Sayfa 71Prof. Dr. Samim ÜNAN…
With regards to causation, the insufficiency of the so called “but for” (or “conditio…
Considering all causes “equivalent” (the “equality of the causes theory”) makes it…
To remedy the disadvantages of the “but for” test, different solutions are proposed…
- “causa proxima” or the “proximate cause” approach…
- “adequate cause” approach …
both being based on the same logic: calculation of possibilities and exclusion of…
In the field of insurance, special (additional) solutions are proposed and adopted.…
1. Council of State’s 8th Chamber – ; File no. 2011/8373; Decision no.2017/49 dated 17 January 2017
An insured workplace was seriously damaged due to the burst of the pipes belonging…
The Council of State held as follows: …
- The workplace cannot be opened without a licence; otherwise, it must be shut down…
- In administrative law, the liability of the public entity depends on the existence…
- A trader must behave as a prudent trader (according to the Turkish Commercial Code…
- TCC stipulates in its Article 1404 that an insurance contract covering a loss caused…
- The insurer who doesn’t make any inquiry as to whether the contract of insurance…
- In the litigated case, the lower Court should have determined if the Claimant had…
- If there is no valid licence granted for the workplace in question, the causal…
The above decision was given by the majority of the judges. The dissenting judge…
- In the general conditions of insurance, the business licence is not mentioned among…
- The question whether an insurance contract is invalid constitutes a private law…
- It seems not appropriate to make a decision on the validity of the insurance contract…
- Although the lack of licence must be seen as a negligent act (both for the insured…
- Article 1404 is aimed at prohibiting that an illicit behaviour be under the protection…
- Where workplaces are damaged while being used without a licence as a result of…
Our comments concerning the decision are given below.…
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