Direct Claim Against Insurer Under Liability Insurance

Co-Authored by Pelin Baysal

I. INTRODUCTION

The relationship between Turkish civil law and Swiss civil law is deep rooted. Along with the foundation of the Republic of Turkey in 1923, the legislator pursued the ultimate aim of modernising the judicial and administrative structure and took the Swiss example as the main reference. In this respect, the Turkish Civil Code, the Code of Obligations and the Enforcement and Insolvency Code, as well as the Civil Procedural Code and the vast majority of the Commercial Code are derived from Swiss law.

Turkish insurance law, however, is an exception. Albeit constituting a part of the Commercial Code, it is mainly adopted from German law.¹ Yet, insurance law has always been backed up by general civil law principles which inevitably prevent Turkish authorities and scholars from turning a blind eye to the developments in Swiss jurisdiction.