Determination of Persons Liable for Defective Products in Turkish Law in the Light of European Union Product Liability Directive and New Directive Proposal


KURT L. M.

ANKARA AVRUPA CALISMALARI DERGISI-ANKARA REVIEW OF EUROPEAN STUDIES, sa.2, ss.359-392, 2023 (ESCI) identifier

Özet

Product safety and product liability are regulated in different Directives in the EU legislation. However, in Turkish law, product liability is regulated by Law numbered 7223 which mainly regulates product safety. This situation caused a lack of conceptual integrity and some uncertainties in terms of product liability, including the identification of economic operators liable for defective product. Since the Law numbered 7223 has been prepared in order to harmonize with the EU legislation, these problems can be solved by considering the relevant EU legislation. This study aims to determine the economic operators liable for defective products in Turkish law, in the light of the Directive 85/374/EEC and the new Product Liability Directive Proposal published by EU Commission in 2022.