Article 34 MÖHUK – Torts and accidents in Turkey

Article 34 of Turkey’s Law No. 5718 on Private International Law and International Civil Procedure (MÖHUK) sets out which country’s law governs obligations arising from a tort (haksız fiil) with a foreign element. The starting point is the law of the country where the act was committed. That changes if the damage occurs in another country, if the case is more closely connected with another country, or if the parties choose a law after the event. You will come across this article if you had a car accident while on holiday in Turkey, were involved in a crash in Turkey in a car with German or Dutch plates, or want to claim directly from the other driver’s insurer.

Article 34 MÖHUK – text

Unofficial translation:

Torts
Article 34 – (1) Obligations arising from a tort are governed by the law of the country where the tort was committed.
(2) Where the place where the tort was committed and the place where the damage occurred are in different countries, the law of the country where the damage occurred applies.
(3) Where the obligation arising from the tort is more closely connected with another country, the law of that country applies.
(4) If the law applicable to the tort or to the insurance contract allows it, the injured party may bring the claim directly against the insurer of the person liable.
(5) After the tort has occurred, the parties may expressly choose the applicable law.

Turkish original:

Haksız fiiller
MADDE 34 – (1) Haksız fiilden doğan borçlar haksız fiilin işlendiği ülke hukukuna tâbidir.
(2) Haksız fiilin işlendiği yer ile zararın meydana geldiği yerin farklı ülkelerde olması hâlinde, zararın meydana geldiği ülke hukuku uygulanır.
(3) Haksız fiilden doğan borç ilişkisinin başka bir ülke ile daha sıkı ilişkili olması hâlinde bu ülke hukuku uygulanır.
(4) Haksız fiile veya sigorta sözleşmesine uygulanan hukuk imkân veriyorsa, zarar gören, talebini doğrudan doğruya sorumlunun sigortacısına karşı ileri sürebilir.
(5) Taraflar, haksız fiilin meydana gelmesinden sonra uygulanacak hukuku açık olarak seçebilirler.

The article has not changed since the law came into force on 12 December 2007; as of November 2026 the current text in the Ministry of Justice’s UYAP Mevzuat system carries no amendment note.

Legislative reasoning

According to the reasoning of the government bill, the article partly corresponds to Article 25 of the former Law No. 2675. Paragraphs 1 and 2 now refer to the “country” rather than the “place”, and paragraph 3 uses “closer connection” (sıkı ilişki) instead of “close link”. Replacing “may be applied” with “applies” was meant to stress the weight of the closer connection. Paragraph 4 is new: it gives the injured party a direct claim against the liable person’s insurer. If that right comes from the law governing the tort, that law applies; if it comes from the law governing the insurance contract, that law applies. Paragraph 5 allows a limited choice of law, made only after the event and only expressly. (Source: article-by-article reasoning of the bill submitted to the Turkish Parliament, where it was Article 33.)

Explanation

The law does not state an order of examination. In my reading, the text works as follows. First, did the parties expressly choose a law after the accident (para. 5)? If not, is the case more closely connected with another country (para. 3)? If not, the law of the place of the act applies (para. 1); if the act happened in one country and the damage arose in another, the law of the place of damage applies (para. 2).

A Turkish judge applies these rules, and the foreign law they point to, of their own motion and may ask the parties to help establish the content of the foreign law (Article 2(1) MÖHUK). In tort cases the conflict rules of the foreign law are not taken into account; its substantive rules apply directly (Article 2(3)). Limitation is governed by the law that governs the claim itself (Article 8 MÖHUK).

What this means if you live abroad

Car accident on holiday in Turkey

If the accident happened in Turkey and the parties did not choose another law afterwards, compensation is in principle governed by Turkish law (para. 1). Under Turkish law the keeper (işleten) is liable for damage caused by the operation of a motor vehicle (Road Traffic Law No. 2918, KTK Article 85(1)), and compulsory third-party liability insurance (zorunlu mali sorumluluk sigortası) is mandatory for that liability (KTK Article 91(1)). For compensation under the compulsory insurance and for non-pecuniary damages (manevi tazminat), matters not covered by the KTK are governed by the tort provisions of the Turkish Code of Obligations No. 6098 (KTK Article 90; TBK Articles 49 ff.).

If both parties live in Germany or the Netherlands, whether the case is more closely connected with that country (para. 3) depends on the facts. This point is disputed: the law does not list criteria for a “closer connection”, and I could not identify a verified, binding decision of the Court of Cassation (Yargıtay) on whether a shared habitual residence is enough on its own. How a court will decide in a specific dispute is uncertain.

Accident involving a foreign-registered car

If a foreign-registered vehicle has no insurance valid in Turkey, compulsory liability insurance is taken out at the border on entry (KTK Article 91(6)). The Insurance Law No. 5684, in Article 14(2)(d), refers to the Motor Insurers’ Bureau of Turkey (Türkiye Motorlu Taşıt Bürosu), which operates for Green Card insurance. How a claim involving a Green Card vehicle is handled is not covered here.

