Moral compensation is a type of compensation aimed at partially remedying the moral harm - such as distress, grief, and pain - suffered by a person as a result of a wrongful act (Turkish Code of Obligations Art. 56, Art. 58).
Conditions for Moral Compensation
- An unlawful act - The existence of fault-based conduct by the perpetrator (fault applies in tort liability, while strict liability principles apply in certain special liability cases).
- Injury to personality rights or bodily integrity - Moral compensation may be claimed without any material loss being required, in the case of an attack on a person's honor, dignity, health, or private life.
- Causal link - There must be a causal link between the act and the moral harm that occurs.
The Difference from Material Compensation
Material compensation aims to cover a measurable economic loss (treatment expenses, loss of income, damage to property), while moral compensation is aimed at partially remedying pain and distress that cannot be fully measured in monetary terms. Even though both may arise from the same event, they are claimed independently of one another and assessed separately.
How Is the Amount of Moral Compensation Determined?
The law does not prescribe a fixed tariff for moral compensation; the judge rules on an equitable amount, taking into account the severity of the event, the parties' social and economic circumstances, and the nature and duration of the distress suffered by the injured party (TCO Art. 51). The principle that moral compensation should not be so high as to lead to unjust enrichment is also observed.
Commonly Seen Moral Compensation Claims
Traffic accidents, workplace accidents, acts constituting insult/defamation, malpractice by healthcare personnel, and attacks on personality rights in divorce cases are the types of events in which moral compensation claims frequently arise.
Conclusion
Moral compensation is a type of compensation that varies according to the severity of the specific case, with the judge having broad discretion. It is important that the claim be supported by evidence that concretely demonstrates the impact of the event on personality rights.
You can evaluate the basis of your moral compensation claim before sending it, using Lawyer Services' Petition Analysis tool.