Moral damages, also referred to as non-pecuniary damages, aim to address harm caused to an individual’s personal rights and emotional well-being, rather than financial losses. In the Turkish legal system, this concept is rooted in civil law and regulated primarily under the Turkish Civil Code (TCC) and the Turkish Code of Obligations (TCO). This article explores the legal standards governing compensation for moral damages in Turkiye, examining its application, evaluation criteria, and common legal scenarios.
1. Description of Moral Damages in Turkish Civil Law
Moral damages arise from an infringement on personal rights, such as harm to reputation, emotional distress, or physical suffering. Unlike pecuniary damages, which aim to restore the financial state of the injured party, moral damages seek to provide solace and moral satisfaction to the aggrieved individual.
1.1. Types of Moral Damages
The types of moral damages that may be compensated in Turkiye include:
Emotional distress: This refers to the negative emotional impact suffered by an individual as a result of a wrongful act, such as anxiety, fear, or humiliation.
Mental anguish: This encompasses more severe forms of emotional distress, such as post-traumatic stress disorder or clinical depression.
Loss of reputation: This refers to damage to an individual’s reputation or social standing caused by a wrongful act, such as defamation or libel.
Physical pain and suffering: While primarily associated with personal injury cases, physical pain and suffering can also be considered a form of moral damage.
1.2. Legal Basis
The Turkish legal system provides the foundation for moral damages. Within this framework:
Compensation for moral damages related to physical damages:
TCO Article 56: In the event of injury to the physical integrity of a person, the judge may, taking into account the circumstances of the case, order the payment of an appropriate amount of money to the injured person as non-pecuniary damages.
In case of serious bodily harm or death, an appropriate amount of money may also be awarded as non-pecuniary damages to the relatives of the injured person or the deceased.
Compensation for moral damages related to violation of the right of personality:
TCO Article 58: The person who has suffered an injury to his/her right of personality may claim a sum of money as compensation for the moral damage he/she has suffered.
Instead of the payment of this compensation, the judge may decide on other forms of relief or add it to this compensation; in particular, he may issue a decision condemning the attack and order the publication of this decision.
The laws mainly establish the following principles:
Infringement of Personal Rights: Compensation may be sought if an individual’s personal rights have been unlawfully violated.
Fault Requirement: The party causing harm must generally act with intent or negligence, except in strict liability cases.
Purpose of Compensation: The primary aim is to provide moral satisfaction and mitigate emotional distress, not to impose punitive measures.
2. Key Elements for Awarding Moral Damages
Courts in Turkiye consider specific criteria before awarding moral damages. These include:
Unlawful Infringement: The aggrieved party must demonstrate that their personal rights have been unlawfully infringed. Personal rights encompass physical integrity, dignity, reputation, honor, and privacy.
Causation: There must be a direct causal link between the defendant’s actions and the moral harm suffered by the claimant.
Severity of the Harm: Courts evaluate the intensity and duration of the harm suffered. Factors such as the extent of emotional distress, the loss of personal dignity, and the long-term impact on the claimant’s life are critical.
Fault of the Defendant: In most cases, moral damages require the defendant to have acted intentionally or negligently. Exceptions include strict liability cases, where fault is irrelevant.
3. Types of Cases Involving Moral Damages
Moral damage can arise in many different situations and compensation cases can be brought for very different concepts. However, we can cite some examples of non-pecuniary damage cases that we frequently encounter in practice, in order to provide reference points:
Defamation: Cases of defamation often involve damage to an individual’s reputation through false statements, slander, or libel. Compensation is awarded to restore the victim’s dignity and counteract reputational harm.
Violation of Privacy: Unlawful disclosure of private information, unauthorized publication of photographs, or surveillance activities may lead to moral damages claims. Courts assess the sensitivity of the disclosed information and the resulting harm to the individual’s private life.
Workplace Harassment and Discrimination: In employment relationships, moral damages may be awarded in cases of workplace harassment, bullying, or discriminatory practices. The Turkish Labor Law supports such claims, emphasizing employee dignity.
Accidents and Medical Malpractice: Victims of physical injuries resulting from traffic accidents or medical negligence may claim moral damages in addition to pecuniary compensation. These damages address emotional suffering and loss of enjoyment of life.
