Ürün Sorumluluğu Uyuşmazlıklarında Milletlerarası Yetki

Abstract

With the industrial revolution, the mechanisation, serialisation and intertwining of production processes with technology led to a great increase in the amount of products manufactured, and as a result, producers began to offer their products not only to the domestic market but also to foreign markets. These developments have resulted in the lifting of borders in commerce and the internationalisation of production operations. In this respect, the question of the requirements and principles under which the jurisdiction of Turkish courts will be established in cross-border product liability disputes has come to the fore. In the first part of the study, the substantive law dimension of product liability is examined in general terms. In the second part of the study, the establishment of jurisdiction in cross-border product liability disputes in terms of European Union, German and Swiss laws are examined respectively. In the third part, it is aimed to convey to the reader the doctrinal views and evaluations regarding the jurisdiction of Turkish courts in cross-border product liability disputes, which constitutes the main subject of the study. In this context, firstly, the issue of interpretation of the connecting factors in Article 16 of the Turkish Code of Civil Procedure, which is the main legal norm that will establish the jurisdiction of Turkish courts in cross-border product liability disputes has been adressed, and then the study is concluded by including evaluations on whether the jurisdictional criterion of "domicile of the injured party" regulated in the relevant provision constitutes a rule of exorbitant jurisdiction.