Keçecioğlu, Burak

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https://gcris.yasar.edu.tr/handle/123456789/12319
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Dr.Öğr.Üyesi
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01.01.07.01. Hukuk Bölümü
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0000-0001-6649-251X
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Banka ve Ticaret Hukuku Dergisi1
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    ANONİM ŞİRKETLERDE TTK M. 371/5 HÜKMÜ ÇERÇEVESİNDE ORGANIN HAKSIZ FİİLİNDEN DOĞAN SORUMLULUK
    (2025) Sevı, Alı Murat; Keçecioğlu, Burak
    This article examines the liability of joint-stock companies towards third parties for torts committed by their organs during the performance of their duties, within the scope of Article 371 (5) of the Turkish Commercial Code (TCC). The provision represents a specific reflection, for joint-stock companies, of the general principle set out in Article 50 (2) of the Turkish Civil Code (TCCiv), which regulates the liability of legal persons for acts committed by their organs. The provision applies only to acts that are committed by individuals who have the status of organ and that are functionally connected to the performance of their duties. Acts of other employees fall outside this scope. It is accepted that the liability of the company is based on the attribution of the organ’s fault directly to the legal person. In this context, the individual who committed the tortious act may also be held personally liable under Article 50 (3) of the TCCiv and, under certain conditions, under Articles 549 et seq. of the TCC. Thus, both the company and the organ may be sued jointly or separately for the same act. In cases where the company is held liable, it retains a right of recourse against the responsible organ. This article systematically examines the relevant regulation in light of Turkish and comparative legal systems and addresses interpretation issues and the limits of such liability in practice.