WHAT IS A COMPENSATION CLAIM ?
LET’S FIRST LOOK AT THE CONCEPT OF THE COMPENSATION CASE
In general, these are lawsuits filed for the purpose of compensation of material and moral damages suffered due to tort and breach of contract by the person who caused the damage. However, it can be opened not limited to this, but based on many different legal grounds.
Material compensation Claim: This is a type of lawsuit filed for the purpose of eliminating the loss of profit that is hoped to be obtained and the reduction in the assets of the person who has suffered damage due to violation of the law and contrary to the contract.
A lawsuit for moral compensation: This is a lawsuit filed in response to the stress, grief, spiritual depression that people whose personal rights have been violated due to illegal actions and transactions and violation of the contract experience in their spiritual world.
Two lawsuits are usually filed together. Compensation cases can be based on various reasons. Damages arising from a divorce, damages caused by a traffic accident, dismissal, damages caused by a violation of the employment contract, as well as many other torts and contractual violations can be based on such reasons.
Material damage is of two types: 1- Actual damage: refers to a decrease in its assets
Deprived profit: Refers to the reproduction that is thought to occur in the asset if it were not for the wrongful act.
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 loss is found by deducting the multiplication that occurs in the asset from the amount of damage. Material and non-pecuniary compensation lawsuits can be filed by the person who has been harmed due to tort and breach of contract, and his relatives if this person has died. This case is filed against a natural or legal person who caused damage by an act or its operation. In addition to the one who commits the wrongful act directly in tort acts, there may be compensation responsibilities for other persons within the scope of hazard liability.
For example, in traffic accidents, a lawsuit may be filed together with the driver, operator, owner of the vehicle together with the insurance company.
The period for filing a claim for material and non-pecuniary damages:
A large part of compensation Cases are caused by tort. The statute of limitations for a case here is 2 years from the moment the verb and the perpetrator are found out. In the event that the perpetrator and perpetrator are unknown, a long statute of limitations of 10 years is stipulated. But if the act also constitutes a crime, and the statute of limitations for the criminal case is longer, then the criminal statute of limitations applies.
The statute of limitations for contractual compensation cases is 10 years.
These are the general statute of limitations set out in the code of Obligations, and different periods may be prescribed in special laws.
For example, material and moral compensation in divorce cases 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 case, which, in our opinion, is the right thing in terms of ensuring that rights losses do not occur.
When determining damages in compensation cases, an assessment should be made according to the characteristics of the concrete event. In determining the monetary amount to be paid to the person who has suffered damage, the judge decides the amount and payment method by evaluating the necessity of the situation, the gravity of the defect and the economic situation of the parties in some cases, especially in divorce cases, and many reasons arising from the characteristics of the event together.