TÜRKIYE Law and Practice Contributed by: Tansu Akin, Akin Legal
1. Product Safety 1.1 Product Safety Legal Framework Turkish product safety legislation is underpinned by three fundamental pillars, complemented by specific regulations for certain industries and products: • The main body is the Turkish Code of Obliga - tions, No 6098 (TCO), which is the backbone of civil law, together with Turkish Civil Code and Turkish Code of Commerce. Product safety matters are generally based on the tort law and contract law provisions of the TCO, or are interpreted in its context. • Whenever a product safety matter is con - nected with consumers, the terms of the Consumer Protection Law No 6502 ( “Con- sumer Protection Law” or the CPL) would be applicable as a specific regulation. The CPL is an adapted version of EU’s Acquis Com - munautaire. • Law No 7223 on Technical Regulations and Product Safety ( “Product Safety Law” ) covers the product safety terms as a legislative text, which again closely mirrors the EU acquis. These three pillars collectively establish the framework for Turkish product safety law, encompassing contractual, tortious, and strict liability. Courts apply these principles based on the specific circumstances of each claimant’s case. Contractual liability, the most prevalent form, typically arises from a contractual relationship between parties, such as a manufacturer and a customer. It requires a breach of contract terms, such as non-compliance with agreed-upon specifications or objective technical regula - tions. Notably, contractual liability is fault-based,
necessitating proof of negligence or wrongdo - ing. The Turkish Code of Obligations extends strict liability to employers, animal/pet owners, and building owners for damages caused by their employees, animals/pets, and buildings, respec - tively. Additionally, operators and owners of high-risk businesses are subject to strict liabil - ity for damages resulting from their operations, regardless of prudent behaviour. Product liability claims may also be based on tort law, especially if there is no contractual relationship between the manufacturer and the claimant. This generally applies if a product causes damage to a property, or death or injury to persons. In this case, the claimant may make a claim against the manufacturer (or, as the case may be, the importer) for damages suffered due to the faulty product. The burden of proof rests with the claimant, and liability is fault-based. If a natural or legal person has acquired a prod - uct or service for non-profit purposes, then they would be considered a consumer and therefore be subject to the terms of the Consumer Protec - tion Law. Even though the liabilities under the Consumer Protection Law are still fault-based, it offers certain advantages to consumers, such as shifting the burden of proof to the vendor/ manufacturer for defects occurring within the first six months after purchase and holding the manufacturer/importer liable for the faults of their authorised sellers or service providers. The terms of the Product Safety Law would always be applicable for any product safety claim, whether there is a contractual relation - ship between the claimant and the manufactur - er/importer/seller, or the claimant is a consumer or merchant. When applying the Product Safety
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