08 Feb LAWSUIT FOR MENTAL ANGUISH DUE TO DEFAMATION
How To Open a Defamation And Compensation Case?
A lawsuit for compensation for a defamation action is a type of lawsuit that deals specifically with the issue of “personality rights”, which is also supported by universal laws in our legal system. The concept of personality rights is those rights that depend on the personality. In other words, in the legal system, a person’s rights over all the values that make up his personality constitute his personality rights. In this context, all values such as a person’s honor, dignity, surrounding reputation, honor, the right not to be tarnished, the privacy of private life are included in the rights of personality.
However, an act of defamation is also considered a tort in the context of private law on the grounds that it damages a person’s personal rights. A tort entails the need to cover this damage or, in other words, compensate it for harming the person who committed the act. Therefore, the case of defamation and compensation is brought up in this way.
Those who have been insulted and therefore have been harmed by a wrongful act due to an attack on their personal rights have the right to seek compensation by resorting to legal remedies to remedy this damage. However, the person who has harmed a person in any way due to an insulting act is also obliged to remedy the damage caused in question. In the legal context, a person who harms someone else with a defective act as a reason for a tort must remedy this damage.
AN EXAMPLE OF A PETITION FOR NON-PECUNIARY COMPENSATION FOR DEFAMATION
BURSA () CIVIL COURT OF FIRST INSTANCE;
prosecutor:
TC IDENTIFICATION NUMBER :
address :
attorney :
address :
DEFENDANT:
ADDRESS :
CASE VALUE :
SUBJECT : It consists in our Request for Moral Compensation for insulting reasons.
INSTRUCTIONS :
1-) the defendant …/ …/ … it’s in history at the bakery at the address named, our client at the time and witnessed some local residents who are sitting together with our client, turning towards the people in the bakery can hear your voice, and quite inappropriate in a manner that, in a nutshell, the client on the previous day due to parking his car, parked in front of the apartment is incompetent because the shape makes a mockery of claims provided for in Bet insulted with our client and incompetence.
2-) Our client has been living in the same neighborhood for several years, and the defendant’s actions have caused humiliation, dishonor and damage to his dignity in the eyes of people our client has known and met with as a family for many years. Our client has suffered a psychological concussion due to the incident he experienced.
3-) … As a result of the lawsuit filed as a result of a complaint filed with the Public Prosecutor’s Office, the Criminal Court … / … E. …/ … K. 125 of the Turkish Criminal Code No. 5237 for the offense of defamation of the defendant in the file No. according to the article, it was decided that he would be punished; (ANNEX-1) This negativity experienced by our client was caused by the defendant’s action, which also became fixed by the decision of the criminal court.
4-) We have been obliged to open this compensation case to ensure that the bad situation and sadness and elimination that the client has fallen into in the community due to the incident are resolved in some way.
LEGAL REASONS : 6098 P. K. m. 51, 58, 6100 Pp. K. m. 2, 3, 107, 5237 Pp. K. m. 125 and other relevant legislation.
LEGAL LUNATICS : … … of the Criminal Court …/ … E. …/ … K. file No. 1, Witness Statements.
Conclusion and request : for the reasons described above, the value of our client’s full of moral damage as a result of the inquest and allowing it to be precisely determined to be increased at a minimum possible time…….TL non-pecuniary damages for the tort occurred on the date …/…/… from the defendant with legal interest from the date of collection and litigation costs and attorneys ‘ fees yukletilm being decided to the opposite side of it, we respectfully request on behalf of our client. …/ …/ …
APPENDICES : 1. OCTOBER 2017 … Of the Criminal Court …/ … E. …/ … K. the numbered file
2. The names and addresses of the witnesses and the topics they will testify to
shows witness list,
3. An example of a certified power of attorney, which includes one special authority.
Deputy Plaintiff
You can read our other articles and petition examples by clicking here.
THE DECISION OF THE SUPREME COURT ON THE CASE OF NON-PECUNIARY COMPENSATION FOR THE OFFENSE OF DEFAMATION
COURT OF First Instance: Court of First Instance
At the end of the trial of the non-pecuniary compensation case due to the attack on the rights of persons through the press between the parties; the case was considered necessary after the appeal of the defendant’s deputy within the period of the decision on the partial acceptance of the case for reasons written in the decisition:
-DECISION-
1-According to the articles in the file, the decision is suitable for overturning, there is no inaccuracy in evaluating the evidence, the appeals of the defendants’ attorney that fall outside the scope of the following paragraph should be rejected.
As for the other appeal appeal of the defendants’ counsel;
2-The plaintiff, stating that he was insulted by the untrue statements of the defendants in the Unye Haber Newspaper dated 25/12/2013, asked for moral compensation of 10,000.00 TL from each defendant separately.
The defendants stated that the claims made did not reflect the truth and argued that the request should be rejected.
By the court, the adoption by the counsel for the defendants dated 14/10/2014 partially given case has been appealed by the first decision; our apartment 2015/10337 based on libel charges defendants with notice of Decision No. and dated 27/02/2017 2017/1178 about waiting for the finalisation of the criminal case opened on the decision reached by the result to be quashed on the grounds that it was an appropriate decision must be made. In accordance with the court’s decision to annul, with the partial acceptance of the case, it was decided to collect 10,000.00 TL of non-pecuniary damages jointly and severally from the defendants together with the legal interest from the date of the news; the verdict was appealed by the defendants’ deputies.
The case concerns a request for non-pecuniary compensation for an attack on the rights of a person through the press.
58 of the Turkish Code of Obligations No. 6098. article (BK 49, No. 818. according to the provision of Article 1), a person whose personal rights have been unlawfully attacked may request that non-pecuniary compensation be ruled on. When determining the amount of moral compensation, the judge should take into account the nature of the act and event that constitutes an attack, as well as the defect rate, title, position they occupy and other social and economic situations of the parties. Considering that there will be special circumstances and conditions that may vary depending on each event in determining the amount, it should objectively show the reasons that will affect the right to discretion at the place of decision. Because 4 of the Turkish Civil Code, where the judge will rule according to the law and equity in matters that the law gives the right to discretion. it is indicated in the article. This money, which will be judged, has an original nature, which has a function similar to compensation, which will ensure the birth of spiritual peace in the person who has been harmed. There is no penalty, as well as compensation for damage related to the law of assets
he has not made a goal. Then the limit of this compensation should be determined according to its purpose. The amount to be appreciated should be as much as is necessary to achieve the effect of the desired sense of satisfaction to be achieved in the current state.
In the concrete case; the date of the incident, the way the incident occurred, the position of the defendants and the above principles were taken into consideration, the amount of moral compensation ruled was excessive. The decision had to be overturned in order for a lower level of moral compensation to be appreciated.
CONCLUSION: If the appealed decision is OVERTURNED for the reasons shown in paragraph (2) above, the defendants may file other appeals
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