Comparative analysis of compensation for loss of support in Turkish law and Northern Cyprus law
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Abstract (EN)
After the death of the person, the claims of compensation from the person who caused the damage come to the agenda of the people who actually supported the person while he was alive, or who would most likely support him in the future if he had not died. The terms of this pecuniary compensation, which is called compensation for loss of support, and who can claim it, vary according to the legal system of each country. The legal system, legal legislation and judicial organization of the island of Cyprus, which was under the rule of the British for many years, were also under the influence of English Law. For this reason, the effects of the Anglo-Saxon legal system still continue on the island. Compensation for loss of support was regulated in the Tort Acts Act (HFY), which came into force in the British period, therefore, the principle accepted in English Law was adopted exactly. For this reason, those who were deprived of support were counted as limited by the legislator. In Turkish Law, the Turkish Code of Obligations No. 6098 was quoted from Switzerland. For this reason, as in Swiss Law, compensation for loss of support is based on the actual relationship between the supporter and the supportee. In TRNC and Turkish Law, the rule is to compensate direct damages. However, in both legal orders, the legislator brought an exception with the provisions of HFY m. 58 and TBK m. 53/I-b.3, allowing third parties to be compensated within the scope of compensation for lack of support. Keywords: Support, Loss of Support, Reflected Damage, Compensation, Material Damage
Author
Eda Gülsüm Karasaç
How to Cite
Eda Gülsüm Karasaç (Doctorate thesis). Comparative analysis of compensation for loss of support in Turkish law and Northern Cyprus law, 2023, Ankara University.
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