Material compensation in divorce according to Turkish law

Today, with the increase in population, various factors cause families to break up and break up accordingly. The importance of the concept of family necessitated countries to introduce different regulations in this regard. The purpose of these regulations is the protection of the family institution and important powers are given to the judge. In Turkish law, family law is regulated between articles 118 and 494 of the TMK numbered 4721. Thus, the family institution, which is of utmost importance, has been taken under protection. The instinct of human beings to live together and be together since the beginning of history has been a result of their needs such as cooperation, solidarity and security. The existence of healthy families is necessary for the formation of a healthy society. If the institution of family is not given importance, collapse will be inevitable in those societies. In the narrow sense, the family consists of husband and wife, and in the broad sense, besides the husband and wife, their children are also included. Of course, when we expand the concept of family even more, we can include husband, wife, children and their relatives as well. Contemporary societies have always given importance to the family and made the necessary arrangements in this regard. In the 41st article of the 1982 Constitution of the Republic of Türkiye; "Family is the foundation of Turkish society. The state takes the necessary measures to ensure the peace and welfare of the family, especially the protection of the mother and children, and the teaching and implementation of family planning; it establishes the organization," to ensure the strength of the state and the importance of the family in the formation of the society, and the State's responsibility for the family for this. specified. Again, in Article 16 of the Universal Declaration of Human Rights, it is stated that the family is the natural and basic unit of society and that it will be protected by society and the state. As a legal consequence of the dissolution of engagement or marriage, the parties may claim material and moral compensation from each other. In this study, we will touch on the issue of non-pecuniary damage in divorce law. Since the amount of damage cannot be determined exactly in cases of non- pecuniary damage, of course, in this case, the judge has been given discretionary power. Because it is impossible to clearly determine the existing moral damage, the judge will determine a value at his own discretion. Of course, for the moral compensation claim to be accepted, there must be a violation of personal rights and a damage. While some of the legal consequences of divorce are decided ex officio by the judge, some are decided only if there is a demand. The moral compensation requested as a result of the divorce, which is the subject of the study, will only be given upon the request of the plaintiff. When moral compensation is mentioned, moral damage comes to mind. In our study, we will try to explain what non-pecuniary damage is and in which cases it causes a claim for damages. There is no common denominator in terms of the definition of non-pecuniary damage, and different opinions arise. If we refer to the existing views on this subject, we can be stated as the view of satisfaction, punishment, compensation, prevention and deterrence, equalization. There are differences in terms of the purpose of giving pecuniary and non- pecuniary compensation. Moral compensation should be given in return for the attack on the mental health of the person. The purpose of giving moral compensation is to heal the mental trauma caused by the unjust attack of personal rights. In this context, the legal nature of the non-pecuniary damage due to the reason for divorce, its characteristics, the conditions under which it can be claimed, how the amount is determined and procedural information are included in our study, what is the right of personality is mentioned, and the subject is examined in detail by referring to the decisions of the Supreme Court.