Summary:
Non-pecuniary damages and claims in terms of financial compensation for the work, at the first meeting, the Quorum has not been achieved; the second interview, the other defendant Hasan’s father, Veysel, under-age, and the economic independence that do not have the son of the plaintiff’s common-law have a role in a union; and that is against the law to have a formal wedding without wedding is in a position to know the results of this relationship from the beginning and these are provided with informal acting in conjunction with H…, son co-promoter of his son of being the support and unlawful acts; he could not prove that he was making an effort to make an official marriage happen, as well as keeping his son under his control and guidance; even his son was in the military at a time when the plaintiff when keeping in the House, benefited from his service and labor, the acceptance of the existence of a wrongful act, that is, the father and son together in addition to property damage to the plaintiff’s motion to cause the injury of the rights of personality, one where it is not possible to isolate one from the other action, the nature of the dispute and the concrete case of the application of the law of obligations described in terms of the provisions relating to tort, according to defendant. V…. it has been concluded that it is necessary to accept that; it has been unanimously decided that the court’s decision, which is in accordance with the procedure and the law, should also be upheld in this regard.
T.C.
Supreme
General Assembly of Law
Issue No:2010/88
Decision No:2010/126
K. Date:24.2.2010
At the end of the trial for the case of “material and moral compensation” between the parties; Kü Decahya 2.10.06.2008 day and 2007/263 E, which were issued by the Court of First Instance on the partial acceptance of the case.-2009/202 K. upon the request of the deputies of the parties to examine the decision No. 4, the Supreme Court of Cassation.25.05.2009 days and 2008/11629 E of the Legal Department.-2009/7023 K. with Ref No.;
(…1-According to the articles in the dossier, the evidence on which the decision is based and the necessary reasons in accordance with the law, especially if there is no inaccuracy in evaluating the evidence, the plaintiff and the defendants ………………. Yılmaz’s appeals should be rejected.
2-As for the defendant V… Y…’s appeal, the case concerns requests for material and moral compensation from the unmarried spouse and his father due to the post-marital separation that took place without an official marriage. A part of the request was accepted by the local court; the decision was appealed by the parties.
Defendant V… Y… , he is the father of the other defendant who has maintained a married life without having an official marriage with the plaintiff. The marriage between the plaintiff and the unmarried spouse, which lasted for three years, ended with the plaintiff’s decommissioning upon disagreement. In the case filed after that, financial and moral compensation was requested together with the trappings left in the house. In addition to the other defendant, who is the unmarried spouse, the plaintiff has also shown his father, V… Y…, as the defendant. Since there is no reason that requires the defendant father’s responsibility for the son’s action, the case against him must be dismissed. The decision had to be overturned because it was not in accordance with the procedure and the law that the local court decided its responsibility together with the other defendant on the written grounds that this direction was not in place without consideration….)
on the grounds that the appealed decision is for the reason shown in paragraph (2) above, the defendant V… Y…. to the detriment of the benefit; H. From the plaintiff to the defendants H…Y…. at the end of the retrial, the rejection of the appeals of the ’s for the reasons in the first paragraph was decided and reversed instead of the file; the court resisted the previous decision.
THE APPELLANT: The defendant’s deputy
DECISION OF THE GENERAL ASSEMBLY OF JURISPRUDENCE
After it was understood that the decision to resist was appealed during the examination by the General Assembly of the Law and the papers in the file were read, the requirement was discussed:
The case is related to the claim for material and moral compensation based on the separation that took place after the marriage, which was made without an official marriage; The animosity was directed to the father as well as the unmarried wife with the claim of joint responsibility.
The deputy plaintiff stated that the plaintiff was deceived by the defendants for 3 years that an official wedding was held, and when she asked for a wedding, she was expelled from the house, noting that the price of 5 giramise and 2 republican gold and 2 adana auger bracelets remaining at home is 2,750 YTL.; 3.250,00 YTL in return for his contribution by working with the defendants for 3 years; he asked the defendants to jointly and severally decide on the collection of moral compensation of 15,000.00 UAH due to financial and suffering, including 10,000.00 UAH due to the deterioration of his girlhood, the loss of the chance to have a good marriage, and 15,000.00 UAH due to the suffering and suffering.
As for the defendants’ proxy, it is true that the parties were married without a prenuptial agreement, but there are no grounds for other claims, official marriage could not be held for various reasons, shortly after the marriage, the defendant H…. H… H…’S Army went to return to military service, this time she left the House of the plaintiff, as alleged not been kicked out, aren’t selling your gold, it’s still on the client, but the auger thin bracelets bracelets and they’re willing to pay, on demand, by specifying a common-law spouse against the merits of the case against his father were asked to be decided in the case of denial in terms of animosity.
For the trial the defendant signed a declaration Veysel them left in gold, gold gremise 4 large, 2 half Gold, 2 bracelet, double-screw, the other is not, she just declared that he was ready to return; the plaintiff’s attorney, the defendant had reported that the statement of objections.