Whether you may have your damaged car repaired in Turkey or in your country of residence has been decided by the Court of Cassation’s Assembly of Civil Chambers (see below).

Claiming directly from the insurer (para. 4)

The injured party can claim directly from the liable person’s insurer if the law governing the tort or the insurance contract allows it. Turkish law does: the injured party may claim the loss directly from the insurer up to the sum insured (Commercial Code No. 6102, TTK Article 1478). For compulsory motor insurance, you must apply to the insurer in writing before suing or starting arbitration. If the insurer does not reply in writing within 15 days, or the reply does not meet the claim, you can sue or apply for arbitration under Law No. 5684 (KTK Article 97).

Compulsory motor insurance does not cover everything. Non-pecuniary damages, indirect losses such as loss of income or profit, and damage to goods carried in the vehicle are excluded (KTK Article 92). Those claims are made against the persons liable (for example the keeper), not against the compulsory insurer. Cover limits change every year, so no figures are given here.

Time limits

Where Turkish law applies, claims for material damage from motor accidents become time-barred two years after you learn of the damage and the person liable, and in any case ten years after the accident. If the act is a crime with a longer limitation period under criminal law, that period applies (KTK Article 109(1) and (2)). The general rule is in TBK Article 72.

Where can you sue?

The international jurisdiction of Turkish courts follows the domestic rules on territorial jurisdiction (Article 40 MÖHUK). In tort cases, the courts of the place where the act was committed, where the damage occurred, or where the injured party is domiciled also have jurisdiction (Code of Civil Procedure No. 6100, HMK Article 16). Liability claims from motor accidents can also be brought in the court of the place of the accident (KTK Article 110(2)). If you sue in Germany or the Netherlands, the court there applies its own conflict rules; Article 34 MÖHUK binds only Turkish courts. For the German or Dutch side, please consult a lawyer admitted in that country.

Choosing the law after the accident (para. 5)

After the accident the parties can choose the applicable law, for example during settlement talks. The choice must be express; an agreement made before the accident does not fall under this paragraph. The law does not separately address what effect such a choice has on an insurer that is not a party to it.

For other compensation claims, see compensation law.

Court of Cassation decisions

Yargıtay Hukuk Genel Kurulu (Assembly of Civil Chambers), E. 2014/703, K. 2016/497, T. 06.04.2016

The claimant, who lived in Germany, had temporarily brought his German-registered car to Turkey, where it was damaged on 10 August 2010 through the other driver’s fault. The first-instance court had assessed the damage by Turkish standards. By a majority, the Assembly held that the owner may choose whether to have the car repaired in Turkey or in the country where he lives, and that the actual cost of repair abroad must be paid in its Turkish lira equivalent. During deliberations one member argued that under Article 34 MÖHUK the damage should be assessed by Turkish standards; the majority did not accept this. The dissenting opinion also argues for Turkish law and Turkish conditions. The decision concerns a 2010 accident and the law in force then; I could not confirm from a verified decision whether the same approach applies to claims against the insurer after the 2016 and 2021 amendments to the KTK.

Yargıtay 4. Hukuk Dairesi (4th Civil Chamber), E. 2016/16774, K. 2019/1597, T. 20.03.2019

A municipality sought repayment of social benefits it said had been paid to the defendants without entitlement, alleging they had not declared their property in Turkey. The Chamber held that the dispute was based on a tort and, under Article 34, had to be decided under the law of the Netherlands as the place of the act. It quashed the judgment because a translation of the foreign statute on which the benefits were based had not been added to the file.

Frequently asked questions

I had a car accident on holiday in Turkey. Which law applies?

If the parties did not choose another law after the accident, Turkish law applies in principle (Article 34(1) MÖHUK). If the case is more closely connected with another country, that country’s law applies (para. 3); the law gives no criteria for this.

What happens if a foreign-registered car has an accident in Turkey?

If it has no insurance valid in Turkey, compulsory motor insurance is taken out at the border (KTK Article 91(6)). If the accident happens in Turkey, compensation is in principle governed by Turkish law.

Do I have to contact the insurer first after an accident in Turkey?

For claims under Turkish compulsory motor insurance, yes: before suing or starting arbitration you must apply to the insurer in writing, and the insurer has 15 days to reply (KTK Article 97).

Sources

Questions about your case

If you would like to know which law a Turkish court would apply after an accident in Turkey, how to claim from the insurer, or where a claim can be brought, you can book a video call, a phone call or a meeting in Düsseldorf on the appointment page, or send a written question through the contact form. Consultations are held in Turkish and cover Turkish law only (§ 206 BRAO); for claims under German or Dutch law, or against your own insurer there, please consult a lawyer admitted in that country. Useful to have ready:

the accident report (kaza tespit tutanağı) and any police or prosecutor’s documents,
the registration numbers and insurance details of both vehicles,
your letter to the insurer and its reply,
damage or medical records, and the country where they were issued.