The book entitled “Product Liability and The Applicable Law” by Dr. Candan Yasan Tepetaş, one of our consultants, has been published by On iki Levha Publishing House. In this book, product liability within the framework of Product Safety and Technical Regulations Act numbered 7223 is examined; the identification of the applicable law in the disputes containing a foreign element is explained; the application of a foreign law which prescribes punitive damages is evaluated. Today’s production technics, the sofistication that the technology has witnessed, the enhancements in digitalization and in artificial intelligence have increased the diversity of products that are launched, have made the product configuration more complex and have
multiplied the perils that the unsafe products are likely to cause. Many of the manufacturers that are based in the developed countries prefer other countries for their production where the labor cost is low, in order to decrease their production cost and increase their profit margin. The lack of safeness of the products that are manufactured and put in the circulation in different parts of the world in this way, may cause harm to the people residing in different parts of the world. All these above mentioned matters raised the importance of the product liability, and cultivated a transborder character for the disputes falling under this scope.
With regards to product liability, the differences between the states’ law highlight the importance of the law applicable to the disputes and identification of this law. In the first chapter of this study, the product liability is examined within the framework of Product Safety and Technical Regulations Act numbered 7223; an assessment is conducted within the framework of EU legislation. In this chapter, the fact that the manufacturers’ being held liable with punitive damages in some legal systems due to their disregard of public health and safety, is also explained. In the second chapter of the study, the topic of law applicable
to the disputes having an international character is discussed. In this chapter, Article 36 ofThe Act on Private International and Procedural Law numbered 5718 is comparatively examined with other legal systems especially with Swiss Law, EU legislation, and The Hauge Convention. The last chapter of the study is devoted to the breach of the public policy -that delimits the application of a foreign law- and the directly applied rules; in this chapter it's aimed to assess whether the punitive damages are against Turkish public policy under the specific scope of product liability.