Antalya Lawyer Ahmet Alkan Law Office was established in 2015 in Antalya Kepez by Lawyer Ahmet Alkan. Alkan Law Office provides legal consultancy, advocacy and mediation services to its clients in many legal processes, especially in Compensation Law. In the field of lawyers in Antalya, Alkan Law Office examines all aspects of a legal problem and finds the most correct solution. In order to achieve this, it provides legal consultancy and advocacy services by working with experts in the field, dealing with each problem within its own special knowledge and conditions.
What is Compensation in Turkish Law?
Compensation for damages caused by tortious acts or any other reason is examined in the field of Compensation Law. Compensation cases are divided into two as material and moral.
The subject of pecuniary and non-pecuniary compensation cases are breach of contract in the law of obligations, injury or death after work accident, injury or death as a result of traffic accidents, divorce case and the like. Compensation cases are important in many different legal areas. Lawyers who handle compensation cases are popularly known as compensation lawyers. If you are looking for an Antalya compensation lawyer, you can contact our expert staff by clicking here.
What is the Material and Moral Compensation Case?
In Compensation Law, in case of material and moral damage, material and moral compensation lawsuits are filed for the compensation of the damage.
Non-pecuniary damage cases are usually opened when a violation of the rights of the person occurs, and the sanction of this is compensation for the damage if the violation does not also involve a crime. Compensation for the damage caused in non-pecuniary damage cases is usually met with money. Non-pecuniary damage lawsuit is the elimination of the damage caused to the individual due to reasons such as stress, sadness, wear and tear as a result of unlawful actions or transactions.
The subject of pecuniary damages cases is generally violations of property. As a result of these violations, the person may experience a loss in the assets of his assets, his liabilities may increase or the increase in assets may be prevented. The sanction of the violation in the pecuniary compensation case is the compensation for the damage as in the moral compensation case. In the case of pecuniary damage, it may be decided to pay an amount of money or to transfer a property.
The reasons for the lawsuit for pecuniary damage are incapacity to work, loss of interest due to death, damages to property and disability. Since pecuniary damages are not commercial in nature, they are heard in the Civil Courts of First Instance in Turkey. Civil Courts of First Instance hear the case regardless of the compensation amount.
As Antalya Lawyer Ahmet Alkan Law Office, we are always ready to assist you legally, especially with our expert staff on compensation. You can be sure that we will provide you with the best legal support for compensation for damages to your property or personal property values. You can get more detailed information on all legal issues from our website by clicking here.
Types of Compensation Lawsuits in Turkish Law
In Turkish Law, the compensation case can be opened in two different ways as pecuniary damages and non-pecuniary damages. The cases for pecuniary and non-pecuniary damages are also separated for themselves:
- Severance pay lawsuits for workers.
- Litigation for pecuniary and non-pecuniary damages due to unjust detention.
- Litigation for pecuniary and non-pecuniary damages due to divorce.
- Compensation lawsuits that can be filed with occupational disease.
- Material and moral compensation lawsuits to be filed due to the damage that may occur after traffic accidents.
- Material and moral compensation lawsuits to be filed due to job security.
- Litigation for pecuniary and non-pecuniary damages resulting from the protection of personal rights.
- Compensation lawsuits for compensation of damages that may occur in the presence of a person due to incorrect doctor practice.
At these points, the important detail is whether the event subject to compensation occurred in a way that would result in compensation. You can contact Antalya Lawyer Ahmet Alkan Law Office to determine this.
Required Conditions to File a Case for Non-pecuniary Damage in Turkish Law
First of all, if you are not a Turkish citizen, you must first deposit some security in order to file a lawsuit in Turkish courts. The procedure after this deposit is deposited is largely the same as that of a Turkish citizen. As Antalya Lawyer Ahmet Alkan Law Office, we are ready to provide you with legal support on collateral.
In Turkish law, some conditions are sought in order to file a lawsuit for non-pecuniary damage. Compensation; It is the occurrence of a damage to the person’s property rights due to the tort or acts that the person has suffered and a request to be paid a certain amount of money for the compensation of this damage.
Turkish Code of Obligations, non-pecuniary damages 56-58. Arranged between articles. According to the Turkish Code of Obligations, the necessary conditions for claiming non-pecuniary damage are as follows:
- Damage to bodily integrity or
- To have suffered a serious bodily injury or
- The wrongful act causing death.
With the occurrence of all these reasons, it becomes possible to file a lawsuit for non-pecuniary damage. To summarize, if there is an attack on personal rights with a tortious act, non-pecuniary damages can be claimed with the occurrence of other conditions.
Antalya Lawyer Ahmet Alkan Law Office
Antalya Lawyer Ahmet Alkan Law Office was established in Antalya Kepez in 2015 by Lawyer Ahmet Alkan. Alkan Law Office does not compromise its clients’ sacred right of defense in all areas of law.
Antalya Lawyer Alkan Law Office provides not only legal services but also mediation services.