What does "müteselsil" mean?

joint and several

adjective, archaic, Arabic

A chain reaction.

What does joint and several liability mean?

The term "müteselsil," meaning chain or joint liability, is predominantly encountered in legal texts as the expression "müteselsil irtibat" (joint and several liability), which describes the responsibility of multiple individuals for the same debt. In some Supreme Court decisions, joint and several liability is also referred to as "birasılık liman liability" (joint and several liability). Joint and several liability can arise from a legal provision or an agreement between the parties. Below, we have listed some regulations where parties are jointly and severally liable.

Turkish Code of Obligations

Article 61– If several people jointly cause damage or are responsible for the same damage for various reasons, they shall be prosecuted. joint and several liability The relevant provisions apply.
Article 69– The owner of a building or other structure is obligated to compensate for damages arising from defects in its construction or deficiencies in its maintenance. Holders of usufruct and habitation rights are also liable, along with the owner, for damages arising from deficiencies in the building's maintenance. They are jointly and severally liable. The responsible parties reserve the right to seek recourse against other persons liable to them for these reasons.
Article 71– If damages arise from the operation of a business that poses a significant risk, the business owner and, if applicable, the operator shall be liable for these damages. jointly and severally liable.
Article 162– Joint and several liability arises when each of several debtors declares that they accept full responsibility for the debt to the creditor. If no such declaration exists, joint and several liability only arises in the cases stipulated by law.
Article 163– The creditor may demand payment of all or part of the debt from all debtors, or from only one of them. The debtors' liability continues until the entire debt is paid.

Highway Traffic Law

Article 85 – If the operation of a motor vehicle causes death or injury to a person or damage to property, and if the motor vehicle is operated under the name or business name of an enterprise or with a ticket issued by such an enterprise, the operator of the motor vehicle and the owner of the enterprise to which it belongs shall be jointly and severally liable for the resulting damage.
Article 88 – In an accident involving a motor vehicle, if more than one person is liable for compensation for damages suffered by a third party, these parties... jointly and severally liable It is held.

Supreme Court Decisions

Supreme Court 10th Civil Chamber, Case No. 2018/3914 E., Decision No. 2019/9897 K.

It is important to emphasize that the distinction between partial and full joint and several liability was abolished in the Turkish Code of Obligations No. 6098, which entered into force on July 1, 2012. Article 61 states that if more than one person jointly causes damage or is liable for the same damage due to various reasons, the provisions regarding joint and several liability shall apply to them. Article 62 states that in apportioning compensation among jointly and severally liable debtors responsible for the same damage, all circumstances and conditions, especially the severity of the fault attributable to each of them and the intensity of the danger they created, shall be taken into consideration. It is also stated that a person who pays more than their share of the compensation shall have the right of recourse against the other jointly and severally liable parties for this excess payment and shall be subrogated to the rights of the injured party.

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