TÜRKIYE Law and Practice Contributed by: Faruk Aktay and Ayşe Müge Aktay, Aktay Law Firm
9. Damages and Judgment 9.1 Awards Available to the Successful Litigant There are different remedies available to suc- cessful parties. The party who has suffered material damages can obtain compensation for the damage suffered. It is possible to determine this damage as direct damage suffered and lost earnings. Moral damage is regulated by Article 56 of the Code of Obligations. It occurs in cases such as violation of personality rights. During the hear- ings, the court may issue an interim injunction according to the course of the case. However, they are temporary measures to pro- tect rights. It aims to prevent loss of rights that may occur during the process. If the subject of the lawsuit is based on a contract, the court may demand the fulfilment of the obligations of the contract. It may demand that the other party pay the costs of the lawsuit. If a situation requiring enforcement occurs at the end of the lawsuit, it may apply to the court of execution and request the execution of the decision. 9.2 Rules Regarding Damages There are some special regulations in Turkish law for compensation for damages. In terms of pecuniary compensation, it can be evaluated as actual damage and lost earnings. What is pri- oritised in the claim for moral damages is the violation of personality rights. There is no such practice for punitive damages under Turkish law. In the Turkish legal system, only compensatory damages are awarded. In the event of a tort or breach of contract, actual damages and lost earnings are claimed. In insur- ance contracts, the amount of compensation
to be paid in terms of insurance companies is within the limits specified in the policy. Under the Labour Law, the compensation amounts are fixed. The party claiming compensation is obliged to prove the amount of damage. As there is a prohibition of enrichment with compensa- tion in Turkish law, it is determined by taking the circumstances of the parties into account. 9.3 Pre-judgment and Post-judgment Interest Before the court makes a decision, the credi- tor may demand interest from the debtor in the event that they do not receive their receivable despite requesting it on time. This interest is determined according to the legal interest rate determined in the Code of Obligations. The legal interest rate is generally regulated within the framework of the rates determined by the Central Bank. It is valid for the period from the creditor’s request until the decision. After the court decision, the creditor’s right to demand interest arises. It starts from the date the judgment becomes final. There is no specific limitation on pre-judgment interest. However, the creditor must have complied with the obligation to claim the receivable. The interest rate is deter- mined within the legal interest rates in all cases. 9.4 Enforcement Mechanisms of a Domestic Judgment It is possible to initiate enforcement proceed- ings as a result of a court decision. The credi- tor applies to the authorised enforcement office to enforce the judgment in accordance with the enforcement decisions issued by the Turkish courts. During the application, the creditor must submit the original or certified copy of the judgment, and the necessary documents related to the
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