Unlawfulness

Conduct causing loss does not always mean it is unlawful. The right or protective rule infringed and any justification must be examined. In a compensation claim, this assessment must be made separately from the amount of loss and fault.

The Protected Right and Its Infringement

Under Articles 49 et seq. of the Turkish Code of Obligations, the nature of interference with personality, ownership, or another protected interest must be identified. An adverse economic outcome alone may be insufficient. For pure economic loss, the purpose of the relevant protective provision is particularly important. Special cases, such as intentionally causing harm immorally, must also be assessed under their own conditions.

Grounds of Justification

Statutory authority, valid consent, self-defence, or necessity may arise in a particular case. Whether authority was exercised within its limits matters as much as its existence. Consent to one transaction does not mean acceptance of every subsequent act or unlimited harm. These grounds must be explained through the event's circumstances rather than abstract statements.

Constructing the Claim

When preparing a liability allegation, the infringed right, conduct, result, and defences must be presented within the same factual narrative. Assessment may differ for certain strict-liability claims. We determine which remedy addresses the specific loss and which defence requires documents, converting a general assertion of unfairness into a concrete legal allegation.

Documents That May Be Prepared for the Initial Review

• A record of the interference
• Authority or consent documents
• A report showing the circumstances
• Loss documents

Submit Your Matter

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