SERVICES

Material and Moral Indemnity In Divorce

According to Article 174 of the Turkish Civil Code, “The flawless or less defective party whose existing or expected interests are damaged due to divorce may request an appropriate material compensation from the defective party. The party whose personality right was attacked due to the events that caused the divorce may request that an appropriate amount of money be paid in respect of moral compensation from the defective party. ” Regarding this article, the 2nd Civil Chamber of the Supreme Court of Appeals ruled that “Since adultery constitutes a violation of personality rights, a moral compensation should be awarded along with a divorce in favor of the perfect spouse”.

However, again according to a decision of the 2nd Law Department of the Supreme Court; It is accepted that the woman requests a warning to apply to the court and return her home to forgive or tolerate the events before this warning date. For this reason, the husband will no longer be deemed defective and no material and moral compensation can be awarded in favor of his wife. On the other hand, the defendant husband, who insulted the wife, is considered defective and this causes a divorce. In summary, the plaintiff, whose personality rights are attacked in the events that cause divorce, has the right to demand moral compensation from the defendant who is at fault. However, the right to compensation of the spouse, who did not remain silent against the insults of the spouse or caused these insults, was regulated as follows in the relevant decision of the Supreme Court; “… From the collected evidence; the defendant said to her husband degrading words; it seems that the plaintiff also beat the defendant and said go away…. In the incident in question that caused the divorce, the woman seeking compensation is not flawed or flawed, but equally flawed. In this case, no moral compensation can be ruled for the benefit of women. ”

As a result, the spouse is flawless or less defective in order to qualify for pecuniary damage; On the other hand, the other party must be defective, there must be a loss and unlawfulness.

In order for the spouse to be entitled to moral compensation, it must be flawless. Spiritual compensation is a tool used to restore a person’s impaired spiritual balance. It is sufficient for the counterparty who wants spiritual compensation to be defective to qualify for compensation. However, the spouse who claims that his moral rights have been violated is obliged to prove this claim. If the plaintiff is unable to prove the existence of the material event as an attack on their co-ownership rights, they are not entitled to moral compensation.