Law of Damages

The Law of Damages is a discipline of private law that aims to compensate for pecuniary or non-pecuniary damages arising from unlawful acts such as tortious acts, breach of contract, or unjust enrichment, by recovering losses from the wrongdoer based on fault and causation. It is designed to protect an individual's personality rights, property, and legal security, and is applied by judicial authorities within the framework of principles of equity, proportionality, and the rule of law.

The Law of Damages is a crucial discipline within private law, focusing on the compensation of losses suffered by an injured party. This field not only safeguards the private interests of individuals but also ensures the integrity of the legal order. Accordingly, the institution of compensation for damages in our legal system is primarily based on concepts such as tortious acts, breach of contract, and unjust enrichment.

The fundamental element of the Law of Damages is the concept of 'damage' or 'loss'. When a diminution in a person's property or personality rights arises from an unlawful and culpable act, the injured party may claim damages. Naturally, damage and causation are indispensable in this process. The pecuniary or non-pecuniary nature of the damage determines the type of compensation that can be claimed.

Claims for damages, sought for the purpose of redressing losses, are categorized as either pecuniary or non-pecuniary damages. Pecuniary damages are calculated based on economic values such as medical expenses, loss of earning capacity, and loss of profit. Conversely, non-pecuniary damages are more abstract and arise in cases of infringement of personality rights. For instance, an individual whose bodily integrity is harmed in a traffic accident may claim both pecuniary and non-pecuniary damages.

A pertinent question here is: Does every loss give rise to a claim for damages? The legal system provides a clear answer: No. Not every loss entails liability for damages; the loss must stem from an unlawful and culpable act. In a legal context, if these conditions are not met, the injured party cannot claim damages.

In our legal system, judges have broad discretion in determining the amount of damages. The judge, considering the manner in which the damage occurred, the degree of the wrongdoer's fault, and the social and economic status of the parties, awards damages in accordance with equity. These judgments are subject to appeal, particularly before the Civil Chambers of the Regional Courts of Appeal, thereby contributing to the development of case law.

Decisions of the Constitutional Court also hold that the right to compensation is closely linked to the right to a fair trial and the right to property. Non-pecuniary damages awarded in cases of infringement of property rights not only redress the victim's suffering but also hold significant importance for the establishment of the rule of law. This position has also been highlighted in the jurisprudence of the European Court of Human Rights and is considered within the scope of the state's positive obligations.

The established principle frequently reiterated in the jurisprudence of the Court of Cassation is that the amount of damages must be proportionate to the loss suffered by the injured party; neither excessive nor insufficient. In this regard, damages are assessed by examining the principles of equity and reasonableness. Decisions of the High Court particularly emphasize that non-pecuniary damages carry a symbolic meaning, prioritizing the protection of personal values.

The scope of application of the Law of Damages is broad. Claims for damages arise in many areas such as occupational accidents, traffic accidents, medical malpractice, defamation, and unlawful detention and arrest. In this context, a detailed assessment of the damage and the wrongdoer's circumstances is required. Otherwise, achieving a just outcome is inconceivable. For instance, in an occupational accident where the employer fails to take necessary precautions, the degree of fault is found to be high, and the scope of damages increases. However, in situations where the damage is solely attributable to the employee's gross negligence, the employer's liability is reduced or entirely eliminated. At this point, the concept of causation is fundamental in establishing a direct link between the damage and the act.

In claims for damages arising from breach of contract, the damage must have occurred as a result of the non-performance or improper performance of the obligation. Here, too, the injured party has a duty to mitigate damages. Otherwise, the wrongdoer's liability is limited. When determining the amount of damages, the specific circumstances of the case are taken into account, in accordance with the judge's assessment.

Another important point is: Is there a specific criterion for calculating non-pecuniary damages? The answer lies in the principles of proportionality and appropriateness, shaped by case law. Although specific figures are used for pecuniary damages, the judge has broad discretion in non-pecuniary damages. This discretionary power is also recognized in the decisions of the European Court of Human Rights, but it becomes subject to criticism if exercised excessively.

Within the scope of Turkish Law of Obligations, the institution of tortious liability is one of the fundamental building blocks of the Law of Damages. In the case of a tortious act, fault, damage, and causation must all be present simultaneously. The absence of any one of these elements precludes liability for damages. This tripartite structure forms the main backbone of the Law of Damages.

The statute of limitations is also a significant issue in the Law of Damages. Claims arising from tortious acts generally must be brought within two years. However, if the damage and the wrongdoer are discovered later, this period recommences. Statute of limitations provisions must be meticulously applied to ensure legal certainty.

Regional Courts of Appeal review the decisions of first instance courts, conducting both factual and legal scrutiny. At this stage, while the legality of the decisions is reviewed, it is also assessed whether there is any contravention of the norms of the European Convention on Human Rights. In this respect, the secondary judicial mechanism acts as a filter, ensuring the functionality of the rule of law.

