WHAT IS A COMPENSATION CASE?
FIRST, LET’S LOOK AT THE CONCEPT OF THE COMPENSATION CASE
In general, they are the lawsuits filed by the perpetrator with the aim of compensating the material and moral damages suffered due to tortious act and breach of contract. However, it is not limited to this, it can be opened based on many different legal grounds.
Litigation for pecuniary damage: It is a type of lawsuit filed to compensate for the loss of property and the loss of profit that is expected to be obtained, due to unlawful and contractual breach.
Non-pecuniary damage lawsuit: It is a lawsuit filed in response to the pain, grief and mental breakdown experienced in the spiritual world of persons whose personal rights have been violated due to unlawful actions and transactions and breach of contract.
The two cases are usually filed together. Claims for damages can be based on a variety of reasons. It can be based on reasons such as damages caused by divorce, damages due to traffic accidents, dismissal, damages caused by breach of employment contract, and many other torts and breach of contract.
Material damage is of two types: 1- Actual damage: refers to the decrease in assets
Deprived profit: It refers to the increase that is thought to occur in the property if there were no torts.
There may be a decrease or an increase in the property of the person who is damaged as a result of the tortious act. In this case, the damage is found by deducting the increase in the property from the amount of damage. Lawsuits for pecuniary and non-pecuniary damages can be brought by the person who was harmed due to tortious act and breach of contract, and if this person is dead, by his relatives. This lawsuit is filed against the natural or legal person whose act or action caused the damage. In wrongful acts, besides the person who directly committed the wrongful act, other persons may have compensation responsibilities within the scope of the danger liability.
For example, in traffic accidents, a lawsuit can be filed against the insurance company together with the driver, operator and owner of the vehicle.
Time to file a lawsuit for pecuniary and non-pecuniary damages:
The vast majority of Compensation Lawsuits are caused by torts. Here, the statute of limitations is 2 years after the act and the perpetrator are learned. In the event that the act and the perpetrator are not known, a long statute of limitations of 10 years is foreseen. However, if the act also constitutes a crime and the statute of limitations for the criminal case is longer, the criminal statute of limitations applies.
The statute of limitations for contractual compensation cases is 10 years.
These are the general limitation periods regulated in the Code of Obligations, and different periods may be stipulated in special laws.
For example, in divorce cases, pecuniary and non-pecuniary damages must be filed within 1 year from the finalization of the decision at the latest. In practice, it is usually filed with the divorce case, which in our opinion is correct in terms of not causing loss of rights.
While determining the damage in compensation cases, an evaluation should be made according to the characteristics of the concrete case. While determining the monetary amount to be paid to the injured party, the judge decides on the amount and form of payment by evaluating the necessity of the situation, the gravity of the fault and, in some cases, especially the economic situation of the parties and many reasons arising from the characteristics of the event, in some cases such as the divorce case.
