Müteselsil Sorumlulukta Zarar Verenlerin Birbirine Karşı Rücu İlişkisi

Abstract

More than one person causes the same damage than they are each liable up to the full amount of the damage jointly. This situation, which expresses the concept of joint responsibility, is regulated in Article 61 and 62 of the Turkish Code of Obligations. This rule is a different arrangement from the regulation of tort liability in order to strengthen the situation of the injured party and also to ease compensation for damage. The damaged person has the right to apply for the compensation of the damage to any one of damaging by the joint liability. Also it ensures that the responsibilities of all those responsible proceed until the compensation is fully compensated. This relationship refers to the external relationship. After all the compensation has been compensated, the issue of sharing the compensation among the damaging comes into question, which is the subject of the internal relationship between the damaging. The internal relationship is essentially related to the recourse scheme and implies that the payer, who pays more than his share, asks for the portion from other damaging. The purpose of the internal relationship is to provide a fair share of compensation among the damaging. In this study, the recourse relation has been examined in detail with the doctrine and the opinions of the Supreme Court of Appeals.