When an injured party files a claim for damages, the burden of proof generally rests with the plaintiff. In this context, the damage, the causal link between the damage and the act, and the wrongdoer's fault must be proven by the plaintiff. Conversely, if the burden of proof is not met, the court will dismiss the claim. Therefore, the evidence collection process is of great importance in the Law of Damages.

The judgment rendered at the end of the trial is significant not only for the parties involved but also for the formation of case law. For these decisions serve as guidance in similar disputes. Accordingly, decisions rendered in the Law of Damages not only resolve the specific case but also ensure the continuity of the general legal order.

The Law of Damages is a discipline that aims not only to redress losses but also to ensure social peace. Especially in compensation disputes that touch upon criminal law, the proper conduct of the process is of great importance. In such situations, seeking legal assistance is not merely due to a need for technical knowledge; it is also essential for the injured party to manage the process correctly, effectively assert their rights, and prevent potential grievances. Indirectly, the need for qualified legal guidance in this context is an undeniable truth.

In the context of the Law of Damages, our firm provides the following legal services:

Initiation and conclusion of pecuniary damage lawsuits arising from the infringement of personality rights of natural persons and legal entities (limited liability companies, joint-stock companies, associations, foundations, and institutions): The material infringement of personality rights often leads to economic losses; this situation gives rise to liability for damages under the provisions of tort law in private law. For instance, false statements damaging a business's commercial reputation can lead to loss of sales or customers. In such pecuniary damage lawsuits filed through a law firm, establishing a causal link between the damage and the act is imperative. Decisions of the Regional Courts of Appeal and the Court of Cassation have stipulated that such damages must be calculated in detail to determine the amount of compensation. In the jurisprudence of the Constitutional Court and the European Court of Human Rights, the protection of property rights and personality rights is considered inseparable.

Initiation and conclusion of non-pecuniary damage lawsuits arising from the infringement of personality rights of natural persons and legal entities (limited liability companies, joint-stock companies, associations, foundations, and institutions): Non-pecuniary damage lawsuits primarily arise from attacks on the abstract dimension of personal values. If the honor, dignity, and reputation of natural or legal persons are damaged by negative public perception, the legal system provides for non-pecuniary damages to redress this harm. Judges assess the existence of non-pecuniary damages not necessarily through concrete evidence, but by considering the nature of the incident. Decisions of the Constitutional Court emphasize that the redress of non-pecuniary damages is based on the delicate balance established between freedom of expression and personality rights, while the European Court of Human Rights reminds states of their positive obligation in case of an infringement of this balance.

Initiation and conclusion of criminal lawsuits arising from the infringement of personality rights of natural persons and legal entities (limited liability companies, joint-stock companies, associations, and foundations):
Attacks on personality rights are considered not only within the scope of private law but also within the framework of criminal law. Acts such as insult, defamation, and violation of privacy constitute crimes under Turkish Criminal Legislation. Criminal lawsuits filed in such cases serve not only a punitive function but also aim to establish the infringement. The examination of criminal cases often sheds light on damage lawsuits. Jurisprudence of the Regional Courts of Appeal has stated that criminal court decisions can be used as evidence in civil court proceedings, and the Constitutional Court, in individual application decisions, has imposed sanctions when effective judicial remedies were not provided.

Initiation and conclusion of pecuniary damage lawsuits arising from the infringement of bodily integrity: Economic losses incurred due to the infringement of bodily integrity, such as medical expenses, temporary or permanent incapacity to work, and loss of support, are calculated and included within the scope of pecuniary damages. Such lawsuits typically arise from traffic accidents, occupational accidents, or medical interventions. If the injured party proves their damage, the amount of compensation is determined by the judge in accordance with their discretion. The jurisprudence of the Court of Cassation has extensively evaluated the scope of compensation to be paid to individuals whose bodily integrity is harmed as a result of medical error; the European Court of Human Rights, in turn, has considered the inviolability of physical integrity as a fundamental human right.

Initiation and conclusion of non-pecuniary damage lawsuits arising from the infringement of bodily integrity: Damages to a person's physical existence can result not only in economic but also psychological effects. In such cases, a non-pecuniary damage lawsuit is filed due to the infringement of bodily integrity, aiming to at least partially alleviate the victim's pain and suffering. In assessing non-pecuniary damages, the judge considers criteria such as the manner in which the incident occurred, permanent effects, and the social status of the parties. Decisions of the High Court show that high non-pecuniary damages are awarded, especially in cases of permanent disability and loss of vital functions. The jurisprudence of the European Court of Human Rights has also mandated that the state must provide effective remedies in cases of infringement of human dignity.

