WHAT IS A COMPENSATION ?
FIRST, LET’S LOOK AT THE CONCEPT OF A COMPENSATION CASE
In general, these are lawsuits filed for compensation of material and moral damages incurred due to tort and breach of contract by the aggressor. But it can be opened on the basis of many different legal grounds, not limited to this.
A case for financial compensation : a type of case filed in order to eliminate the loss of profits that occur in the assets of the person who has suffered losses due to unlawful and contractual violation and is expected to be obtained.
A case for moral compensation: it is a case filed in response to the suffering, grief , moral depression experienced in the moral world of people whose personal rights have been violated due to illegal actions and actions and contravention of the contract.
The two cases are usually filed together. Compensation cases can be based on a variety of reasons. Damages caused by divorce, damages caused by a traffic accident, dismissal, damages caused by a violation of the employment contract, such as many other tort and contract violations can be based on reasons.
Material loss has two types: 1-actual loss: refers to a decrease in assets
Deprived profit: refers to the multiplication that is thought to occur in assets if it were not a tort.
As a result of the tort, there may be a decrease in the assets of the person who is damaged, as well as an increase. In this case, damage is found by deducting the multiplication occurring in the asset from the amount of damage. Cases for material and moral compensation may be filed by a person who has suffered damage due to tort and breach of contract, and if this person has died, their relatives. This case is filed against a natural or legal person who has caused damage by an act or transaction. In torts, the person who has committed a direct unfair action may have compensation responsibilities for other persons within the scope of liability for danger.
For example , in traffic accidents, the driver, operator, owner of the car can be sued together against the insurance company.
Period of filing a claim for material and moral compensation:
A large proportion of compensation cases are caused by unfair facts. Here, the statute of limitations of the case is 2 years from the learning of the verb and the perpetrator. If the verb and the perpetrator are not known, a long 10-year statute of limitations is provided. But if the Act also constitutes a crime, and the statute of limitations for the criminal case is longer, the statute of limitations is applied.
The statute of limitations in contractual compensation cases is 10 years.
These are general statute of limitations issued in the Code of Obligations, and different periods may be stipulated in special laws.
For example, in divorce cases, material and moral compensation must be filed no later than 1 year from the conclusion of the decision. In practice, it is usually filed together with divorce proceedings, which in our opinion is the right thing to do in terms of not causing loss of rights.
An assessment must be made according to the characteristics of the specific event when determining damage in compensation cases. The judge determines the amount and method of payment by assessing the need for the situation, the weight of the defect and, in particular, the economic situation of the parties in some cases, such as divorce proceedings, as well as many reasons arising from the characteristics of the event.