In The Case Of Divorce, The Amount Of Compensation Accepted and The Unfairness Of The Amount Of Alimony Are The Reason For Decision Of Reversal
The marriage union established between divorce and the parties is terminated by a court decision and a number of consequences of the termination of the marriage union are brought to the agenda. Tangible and non-pecuniary damages and alimony are the financial results of divorce proceedings.
Financial compensation; A flawed or less flawed party whose current or expected interests are damaged by divorce may seek appropriate material compensation from the defective party.
Compensation; Because of the events that cause the divorce, the party whose right to the person’s right has been attacked may request the appropriate amount of money to be paid in the form of moral compensation.
Poverty Alimony; Divorce due to poverty in the side, the defect is not more severe, on the other hand for the sake of living in the form of financial force may request indefinitely in child support. The defect of the child supporter is not sought.
The right to a lawsuit arising from the termination of marriage due to divorce is subject to statute of expiry of one year after the finalization of the divorce clause.
After the divorce or divorce proceedings, the economic and social conditions of the parties, the degree of defect in the events leading to the divorce, the purchasing power of the parties, the attack on personality rights and the current and expected benefits should be considered. All these points should be evaluated together and the amount of compensation and the amount of alimony should be determined in a fair and legal manner.
T. C. Supreme Court 2. Legal Department E. 2016/16823 K. 2018/6020 T. 3.5.2018
ABSTRACT: The case is about divorce.
Considering the economic and social situation of the parties, the degree of defect in the events leading to the divorce, the purchasing power of the money, and the current and expected benefits that are violated with the attack on the rights of the individual, the material and non-pecuniary damage appreciated for the benefit of the claimant woman is low. In accordance with Article 4 of the Turkish Civil Code and the provisions of Article 50 and 51 of the Turkish Code of Obligations, a more appropriate amount of material and non-pecuniary damages is required and the provision facility is unreasonable without considering these aspects.
CASE: The judgment given by the local court at the end of the reasoning of the lawsuit between the parties, the above-mentioned date and number of the applicant, in terms of the amounts of alimony and compensation; the defendant males by defect determination in terms of alimony and compensation, the documents were read and considered as necessary:
DECISION: 1) According to the articles in the file, the evidence on which the decision is based, the reasons for the law and the fact that there is no error in the discretion of the evidence, the appeals of the defendant man, all of the applicant, outside the scope of the following sub-paragraph are unfounded.
2) Considering the economic and social situation of the parties, the degree of defect in the events leading to the divorce, the purchasing power of money, the amount of material and non-pecuniary damage appreciated for the benefit of the claimant female when the current and expected benefit is violated with the attack on personal rights. In accordance with Article 4 of the Turkish Civil Code and the provisions of Article 50 and 51 of the Turkish Code of Obligations, a more appropriate amount of material (TMK m. 174/1) and moral (TMK m. 174/2) shall be required. Regardless of these aspects, the facility was not considered correct.
CONCLUSION: Appealed provision for the reason shown in 2.bentis above, the other parts subject to appeal except for the above-mentioned appeal for the reason shown in paragraph 1 above, the following fee to be loaded to the defendant, the advance fee to the deduction of the application fee of 143.50 TL appeals to the application of the mortgage in place to take another fee. in the event that the appeal is requested in advance, the plaintiff will be returned to the plaintiff, the decision of the decision within 15 days of the decision to open the way of the decision was decided unanimously.03.05.2018