The 4th Civil Chamber of the Court of Cassation ruled that a driver's lack of a license does not, by itself, constitute fault in driving or in the flow of traffic, and that for a contributory-negligence reduction to be applied under Article 52 of the Turkish Code of Obligations, it must be proven that the lack of a license contributed to the occurrence of the accident or the increase of the damage. In the case at hand, since it was established that the lack of a license had made no contribution to the accident, the 20% contributory-negligence reduction applied to the insurance compensation was found to be erroneous and was reversed.
