THE IMMATERIAL DAMAGES THAT CAN BE DEMANDED BECAUSE OF THE DIVORCEMENT IN TURKISH CIVIL LAW

Ayse Arat ()
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Ayse Arat: Faculty of Law, Selcuk University, Turkey

Perspectives of Law and Public Administration, 2017, vol. 6, issue 1, 7-13

Abstract: A certain number of consequences show up in terms of spouses and children along with the divorcement. The consequences that are related to spouses can be classified as personal and financial. Spouses, along with the divorcement, gain a new statue due to the marital breakdown. However, divorcement has financial results, too. Financial results, on one hand, aim to end financial relationship which arise during the marriage; at the same time regulate the demands of alimony and damages which show up with the divorcement and its compensation. Divorcement can cause pecuniary or non-pecuniary loss to the spouse who is disadvantaged. The Turkish Civil Code allows the spouses to claim damages if the disadvantaged spouse is flawed or defective (TMK. M. 174/II). Our study has focused on non -pecuniary damages and how to decide its circumstances; its amount and its manner have been evaluated. In addition, in the event of divorce due to adultery emerging from court decision, the possibility of seeking non– pecuniary compensation from the third person with whom the unfaithful spouse is in relation has been examined.

Keywords: compensation of non-pecuniary damages; divorcement; non –pecuniary compensation from the third person. (search for similar items in EconPapers)
JEL-codes: K15 K36 (search for similar items in EconPapers)
Date: 2017
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