By the court; which are known to gramis large gold 4, Gold 2 half, 2 to the plaintiff and defendant to be taken exactly double screw bracelet from the return 3.000,00 YTL for non-pecuniary damages to be given to defendants severally with the collection of the plaintiff, 3.250,00 YTL prompt requested financial compensation in exchange for work to be given to the plaintiff with the defendants severally with the collection of full acceptance of maiden corruption and demand monetary compensation because of the loss of the chance of making a good marriage is desired, it was decided that the denial of requests for more and other items.
Upon the appeal of the attorneys of the parties, all appeals of the Private Department, the plaintiff’s attorney and the defendant’s unmarried spouse were rejected; the decision made by the father of the unmarried spouse from the direction of the other defendant was overturned by a bet that he was not responsible, as detailed in the title section above.
The decision of the Local Court to resist in its previous decision, the defendant appealed to the deputy.
The first decision made by the court is final in terms of the defendant’s responsibility for the unmarried spouse, the dispute that comes before the General Assembly of Law through resistance; whether the defendants have legal responsibility for the father of the unmarried spouse, whether there is a clear assessment of this defendant in the first decision of the court is collected at the point where there is a clear assessment of the defendant.
First of all, it is useful to establish concrete event characteristics with effective evidence of the discrepancy:
In the concrete case, the plaintiff woman 15.08.1984, the defendant H… H…. de was born on 17.04.1983 and they were unofficially united on 20.06.2002 with the information and encouragement of the other defendant father by having a wedding; they did not perform an official wedding. After the wedding, they did not move to an independent house, but lived together for about 3 years in the same house with the other defendant(H…’s father) V…. Defendant H…. H…. , between dec1.12.2003 and 01.03.2005, he served his military service for about 15 months and was not at home. During this time, the plaintiff woman, the other defendant v…. he continued to stay at the house of and did the work shown to him; he contributed to the budget of this house where he lived.
It should be noted that the plaintiff and the defendant H…. this informal union between dec dec is not a marriage that takes place within the meaning of the Civil Code and has validity in the field of law; It also does not create a family law relationship between the parties. Therefore, it is necessary to evaluate the relationship between the parties not according to the principles of family law, but according to the rules of the law of obligations, in particular, the provisions dec unfair action.
The court, the defendant H… H…. he recognized the existence of an unfair act of the and this aspect was confirmed by non-violation. It was decided that the other defendant, who is the father of Defendant Hasan, together with his son, would be jointly and severally liable in accordance with the rules of the law of obligations; during the negotiations held at the General Assembly of Law, defendant V….. the responsibility of the has been discussed and voted on separately in terms of trappings and other requests.
In the examination conducted in terms of a claim for financial compensation for trappings;
Defendant V…. Dated 19.03.2008 the last trial record “the rest of us, we wear big gold bracelets which is called gremise US 4, 2 half gold, bracelet, bracelet, other than there is 2 double screw it, I’m ready to return” – shaped open acceptance of this statement and signed a declaration has accepted personal responsibility and the plaintiffs did not appeal. In the face of this open acceptance, this issue was decided unanimously at the first meeting, and the majority opinion agreed that defendant Veysel had a responsibility to return in terms of the trappings stated in the declaration, and that it should be upheld because there was no error in the decision of the local court in this direction.
As for the other claims of the plaintiff;
Non-pecuniary damages and claims in terms of financial compensation for the work, at the first meeting, the Quorum has not been achieved; the second interview, the other defendant Hasan’s father, Veysel, under-age, and the economic independence that do not have the son of the plaintiff’s common-law have a role in a union; and that is against the law to have a formal wedding without wedding is in a position to know the results of this relationship from the beginning and these are provided with informal acting in conjunction with H…, son co-promoter of his son of being the support and unlawful acts; he could not prove that he was making an effort to make an official marriage happen, as well as keeping his son under his control and guidance; even his son was in the military at a time when the plaintiff when keeping in the House, benefited from his service and labor, the acceptance of the existence of a wrongful act, that is, the father and son together in addition to property damage to the plaintiff’s motion to cause the injury of the rights of personality, one where it is not possible to isolate one from the other action, the nature of the dispute and the concrete case of the application of the law of obligations described in terms of the provisions relating to tort, according to defendant. V…. it has been concluded that it is necessary to accept that; it has been unanimously decided that the court’s decision, which is in accordance with the procedure and the law, should also be upheld in this regard.
For the reasons described above and as a result; the court decided on joint and mutual liability for the defendant’s unmarried spouse, as well as the father of the unmarried spouse, in terms of claims for material compensation for jewelry, moral compensation and work, and there is no illegal direction and no inaccuracies in the provision of these requests, and the decision to resist, which is in accordance with the procedure and law, must be upheld.
C U S o n : the rejection of the objections of the defendant to resist with appellate counsel for the reasons shown above decision, in terms of jewelry, 24.02.2010 in the first meeting by a majority of votes on the day, moral damages and financial compensation for the work, in terms of the day to ratification by unanimous vote it was decided at the second meeting on 03.03.2010.