Employer Liability Any third person associated with the perpetrator, as well as the perpetrator, can be held liable for the personal injuries mentioned in this article. The most common case is where an employer bears re- sponsibility for the act. These cases are especially seen as liability for compensation by the owners of the business due to damages caused by employees working in restaurants and hotels. Pursuant toArticle 66 of the TCO, an employer is obliged to elimi- nate the damages that the employee perpetrates upon others during the course of his/her duties. In order to acquit itself of responsibility, the employer must prove that it exercised its due diligence enough so as to prevent the damage while choosing the employee, giving instructions, and while supervising its employee. Otherwise, the employer may also be held liable, together with the employee, who is the perpetrator, for damages caused to third parties. The Relationship between the Decisions of Civil and Criminal Courts Although compensation demands regarding personal injuries fall within the jurisdiction of the civil courts, some tortious acts may also constitute a criminal offense under criminal law, and a trial may be carried out in the criminal courts for the same act. In practice, before the judicial courts decide on compensation, they await the criminal proceedings to be concluded. While civil courts are bound by some determinations of crimi- nal courts regarding various elements of the compensation, there are also issues to be decided upon independently from the criminal court. Pursuant to Article 74 of the TCO, a civil judge is not bound by the