Together it means fault. If the injured party has a fault in the damage caused by a tortious act, this compensation is considered as a reason for reduction.
The less faulty party may seek monetary compensation from the more faulty party. Being imperfect does not create a negative situation. However, while the judge evaluates the amount of compensation to be determined, if there is a joint fault, the compensation will be reduced if the plaintiff’s spouse has a slight fault.
The party whose personality rights are damaged due to the events leading to the divorce may request the payment of an appropriate amount of money by receiving moral compensation from the other defective party. In order to receive moral compensation, the defendant must be at fault, and the plaintiff must be faultless or less faulty. If there is a mutual fault, the judge takes this into account and decides on less compensation when determining non-pecuniary damage. In moral compensation, it should be decided whether the personal rights of the plaintiff are damaged or not. However, there is no condition for severe damage to personal rights here. Non-pecuniary damages are paid by the judge to the person whose personal rights are damaged, but the judge can also order non-pecuniary damages for cases other than the divorce case, for example writing an apology letter, but the moral compensation in divorce cases can only be paid in money. The judge decides on the appropriate amount of non-pecuniary damages, but cannot decide on the amount of money to make the other person rich.
