The Fact That the Amount of Compensation And Alimony Appreciated In The Divorce Case Is Unfair Is the Reason For The Deterioration

The marriage union established between the parties by divorce is terminated by a court Decisionand a number of consequences of the termination of the marriage union come to the agenda. Material and moral compensation and alimony are among the financial consequences of the divorce case.

Financial Compensation; The perfect or less imperfect party, whose current or expected interests have been damaged by the divorce, may request appropriate financial compensation from the defective party.

Moral Compensation; The party whose personal right is attacked due to the events that led to the divorce may request that the appropriate amount of money be paid as moral compensation from the other party who is at fault.

Poverty Alimony; The party who will fall into poverty due to divorce may request alimony indefinitely at the rate of its financial strength from the other side for its livelihood, provided that the defect is not more severe. The fault of the alimony obligee is not sought.

The litigation rights arising from the termination of the marriage due to divorce (material and moral compensation, alimony for poverty) expire one year after the finalization of the divorce provision.

Her divorce, and alimony after divorce or also requested compensation claims of the parties in determining the amount of tangible and intangible economic and social conditions, and the event that led to the divorce, the parties of the defect degrees, the purchasing power of money, the attack on individual rights, and the laws of the current and the expected benefits should be taken into account. All these issues mentioned should be evaluated together and the amounts of fair and lawful compensation and alimony should be determined.

Sample Supreme Court Decision on the subject;

T.C. SUPREME COURT 2. LEGAL DEPARTMENT E. 2016/16823 K. T. 2018/6020 3.5.2018

SUMMARY: The case is related to the request for divorce.

Considering the identified economic and social situations of the parties, the degree of defect in the events leading to divorce, the purchasing power of money, the existing and expected benefits violated by the attack on personal rights, the material and moral compensation appreciated for the benefit of the plaintiff woman is small. 4 Of the Turkish Civil Code. the principle of equity in Article 50 and 51 of the Turkish Code of Obligations. taking into account the provision of the article, a more appropriate amount of material and moral compensation is required to be assessed, and the provision facility is inappropriate without observing these aspects.

LAWSUIT: The judgment given by the local court at the end of the trial between the parties, the date and number of which are shown above, was appealed by the plaintiff woman in terms of the amounts of alimony and compensation; by the defendant man, the determination of the defect in terms of alimony and compensation, the documents were read and Decisively discussed and considered:

DECISION: 1- ) According to the articles in the file, the evidence on which the decision is based and the reasons in accordance with the law, and especially the fact that there is no error in the evaluation of the evidence, all the appeals of the defendant man and the plaintiff woman, which are outside the scope of the following paragraph, are groundless.

2- ) Considering the identified economic and social situations of the parties, the degree of defect in the events leading to divorce, the purchasing power of money, the current and expected benefits violated by the attack on personal rights, the material and moral compensation appreciated for the benefit of the plaintiff woman is small. 4 Of the Turkish Civil Code. the principle of equity in Article 50 and 51 of the Turkish Code of Obligations. taking into account the provision of the article, a more appropriate amount of material ( TMK m. 174/1 ) and spiritual ( TMK m. 174/2 ) compensation discretion is required. The provision facility was not found correct without observing these aspects.

CONCLUSION: The above 2 of the appealed judgment.for the reason shown in the subparagraph, the other sections subject to the appeal, which are outside the scope of the violation, are listed above 1. for the reason that was shown in paragraphs approved the following fees to the defendant yukletilm advance to the deduction of other fees received in advance whether the receiving application fee appeals 143.50 TL mortar, the mortar in advance of the appeal, if desired, to return the deposit to the plaintiff, within 15 days of receipt of this decision, to open the way for the correction of the decision, it was decided unanimously.03.05.2018

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