Journals / Ankara Barosu Dergisi / 2018 / Cilt: 76 - Sayı: 4
AN ASSESSMENT OF THE DECISION OF TURKISH COURT OF APPEAL ABOUT THE EFFECTS OF ONE SATISFACTION RULE ON THE CALCULATION OF DAMAGES
- Journal
- Ankara Barosu Dergisi
- Pages
- 145–162
- DOI
- —
Abstract
According to the one satisfaction rule, the past loss and future loss caused bythe same action are treated as a whole, lead to legal action based on singlecause of action, and damages is not awarded for each period as the damageincreases periodically. This principle applies to damages that are foreseeable orstrictly foreseen to occur in the future when the damage has occurred. The lossof income is a kind of future loss due to the fact that the loss occurs after thetime of calculation of damages. The one satisfaction rule applies to the futureloss that are caused by actions amounting to unfair competition. The 11thChamber of the Turkish Court of Appeal ruled that, unless there is a request,the loss of income caused by the actions amounting to unfair competition shallbe calculated up until the date of the action. This article discusses whether thisdecision of the 11th Chamber of Turkish Court of Appeal is contrary to theone satisfaction rule.
Özet
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