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Liability for Auxiliary Persons
(2026) Somunoğlu, Ali Kerem; Oğuz, Cemal
Under Article 83 of the Turkish Code of Obligations (TCO), the legislator has established as a general rule that there is no requirement for the personal performance of an obligation. However, in cases where the creditor has a legitimate interest in the obligation being performed personally by the debtor, a third party may no longer fulfill the performance in the debtor's stead. In the current stage of modern economic and commercial relations, it has become virtually impossible for a single individual to carry out complex operations that require specialized expertise and technical knowledge. Given this reality and the general rule regarding the non-requirement of personal performance, the use of auxiliary persons has become a frequent necessity. Consequently, legal systems have felt the need to regulate not only how and by whom the damages of a person harmed by the acts of an auxiliary person will be compensated but also whether the debtor's liability in this regard can be waived through a exemption clause. In this thesis, the liability for auxiliary persons as regulated under Art. 116 of the TCO is examined, while also addressing related concepts within the Law of Obligations.

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