Master'sOpen Access

Compensation in divorce proceeding and restitution of jewelry

2025
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Advisor: Doç. Dr. Yasemin Güllüoğlu

Abstract (EN)

The institution of divorce is a significant phenomenon that directly affects not only the personal lives of the spouses but also the family structure, the future of children, and the stability of social order. The fact that the Turkish Civil Code regulates not only the termination of the marital union but also the financial and personal consequences arising between the parties in detail clearly reveals the social dimension and importance of this institution. Among the most frequent legal disputes arising between the parties after divorce are claims for pecuniary and non-pecuniary compensation and the restitution of jewelry. In this study, the conditions for claiming pecuniary and non-pecuniary compensation due to divorce, the criteria considered in determining the amount of compensation, and the methods of payment are examined in detail. Regarding the restitution of jewelry, the legal nature of jewelry is explained, and based on this nature, the types of claims that may be filed, their conditions, and the competent and authorized courts are analyzed. The aim of this study is to systematically examine the issues of pecuniary and non-pecuniary compensation and the restitution of jewelry, which hold an important place among the financial consequences of divorce, in light of the provisions of the Turkish Civil Code, doctrinal opinions, and decisions of the Court of Cassation (Yargıtay). The study comprehensively evaluates the principles governing the determination of financial obligations arising between the parties following divorce, the legal nature of compensation, and the judicial practice concerning the restitution of jewelry.

Author

Yaren Astan

How to Cite

Yaren Astan (Master Thesis). Compensation in divorce proceeding and restitution of jewelry, 2025, Ankara Social Science University.

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