Joint and Several Liability and Recourse for the Same Loss

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

Several persons may be liable for the same loss. Article 61 of the Turkish Code of Obligations applies joint and several liability where persons cause loss together or are liable for the same loss on different grounds. There must be a legal basis for each person's liability; mere presence at the scene is insufficient.

The Relationship with the Injured Person and Internal Allocation

With joint and several liability, the injured person may assert their claim against persons meeting the liability conditions. However, the same loss cannot be recovered more than once. A payment by one person affects the others' obligations for the same loss to the corresponding extent. Allocation among liable persons and the injured person's claim are different relationships.

Under Article 62 of the Turkish Code of Obligations, internal allocation takes all circumstances into account, particularly the seriousness of fault and intensity of the risk created. Equal liability or division by the number of persons is not mandatory in every case. A person paying more than their own share may seek recourse against the others for the excess and benefit from statutory subrogation.

Limitation for recourse claims is separately regulated by Article 73 of the Turkish Code of Obligations. Completion of payment, knowledge of the other liable person, and giving notice are important. The period governing the injured person's initial compensation claim must therefore not be confused with the recourse period between liable persons.

Source

Turkish Code of Obligations No. 6098, Articles 61–62, 73.

This article has been prepared for general legal information purposes.