WHAT IS THE CASE FOR COMPENSATION ?
LET’S FIRST LOOK AT THE CONCEPT OF THE COMPENSATION CASE
In general, these are lawsuits filed for the purpose of compensating the damage caused by the tort and breach of contract for material and non-pecuniary damage. However, it can be opened not only based on this, but also based on many different legal grounds.
Material compensation Lawsuit : This is a type of lawsuit filed to eliminate the loss and loss of profit expected to be obtained in the assets of the damaged person due to illegal and contractual violation.
Spiritual compensation case: This is a case filed as a response to the element, grief , spiritual depression that people whose personality rights have been violated due to illegal actions and transactions and violation of the contract experience in their spiritual world.
The two cases are usually filed together. Compensation cases can be based on various reasons. Damages caused by divorce, damages suffered due to a traffic accident, dismissal, damages caused by a violation of the employment contract, as well as many other torts and contractual violations, such as the cause can be relied on.
Material damage is of two types: 1-Actual damage: refers to a decrease in assets
Deprived profit: refers to the proliferation that is considered to occur in the assets if there was no tort.
There may be a decrease in the assets of a person who has been harmed as a result of a tort, as well as an increase. In this case, the damage is found by offsetting the proliferation that occurs in the asset from the amount of damage. A person who has suffered damage due to tort and breach of contract, and if this person has died, lawsuits for material and moral compensation can be filed by his relatives. This case is filed against a natural or legal person who caused damage by deed or transaction. In addition to the one who directly committed the wrongful act in tort actions, there may be compensation responsibilities for other people within the scope of hazard liability.
For example , in road accidents, the driver of the vehicle, the operator, the owner and the insurance company can be sued together.
The period of filing a claim for material and moral compensation:
A large part of Compensation Cases are caused by tort. The statute of limitations of the case here is 2 years from the moment of learning of the verb and the perpetrator. If the perpetrator and the perpetrator are unknown, a 10-year long statute of limitations is provided. However, if the verb also constitutes a crime and the statute of limitations of the criminal case is longer, the criminal statute of limitations applies.
The statute of limitations for contractual compensation cases is 10 years.
These are general statute of limitations periods regulated by the code of Obligations, and different periods may be stipulated in special laws.
For example, in divorce cases, financial and moral compensation should be filed no later than 1 year from the date of finalization of the decision. In practice, it is usually filed together with a divorce lawsuit, which in our opinion is the right thing in terms of avoiding loss of rights.
When determining damages in compensation cases, an assessment should be made based on the characteristics of the specific event. The monetary amount to be paid to those who suffered loss in determining the dominant necessity of the situation, the defect of the parties and especially the weight of the economic status such as divorce and in some cases the properties of the event due to many reasons and decides the amount by evaluating with the form of payment.