Mutual Defect
It means fault together. If the injured party is also at fault for the damage caused by a tortious act, this is considered as a reason for a reduction in compensation.
The party with less fault may request financial compensation from the party with more fault. The fact that he/she is at fault does not create a negative situation. However, in the amount of compensation to be determined, if there is a mutual (joint) fault, the compensation is reduced if the plaintiff’s spouse has a little fault.
The party whose personal rights are damaged due to the events that caused the divorce may request an appropriate amount of money to be paid by receiving moral compensation from the other party who is at fault. In order to receive moral compensation, the defendant must be at fault and the plaintiff must be flawless or less flawed. If there is a mutual fault, the judge takes this into consideration when determining the moral compensation and decides on less compensation. In moral compensation, a decision should be made by considering whether the personal rights of the plaintiff have been damaged.
However, there is no condition of severe damage to personality rights here. The person whose personality rights are damaged is paid moral compensation in money by the judge, but the judge may also award other things other than money for moral compensation for cases other than divorce cases, such as writing an apology letter, but moral compensation in divorce cases can only be paid in money. The judge awards an appropriate amount of non-pecuniary damages, he cannot award enough money to make the other person rich.
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