Family Law Disputes: Moral damages claims are common in family disputes, including cases involving abandonment, defamation during divorce proceedings, or emotional harm caused by breaches of familial obligations.
4. Evaluation of Moral Damages in Turkiye
4.1. Judicial Discretion
In Turkiye, the amount of moral damages is determined at the discretion of the judge. Courts consider factors such as the nature of the harm, the socio-economic status of the parties, and societal values. Within this framework, the courts consider the factors including:
- Characteristics of the concrete situation,
- The financial situation of the parties,
- The gravity of the parties’ fault in the incident,
- The magnitude of the moral damage caused,
- The purchasing power of money as of the date of the incident.
Also is shall be emphasized that the amount to be determined as moral damages should not impoverish the indemnitor and should not enrich the indemnitee.
4.2. Role of Precedents
Although Turkiye follows a civil law system, judicial precedents provide guidance for consistency in awarding moral damages. Courts may refer to prior judgments to establish benchmarks for compensation amounts.
4.3. Proportionality Principle
The awarded compensation must be proportionate to the harm suffered. Excessive or symbolic amounts that do not align with the harm’s severity are typically avoided.
5. Procedural Aspects of Moral Damages Claims
5.1. Burden of Proof
The burden of proof lies with the claimant, who must establish the occurrence of moral harm, causation, and the defendant’s fault (where applicable).
5.2. Statute of Limitations
Claims for moral damages are subject to time limitations under Turkish law. For tort claims, the statute of limitations is generally two years from the date the claimant becomes aware of the harm and the liable party, with an absolute limitation of ten years. The statute of limitations varies according to the type of event.
5.3. Intersection with Criminal Law
In cases involving criminal acts, such as defamation or assault, civil claims for moral damages may be pursued alongside criminal proceedings. The criminal court’s findings may influence the civil court’s decision.
6. Questions & Answers
6.1. Does the Result of the Penal Case Affect Moral Damage Claims?
In Turkish law, the existence of a penal case related to the matter may significantly influence a claim for moral damages, but the relationship between the two proceedings is nuanced. While penal cases and civil cases for moral damages are independent, the criminal court’s findings can have a substantial impact on the civil case. If the penal court convicts the defendant, its ruling on the unlawfulness of the act and the defendant’s fault (intent or negligence) is generally binding for the civil court. This means the civil court is required to accept the penal court’s determination regarding the factual basis of the act.
6.2. If an Acquittal is Decided in a Criminal Case, Can Moral Compensation Still be Claimed?
An acquittal in a penal case does not automatically negate the possibility of a moral damages claim, as the standards of proof and objectives differ between criminal and civil law. The claimant may still pursue moral damages by demonstrating that the act caused harm to their personal rights, even if it did not constitute a criminal offense. Therefore, while a penal case can significantly shape the moral damages case, its outcome is not an absolute determinant.
An acquittal in a criminal case does not necessarily preclude a moral damages claim against the accused party in Turkish law. Criminal and civil proceedings operate under different standards of proof and objectives. While a criminal court requires proof “beyond a reasonable doubt” to convict, a civil court considers whether the claimant has established their case on the “balance of probabilities.” Thus, even if the accused party is found not guilty in a criminal trial due to insufficient evidence to meet the higher standard, the civil court may still find sufficient grounds to award moral damages. This is because the primary focus of the civil court is on whether the claimant’s personal rights were violated and whether the alleged act caused harm. Therefore, a criminal acquittal does not absolve the accused party from potential civil liability for moral damages.
Moreover, especially in cases of defamation, criminal courts may refrain from imposing penalties on the grounds of “freedom of expression”. The criminalization of expressions may in some cases restrict freedom of expression and freedom of the press. However, even if the statements are not criminalized, non-pecuniary damages may be awarded in favor of persons whose personal rights are violated by such statements. As a matter of fact, the European Court of Human Rights has ruled in many of its judgments that it would be more reasonable to compensate people morally for their words, rather than punishing them with penalties such as imprisonment.
Therefore, even if there is an acquittal verdict, it is possible to claim non-pecuniary damages.
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