Initiation and conclusion of criminal lawsuits arising from the infringement of bodily integrity: Acts such as intentional injury, negligent injury, or torture are among the crimes that infringe bodily integrity and necessitate the initiation of criminal proceedings. Attributing criminal liability for such acts ensures the legal security not only of the victim but also of society. Criminal court decisions rendered by judgment often serve as a basis for claims for damages. The Constitutional Court has ruled on violations within the scope of the right to life in injury cases where effective investigations were not conducted, and the European Court of Human Rights has repeatedly emphasized that severe physical interventions constitute a violation of the prohibition of torture.

Initiation and conclusion of pecuniary and non-pecuniary damage lawsuits based on tortious acts: A tortious act arises when damage is caused to another through an unlawful and culpable conduct, giving rise to both pecuniary and non-pecuniary damage claims under Turkish Law of Obligations. If the injured party proves their damage, they may file a lawsuit against the wrongdoer to claim compensation. The Court of Cassation has attached particular importance to the existence of a causal link in such cases, while the Constitutional Court has evaluated the failure to provide effective judicial protection within the context of the right to a fair trial. Accordingly, tort-based damage lawsuits hold an exceptional place in our legal system for the establishment of justice.

Initiation and conclusion of pecuniary and non-pecuniary damage lawsuits based on unjust enrichment: Unjust enrichment occurs when one person's assets increase without a valid legal cause, while another's assets diminish. In such a case, the enriched party is obliged to return what they have acquired. Naturally, this restitution often takes the form of pecuniary damages; however, in some cases, non-pecuniary damages may also be involved. The jurisprudence of the Court of Cassation has extensively addressed the consequences of unjust enrichment, while the Constitutional Court has considered the failure to provide effective remedies in such situations as an infringement of the right to property.

Initiation and conclusion of damage lawsuits due to unlawful arrest and detention: In cases where an individual's liberty is unlawfully restricted during criminal proceedings, it is possible to claim damages to redress the harm caused by such intervention. In lawsuits filed due to unlawful arrest or detention, the nature of the damage is particularly evaluated in terms of the right to liberty and security. While judgments aim to compensate individuals for their pecuniary and non-pecuniary damages, such situations have been considered within the scope of 'personal liberty and security' in Constitutional Court decisions. The jurisprudence of the European Court of Human Rights has also repeatedly deemed it mandatory to provide effective remedies against unlawful arrest and to ensure compensation.

Initiation and conclusion of pecuniary damage lawsuits arising from traffic accidents: In cases of damage incurred as a result of accidents on highways, the diminution in the injured party's assets is compensated under traffic insurance and within the framework of tort provisions. In such lawsuits, the manner in which the accident occurred, the parties' degree of fault, and the causal link are meticulously examined with expert reports and traffic police records. While decisions of the Regional Courts of Appeal deem it essential to observe the principle of equity in damage calculation, the Court of Cassation has repeatedly stated that the degree of fault attributed to the party causing the accident directly affects the amount of compensation. Thus, if a judgment is rendered without determining the degree of fault, a reversal decision becomes inevitable.

Initiation and conclusion of non-pecuniary damage lawsuits arising from traffic accidents: Since traffic accidents cause not only physical but also psychological distress, it is legally permissible and an established practice for the injured party or their relatives to claim non-pecuniary damages. In cases such as death or severe injury, the pain, sorrow, and psychological traumas experienced by the immediate family are considered within the scope of non-pecuniary damages. In judicial decisions, the assessment of such damage claims is made by judgment, taking into account the nature of the incident and the social status of the parties. The European Court of Human Rights also considers the failure to provide adequate compensation to redress individuals' emotional distress in such incidents as a violation of the right to life and the right to respect for private life.

Initiation and conclusion of damage lawsuits arising from occupational accidents: If an employee's bodily integrity is harmed or they lose their life due to an occupational accident, liability for damages arises if the employer has failed to take occupational health and safety measures. This situation is evaluated within the framework of both the Law of Obligations and Labor Law. The judge, considering elements such as the manner in which the accident occurred, the employer's degree of fault, the employee's contributory negligence, and the scope of the damage, awards pecuniary and non-pecuniary damages. The Court of Cassation accepts that high amounts of compensation may arise in such disputes if the employer's fault is proven; the Constitutional Court, in turn, considers the ineffective investigation of occupational accidents as a violation of the right to life. The European Court of Human Rights also holds the view that the state fails to fulfill its positive obligation if it does not supervise occupational health and safety measures.

