Exclusion of Liability Agreement

A contract stating that a party is not liable for any damage does not mean that clause is valid and unlimited in every case. Advance exclusions or limitations of liability must be assessed with mandatory statutory limits and the contract's nature.

The Seriousness of Fault and Nature of the Activity

Article 115 of the Turkish Code of Obligations limits advance exclusion agreements, particularly concerning gross fault. Special provisions apply to employment relationships and authorised specialist activities. Rules concerning auxiliary persons' acts require separate examination. A party's experience or merchant status does not invariably remove mandatory invalidity rules.

Scope of the Limitation Clause

Limiting liability to an amount, excluding particular losses, or requiring short notification periods may have different consequences. Review under standard-terms and consumer law may also arise. Unclear wording must be interpreted with the whole contract. The existence of insurance and contractual removal of liability towards an injured person are different matters.

Before Signing and After a Dispute

A new contract requires understanding who bears the risk and whether insurance protection is adequate. Settlement or release after loss occurs differs from an advance exclusion clause. We examine the disputed provision's validity, losses actually covered, and effect on the claim; we do not conclude that all liability was excluded without reviewing the clause.

Documents That May Be Prepared for the Initial Review

• The contract and general terms
• Authorisation and permit records for the activity
• Documents concerning the event and fault
• Insurance and settlement texts

Submit Your Matter

File review and representation are paid services. Scope and fees are agreed in writing before work begins.