EN
TR
Anahtar kelimeler: Sorumluluk sigortası, doğrudan dava, kanunlar ihtilafı, sigorta hukuku, milletlerarası özel hukuk. Abstract…
Art. 1478 of Turkish Commercial Code Nr. 6102 introduced a general rule for all liability insurances, providing for a right for direct action by the injured party. Due to the coming into effect of this right, which was previously applied in a limited area, the issue of the application of the conflict of laws rule under Art. 34(4) of the Turkish Code on International Private and Procedural Law Nr. 5718 by the Turkish courts have gained more importance. Under the relevant provision, an injured party may bring a claim against the liability insurer of the liable person, either in accordance with the law applicable to the tort or the insurance contract. However, the uncertainties arising from the implementation of the provision have been examined differently by the doctrine. On the other hand, the legal nature of the right of direct action is also a controversial issue in Turkish law. The aim of this paper is to explain the legal nature of the right envisaged in Art. 1478 of the TCC, as well as its possible application within the scope of the IPPL, taking into account the suggestions on the rule set under Art. 18 of Rome II Regulation, which deals with the applicable law to the non-contractual obligations under EU law.…
Keywords: Liability insurance, direct action, conflict of laws, insurance law, private international law.…