Initiation and conclusion of damage lawsuits arising from medical malpractice: Errors in medical practice, i.e., malpractice cases, give rise to legal liability when they harm a patient's bodily integrity or life. If a physician's intervention is contrary to the requirements of medical science, negligent, or imprudent, the injured party may claim pecuniary and non-pecuniary damages. In such lawsuits, expert examinations and reports are of great importance in clarifying the medical dimension of the incident. The judge renders a decision in proportion to equity for the purpose of redressing the damage. In individual application decisions, the Constitutional Court has considered the ineffective investigation of medical errors in terms of the right to health and the right to life; the European Court of Human Rights, in turn, has accepted state responsibility when medical negligence in malpractice cases reaches the level of neglect.

Initiation and conclusion of damage lawsuits for non-pecuniary damages incurred due to divorce: In the event of the dissolution of the family union, gravely culpable conduct by one spouse towards the other causes an infringement of the other spouse's personality rights. In such cases, claiming non-pecuniary damages is explicitly regulated in Turkish Civil Legislation. Acts such as insult, adultery, violence, or psychological pressure are attributed to the culpable spouse, and the judge awards damages by judgment. Regional Courts of Appeal meticulously examine the duration of the marriage, the gravity of the incidents, and the social structure of the parties in such disputes; the Court of Cassation, in turn, indicates that non-pecuniary damages have both punitive and compensatory characteristics. Decisions of the Constitutional Court emphasize that the protection of personality rights in divorce proceedings must be evaluated in conjunction with the right to a fair trial.

Initiation and conclusion of damage lawsuits arising from breach of contract: Contracts established between parties are legal transactions that create obligations, and liability for damages arises if these obligations are not properly performed. Breach of contract can arise from various reasons, particularly non-performance, delayed performance, or defective performance. In such a case, the injured party may claim pecuniary and, if necessary, non-pecuniary damages. Judicial jurisprudence shows that decisions are rendered by examining the nature of the contract, the gravity of the breach, and the scope of the damage. Regional Courts of Appeal consider the pre-contractual and post-contractual conduct of the parties in determining damages, adhering to the principle of equity, while the Constitutional Court considers the ineffective operation of remedies in cases of non-fulfillment of contractual obligations as an infringement of the right to property.

Initiation and conclusion of non-pecuniary damage lawsuits due to psychological harassment (mobbing) caused by the employer's fault during employment: Systematic and intentional psychological pressure applied by an employer or workplace managers against an employee, in other words, mobbing, is considered a tortious act infringing personality rights. If such practices exist and the injured party's psychological integrity is harmed, they may claim non-pecuniary damages. In judicial decisions, witness statements, written documents, and continuous patterns of behavior are meticulously examined in proving mobbing allegations, and the principle is adopted that the judge renders a judgment based on the manner in which the incident occurred and the nature of the employment relationship between the parties. Decisions of the Constitutional Court have stated that mobbing is considered an infringement of the right to respect for private life and that the state has a duty to protect against it.

Initiation and conclusion of damage lawsuits arising from the impairment of commercial reputation: The commercial reputation of legal entities has been recognized as a personality right worthy of protection by the legal order. For instance, as a result of acts such as unfounded allegations, defamation, or reputation-damaging campaigns on social media, a company's customer portfolio may suffer, and it may incur economic loss. In such cases, companies may claim both pecuniary and non-pecuniary damages. In the jurisprudence of the Court of Cassation, the issue of whether reputation has been impaired is evaluated according to the specific circumstances of the case and considering the degree of impact of the incident; Regional Courts of Appeal, in turn, pay particular attention to the proof of damage and the existence of a causal link. The European Court of Human Rights explicitly considers that the right to reputation of legal entities must also be protected, and expects the state to provide the necessary legal remedies in case of an infringement of this right.

Initiation and conclusion of damage lawsuits against personality right infringements via social media: The proliferation of digital platforms has brought personality right infringements to a new dimension. Acts such as insult, defamation, and violation of privacy on social media platforms can harm individuals' personal and social reputation. In such cases, the victim may claim both pecuniary and non-pecuniary damages. In such lawsuits filed through a law firm, the reach of the post, its dissemination speed, and public impact must be evaluated in detail; in addition to measures such as content deletion or access blocking, damages should also be awarded. The jurisprudence of the Constitutional Court has adopted the view that in cases of personality right infringement on digital platforms, the absence of effective remedies should be redressed by compensation, provided it does not conflict with freedom of expression.

Initiation and conclusion of damage lawsuits resulting from a beneficiary suffering loss due to dispositions contrary to a will: The valid drafting and execution of a will is fundamental to inheritance law. However, in some cases, the non-fulfillment of a will containing the testator's last wishes or irregularities in the distribution of the inheritance can lead to pecuniary loss for legal or appointed heirs. Such damages can be considered within the scope of an unlawful act and be subject to a damage lawsuit. In judicial practice, judgments are rendered after meticulously examining the validity of the will, the legality of the inheritance distribution, and the good faith of the parties; in individual applications to the Constitutional Court, the right to inheritance is considered together with the right to property, and compensation is deemed appropriate in case of a violation.