It Is Accepted That The Woman Who Leaves The House Takes Her Jewellery With Her
2nd Civil Chamber
Principal Number: 2020/1780
Decision Number: 2020/2680
“Case Law Text”
COURT :Family Court
CASE TYPE : Jewellery Receivable
At the end of the trial of the case between the parties, the judgement given by the local court and dated and numbered above was appealed by the plaintiff woman, and the documents were read and discussed:
The lawsuit is a claim for jewellery and the plaintiff woman claimed that the jewellery subject to the lawsuit was taken away by the defendant, and the defendant husband defended that it was taken away by the woman. According to life experiences, the usual thing is that such items are on the woman’s person or kept and preserved at home. In other words, leaving them to the possession and protection of the defendant is incompatible with the usual situation. On the other hand, jewellery is one of the types of goods that can be easily stored, transported and taken away.
For this reason, it is always possible for the woman who intends to leave the house to take them with her beforehand and hide them, and it is also possible for her to take them with her when leaving the house. As a result of this, it should be accepted that the jewellery belongings are on the woman under normal conditions. The burden of proof to the contrary is on the plaintiff woman.
In the concrete case, the plaintiff woman heard witnesses to prove her claim. Sevilay Gündoğdu, one of the plaintiff witnesses, is a neighbour of the defendant and stated that the defendant … told her that they took the jewellery from the plaintiff. Accordingly, the statements of the plaintiff witness are not based on what she heard from the plaintiff, but on the statements of the defendant himself. In that case, considering that the plaintiff woman proved her claim, taking into account the expert reports within the scope of the file, it should be decided to accept the lawsuit in terms of the jewellery items requested and proven to exist, but it was not deemed correct to decide to reject the lawsuit in writing with a wrong evaluation, and the decision should be reversed.
CONCLUSION:
It has been unanimously decided that the appealed judgement shall be reversed for the reason shown above, the pre-appeal fee shall be returned to the depositor upon request, and the way of decision correction shall be open within 15 days from the notification of this decision.
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