IN THE JEWELRY CASE
Two things are essential in a trinket case. These are the existence of the jewelry and the proof of its inheritance. Firstly, the existence of the adornment must be proved. According to the practice, the burden of proof on this issue generally belongs to the plaintiff woman, who is the party requesting restitution. For this purpose, wedding photos, wedding videos and witness statements can be utilized.
According to the Court of Cassation, it is not enough for the plaintiff to prove the existence of the jewelry; she must also prove that she does not have them. According to the Court of Cassation, under normal circumstances, it is accepted that the jewelry belongs to the woman. Therefore, the plaintiff bears the burden of proving the existence of the jewelry and that they were forcibly taken away from her when she left the house; in other words, she was prevented from taking them away and they remained in the house. Likewise, the plaintiff woman may prove that the jewelry was taken from her by her defendant husband and sold or used for expenses such as the purchase of personal property or deposited in her bank account. These matters can be proved by any evidence, including witnesses.
According to the Court of Cassation, in some cases, it is contrary to the ordinary course of life for the woman to take her jewelry with her, and the claim for jewelry receivables should be accepted. For example, this is the case for a woman who proves that she left the house after being physically abused or fired. In this case, the burden of proof that the plaintiff woman took the gold with her when she left the house belongs to the defendant. This is also the case for a woman whose jewelry is in a safe, but she does not have the key to it.
Again, the jewelry worn at the wedding may have been exchanged by the husband and used for various purposes. In such a case, according to the Court of Cassation, the defendant (husband) is obliged to return the cash equivalent of the jewelry to the plaintiff (wife). For example, exchange for wedding debts, purchase of vehicles or real estate, personal debts of the husband, debts of in-laws, rent debts, household needs, opening a business, medical expenses, honeymoon and debts of the marriage union are within this scope. The exception to this is if the defendant husband proves that the jewellery was given by the defendant husband with the intention of not demanding it back.
WHAT ARE THE CONSEQUENCES OF AN ACTION FOR JEWELRY?
When the court makes a judgment for the jewelry case, the judgment will be made depending on your demands in your petition. The first thing to do is to demand the return of the jewelery in kind, and if the jewelery is not available, the return of the jewelery should be requested by calculating its value. If the court comes to the conclusion that the jewelery of the plaintiff was seized by the defendant and should be returned; If the jewelery is in the hands of the defendant, it will be returned in kind, and if the jewelery in question is not available, a judgment will be established to pay the plaintiff the amount determined as a result of the calculation of the value of the gold on the date of the lawsuit with the gold expert.
IS THERE A STATUTE OF LIMITATIONS FOR JEWELRY LAWSUITS?
If the jewels requested by the jewelry lawsuit are in the possession of the defendant, that is, if the wedding jewelry is present at the time of the lawsuit, the lawsuit filed for the return in kind is called a “case of appropriation”. Filing a lawsuit for restitution in kind of the jewelry is not subject to any statute of limitations, the lawsuit can be filed at any time.
If the wedding jewelry is not present at the time of filing the lawsuit and the plaintiff demands the value of the jewelry because it is not possible to return it in kind, the time limit for filing a lawsuit is 10 years (Art. 146 of the TCO). This is because, while the demand for the return of the jewelry in kind is an action for recovery, which is not subject to the statute of limitations, the demand for the payment of the price is an action for compensation subject to the 10-year statute of limitations.
The 10-year statute of limitations starts from the finalization of the divorce case.
HOW LONG DOES A JEWELRY LAWSUIT LAST?
In jewelry cases, the duration may vary according to the intensity of the court and the scope of the file. The Ministry of Justice has set target periods in the judiciary. These periods are determined in accordance with the subject and nature of the case, and the Appeal and Supreme Court stages are not considered within this period. Considering the practical applications;
Petitions must be full and complete
Hearing of witnesses
Investigation procedures, such as the expert report, affect the duration of the case.
Looking at the general averages, it can be said that paternity cases are concluded between 9 months and 12 months on average.
However, the finalization of a case in the shortest time is directly related to the close follow-up of the case. A good file follow-up prevents unnecessary prolongation of the case.
WHO HAS THE BURDEN OF PROOF?