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What Are The Responsibilities Of The Person Who Owns The Animal?

Violation Of The Right To Liberty And Security Of The Person Due To Insufficient Compensation Paid For Detention Measures

A person who undertakes the care and management of an animal, whether permanently or temporarily, is obliged to compensate for the damage caused by the animal. Such person is liable for the resulting damage even if they are not at fault (kusur) for the occurrence of this damage. This liability is not a fault-based liability (kusur sorumluluğu) but a strict liability based on a cause (sebep sorumluluğu). The keeper of the animal shall not be held liable if they prove that they exercised the necessary diligence to prevent the damage from occurring. In other words, the person managing the animal may provide evidence of exoneration (kurtuluş kanıtı).

 

This state of liability is regulated in Article 67 of Law No. 6098 as follows: “A person who undertakes the care and management of an animal, whether permanently or temporarily, is obliged to compensate for the damage caused by the animal. The keeper of the animal shall not be held liable if they prove that they exercised the necessary diligence to prevent the occurrence of this damage. If the animal was startled by another person or by an animal belonging to another person, the keeper’s right of recourse (rücu hakkı) against these persons is reserved.”

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