Liability for Damage Caused by Domestic and Wild Animals in Turkish Law


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Altunkaya M., GÜLOĞLU Y., BELKAYALI N., BULUT A., Cesur L.

JURNAL CITA HUKUM-INDONESIAN LAW JOURNAL, cilt.8, sa.2, ss.243-260, 2020 (ESCI) identifier

  • Yayın Türü: Makale / Tam Makale
  • Cilt numarası: 8 Sayı: 2
  • Basım Tarihi: 2020
  • Doi Numarası: 10.15408/jch.v8i2.16299
  • Dergi Adı: JURNAL CITA HUKUM-INDONESIAN LAW JOURNAL
  • Derginin Tarandığı İndeksler: Emerging Sources Citation Index (ESCI)
  • Sayfa Sayıları: ss.243-260
  • Anahtar Kelimeler: Pet owner liability, Pets, Wild animals, Strict liability, Compensation
  • Akdeniz Üniversitesi Adresli: Hayır

Özet

The Turkish Code of Obligations holds pet owners objectively liable for any damage caused by their pets regardless of fault on the grounds that they failed to carry out their supervisory duty. There is, however, no regulation on compensation for damages caused by wild or stray animals. The legal gap in this field is filled by case laws. The aim of this study is to compare pet owner liability regulated by private law as strict liability and state liability for damage caused by wild animals protected by national legislation and international conventions. The research material consists of current legislation, and judicial and administrative decisions on property damage and bodily injury caused by animals. Tort claims for damages caused by pets and wild animals differ by statute of limitations, judicial remedy, the law on which the case is based, and strict liability principles. Pet owner liability for damage caused by the pet is based on strict liability in private law while administrative court decisions hold the administration liable based sometimes on strict liability and sometimes on negligence.