Liability of The Head of The Family (Turkish Civil Code Art. 369) According to Turkish Law

İpek SAĞLAM*…

I.IN GENERAL

Article 369 of the Turkish Civil Code is as follows: “The head of the family is liable from the damage caused by the household member who is a minor, who is subject to deputyship, who is mentally ill or who is mentally weak unless they prove that they had supervised them as diligent as would normally be expected in the prevailing circumstances or even if they had paid the attention and imposed the duty of care they could not prevent the damage incurrence anyway.…

The head of the family is under the obligation to take all the neccessary precautions in order not to cause risk or damage from the household member who suffers from a mental illness or a mental weakness that could happen to himself or to others.…

Where necessary, the head of the family must notify the competent authority to take the precautionary measures…