TÜRKIYE Law and Practice Contributed by: Tansu Akin, Akin Legal
alleged fact, the courts will conclude that they have not met their burden of proof. In product liability cases, this principle often hinges on court-appointed expert reports. In the absence of sufficient evidence, experts may draw conclusions based on the balance of prob - abilities, and courts may tend to rely on such reports. However, if the appealing party insists on the strict application of the burden of proof, appellate courts may remand the case due to insufficient evidence. An exception to the reasonable proof burden exists in cases involving general life expecta - tions or presumptions. If a party’s claims contra - dict common sense or general expectations, the burden of proof shifts, and the court may require them to substantiate their allegations. It is important to note that in strict liability cases, the burden of proof rests with the defendant. 2.10 Courts in Which Product Liability Claims Are Brought Generally, product liability cases in Turkey are heard by civil courts of first instance, presided over by a first-class judge. However, if the claimant is a consumer, they must file their claim in a consumer court, which is also presided over by a first-class judge. When both parties are merchants or the dispute is commercial in nature, the case falls under the jurisdiction of a commercial court. Commercial courts typically consist of a panel of three first- class judges, but commercial disputes with a value below an annually adjusted threshold are heard by a single judge of commerce. Due to high inflation, this threshold must be reviewed and adjusted each calendar year.
The Turkish legal system does not employ trial by jury. All judicial reviews and decision-making are exclusively conducted by judges. 2.11 Appeal Mechanisms for Product Liability Claims First-instance court decisions in Turkey can be challenged before the Court of Cassation. This can involve either objecting to preliminary injunction orders or seeking cassation (annul - ment) of the verdict. The Court of Cassation has the authority to either retry the case from the beginning or simply remand it back to the court of first instance for reconsideration. The Court of Cassation decisions may be appealed before the Supreme Court (Court of Appeals) if the value of the dispute is above cer - tain thresholds. Due to high inflation in Turkey, the monetary thresholds should be reviewed annually for each calendar year. As a general principle, the time limit for filing a demand for cassation or appeal is two weeks. This is a statutory period beginning once the written award with the legal grounds is served upon the relevant party. 2.12 Defences to Product Liability Claims Under the general provisions of the TCO, a seller is not liable for defects that were readily appar - ent to the buyer at the time of contract forma - tion. This principle also applies if the buyer fails to inspect the product or notify the seller of the defect, unless the defect is latent or hidden. In tort law cases, the defendant may argue that they were not at fault or that there is no causal link between the alleged defect and the damage.
264 CHAMBERS.COM
Powered by FlippingBook