Obligations and contracts

Tort (wrongful act)

A wrongful and culpable act that causes harm to another person and gives rise to an obligation to compensate that harm.

All terms

Under Turkish law, a tort is a wrongful and culpable act that causes damage to another, obliging the wrongdoer to compensate the loss. Liability requires four elements together: unlawfulness, fault, damage and a causal link between the conduct and the harm.

Traffic accidents, damage to neighbouring property, attacks on personality rights and unlawful publications on social media are the most common everyday examples. The injured party may claim pecuniary damages for financial loss and moral damages for injury to personal values.

Tort claims are subject to shorter limitation periods than contractual claims. Where the act also constitutes a criminal offence, the longer limitation period of criminal law may extend the time available for the civil compensation claim.

Not to be confused with

Sözleşmeye aykırılık ile karıştırılmamalıdır: sözleşme ihlalinde taraflar arasında önceden kurulmuş bir ilişki vardır, haksız fiil ise böyle bir ilişki olmaksızın verilen zarardan doğar.

Statutory basis

  • TBK m.49

The glossary is provided for information only and does not constitute legal advice. What a term means in a specific case depends on the details of the file.