Non pecuniary damages in divorce law
2021
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Advisor: Dr. Öğr. Üyesi Kemal Atasoy
Abstract (EN)
The family is one of the social institutions most affected by the modern lifestyle and developing technology. Today, views on the establishment, continuation and termination of the family have become quite different than in the past. Divorce statistics in our country and in the world also prove this situation. Divorce changes the status of the parties and leads to many financial consequences. One of these financial consequences is non-pecuniary damage. For this reason, in this study, the issue of non-pecuniary compensation in divorce is discussed. In the study, the concept of non-pecuniary damage, the legal nature and general conditions of non-pecuniary damage in divorce, the concept of personal rights, the attack on personal rights, the damage caused by the attack and the fault of the defendant spouse were examined. Then, the concept of non-pecuniary damage and the conditions of awarding this compensation according to the specific and general reasons for divorce were examined. In addition, in the study, fundamental and procedural issues such as the determination of the amount of non-pecuniary damage, the payment of this compensation, the type of non-pecuniary damage lawsuit, the parties, the court in charge were examined. In addition, the transfer of non-pecuniary damages to heirs, seizure and statute of limitations are also included, and all these issues are discussed in detail within the framework of doctrinal views and current Cassation Court decisions.
Author
Dr. Zeynep Erten Sarı
How to Cite
Zeynep Erten Sarı (Master Thesis). Non pecuniary damages in divorce law, 2021, Çağ University.
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