Validity Limits of Exclusion of Liability Clauses

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

An exclusion of liability agreement is a contractual provision intended to remove or limit liability that may arise in the future. The parties' freedom of contract is not unlimited in this area. Article 115 of the Turkish Code of Obligations renders an advance agreement excluding the debtor's liability for gross fault absolutely void. Signing the contract does not remove this prohibition.

Prohibitions Specific to the Activity and Relationship

A special prohibition also applies to advance exclusion agreements concerning the debtor's obligations arising from an employment contract with the creditor. For specialist services, professions, and crafts conducted under statutory or official authorisation, a clause excluding liability even for slight fault is also invalid. Whether the activity falls within this category must be determined specifically.

Liability for auxiliary persons' acts is separately regulated by Article 116 of the Turkish Code of Obligations. The general possibility of excluding liability in advance must be distinguished from the prohibition applying to authorised specialist activities. The rule in Article 115 concerning the debtor's own conduct cannot be transferred in every detail to the auxiliary-person regime.

Clauses prepared in advance for use in numerous contracts are also subject to review as standard terms. Even if a clause becomes part of the contract, it must satisfy mandatory law and substantive review. Limiting future liability and extinguishing an existing claim through release or settlement are separate legal transactions.

Source

Turkish Code of Obligations No. 6098, Articles 20–25, 115–116.

This article has been prepared for general legal information purposes.