Care, Control, and Liability in Keeping an Animal

Legal Article · 12 November 2026
Av. Thomas Andreas Di Constantinople

Liability for damage caused by an animal is not determined solely by ownership documents. Article 67 of the Turkish Code of Obligations focuses on the person who permanently or temporarily undertakes the animal's care and control. Where the owner and actual keeper differ, the liability relationship must therefore be examined separately.

Proving That Necessary Care Was Exercised

An animal keeper may escape liability under this provision by proving that they exercised the care necessary to prevent the damage. The animal's species, habits, environment, and foreseeable dangers matter in the particular case. The fact that the animal caused no damage previously is not invariably sufficient exculpatory proof.

Where the animal was frightened by a person or another animal, the keeper's right of recourse against relevant persons is reserved. This does not require the injured person's claim to be rejected directly in every case; external liability, causation, and recourse in the internal relationship are separate issues.

Where an animal damages another person's immovable property, Article 68 of the Turkish Code of Obligations provides an opportunity to capture and retain it until the damage is remedied. This power is not unlimited; the owner must be informed immediately, or necessary steps taken to find them if unknown. Administrative duties or special legislation may also apply separately according to the circumstances.

Source

Turkish Code of Obligations No. 6098, Articles 67–68.

This article has been prepared for general legal information purposes.