10 Jul THE FACT THAT THE AMOUNT OF COMPENSATION AND ALIMONY ASSESSED IN THE DIVORCE CASE IS NOT EQUITABLE IS THE REASON FOR THE BREAKDOWN
The marriage union established between the parties by divorce is terminated by Decisionof the court, and a number of consequences of the termination of the marriage union are raised. Material and non-pecuniary compensation and alimony are the financial consequences of a divorce case.
Financial Compensation; A perfect or less defective party whose current or expected interests have been damaged by a divorce may request appropriate financial compensation from the defective party.
Moral Compensation; The party whose right of personality has been attacked due to the events that caused the divorce may request that an appropriate amount of money be paid as moral compensation to the other party who is defective.
Alimony for Poverty; The party who will fall into poverty due to a divorce may request alimony indefinitely at the rate of his financial strength from the other side for his livelihood, provided that the defect is not more severe. The fault of the alimony obligation is not sought.
The case rights arising from the termination of the marriage due to divorce (material and moral compensation, alimony for poverty) are subject to a statute of limitations one year after the finalization of the divorce provision.
Her divorce, and alimony after divorce or also requested compensation claims of the parties in determining the amount of tangible and intangible economic and social conditions, and the event that led to the divorce, the parties of the defect degrees, the purchasing power of money, the attack on individual rights, and the laws of the current and the expected benefits should be taken into account. It is necessary to evaluate all these issues together and determine the amounts of compensation and child support in an equitable and lawful amount.
An exemplary Supreme Court Decision on the issue;
T.C. COURT OF CASSATION 2. DEPARTMENT OF LAW E. 2016/16823 K. 2018/6020 T. 3.5.2018
SUMMARY: The case is related to the request for a divorce.
Considering the identified economic and social situation of the parties, the degree of defects in the events leading to the divorce, the purchasing power of money, the current and expected interests violated by the attack on the rights of personality, there is little material and moral compensation that is appreciated for the benefit of the plaintiff woman. 4 Of the Turkish Civil Code. 50 and 51 of the Turkish Code of Obligations with the principle of equity in its article. taking into account the provision of the article, a more appropriate amount of material and non-pecuniary compensation is required to be assessed, and the provision is invalid without regard to these aspects.
CASE: At the end of the trial between the parties, the judgment given by the local court, the date and number shown above, was appealed by the plaintiff woman in terms of the amounts of alimony and compensation; and the defendant man was appealed in terms of Decisiveness of alimony and compensation, the paperwork was read and discussed as necessary:
DECISION: 1– )According to the articles in the file, the evidence on which the decision is based, the legal reasons and, in particular, there is no inaccuracy in the discretion of the evidence, all the appeals of the defendant man and the plaintiff woman that fall outside the scope of the following paragraph are inappropriate.
2- )detected by the economic and social conditions, and the events that led to the divorce, the flaw in degrees, the purchasing power of money, the attack on individual rights violated by considering the current and expected interest, the plaintiff appreciated the woman for the benefit of pecuniary and non-pecuniary damages is for. 4 Of the Turkish Civil Code. 50 and 51 of the Turkish Code of Obligations with the principle of equity in its article. taking into account the provision of the article, a more appropriate amount of material (TMK m. 174/1 ) and spiritual ( TMK m. 174/2 ) compensation appreciation is required. Without observing these aspects, the judgment facility was not found to be correct.
CONCLUSION: The above 2nd part of the appealed provision.for the reason shown in the paragraph, the other sections that are subject to appeal that are out of the scope of violation, if they are CORRUPTED, are listed above 1. it was unanimously decided that for the reason shown in the paragraph, the fee written below should be charged to the defendant, that there is no room for the receipt of the fee other than the TL 143.50 appeal application fee to offset the advance fee, that if the appeal advance fee is requested, it should be returned to the plaintiff who deposited the decision, within 15 days of the notification of this decision, the way to correct the decision is open.03.05.2018
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