B.Turkish Law
We also aim to examine how the legal issues addressed in the England & Wales decision would probably be approached under the Turkish law. By considering the applicable legal framework and principles in Türkiye, we aim to provide an analysis and explore potential outcome in a similar dispute before Turkish courts. Accordingly, in…
Firstly, Turkish Commercial Code (“TCC”) Article 1478 states that:…
“The victim may claim its loss up to the insured sum directly from the insurer provided that the claim is brought within the prescription period applicable to the insurance contract…
Under Turkish law, the injured party (victim) in liability insurance contracts has…
Secondly, Rule 6.9 of the Rulebook of Türk P ve I Sigorta Anonim Sigorta states:…
“Unless the insurer otherwise determines, it is a condition precedent of an assured’s right to recover in respect of any liabilities that he must have first …
This is a pay to be paid clause, and it constitutes a contractual provision. Thus,…
Thirdly, in terms of the compulsory P&I insurance provided under the Turkish Insurance…
To sum up, it should be noted that even in non-compulsory liability insurance, parties’…