JEWELLERY CASE
Two points are essential in a jewellery case. These are the existence of the jewellery and the proof of the person from whom it was inherited. Firstly, the existence of the jewellery must be proved. According to the practice, the burden of proof on this issue generally belongs to the plaintiff woman, who is the party requesting restitution. For this purpose, wedding photographs, wedding videos and witness statements may be utilised.
According to the Court of Cassation, it is not enough for the plaintiff to prove the existence of the jewellery; she must also prove that she does not have them. According to the Court of Cassation, under normal circumstances, it is accepted that the jewellery belongs to the woman. Therefore, the plaintiff has the burden of proving the existence of the jewellery and that they were forcibly taken away from her when she left the house; in other words, she was prevented from taking them away and they remained in the house. Likewise, the plaintiff woman may prove that the jewellery was taken from her by her defendant husband and sold or used for expenses such as the purchase of personal property or deposited in her bank account. These matters may be proved by any evidence, including witnesses.
According to the Court of Cassation, in some cases, it is contrary to the ordinary course of life for the woman to take her jewellery with her, and the claim for jewellery receivable should be accepted. For example, this is the case for a woman who proves that she left the house after being subjected to physical violence or being fired. In this case, the burden of proof that the plaintiff woman took the gold jewellery with her when she left the house belongs to the defendant. This is also the case for a woman whose jewellery is in a safe, but she does not have the key to it.
Again, the jewellery worn at the wedding may have been exchanged by the husband and used for various purposes. In such a case, according to the Court of Cassation, the defendant (husband) is obliged to return the cash equivalent of the jewellery to the plaintiff (wife). For example, the exchange of jewellery for wedding debts, purchase of vehicles or real estate, personal debts of the husband, debts of in-laws, rent debts, household needs, opening a business, medical expenses, honeymoon and debts of the marriage union are within this scope. The exception to this is if the defendant husband proves that the jewellery has been given to the defendant husband for the purpose of not demanding it back.
WHAT ARE THE CONSEQUENCES OF A JEWELLERY LAWSUIT?
When the court makes a judgement for the jewellery case, the judgement will be made depending on your demands in your petition. The first thing to do is to request the return of the jewellery in kind, and if the jewellery is not available, the return of the jewellery should be requested by calculating the price. If the court comes to the conclusion that the jewellery of the plaintiff has been seized by the defendant and should be returned; If the jewellery is in the hands of the defendant, it will be returned in kind, if the jewellery in question is not available, a judgement will be made on the payment of the amount determined as a result of the calculation of the value of the gold on the date of the lawsuit with the gold expert from the defendant to the plaintiff.
IS THERE A STATUTE OF LIMITATIONS IN JEWELLERY LAWSUITS?
If the jewellery requested by the jewellery lawsuit is in the possession of the defendant, that is, if the wedding jewellery is present at the time of the lawsuit, the lawsuit filed for the return of the jewellery in kind is called a “case of appropriation”. Filing an action for restitution of jewellery in kind is not subject to any statute of limitations, the lawsuit can be filed at any time.
If the wedding jewellery is not available at the time of filing the lawsuit and the plaintiff demands the price of the jewellery because it is not possible to return the jewellery in kind, the period for filing a lawsuit is 10 years (Article 146 of the TCO). This is because, while the demand for the return of the jewellery in kind is an action for retrieval, which is not subject to the statute of limitations, the demand for the payment of the price is an action for compensation subject to the 10-year statute of limitations.
The 10-year statute of limitations starts from the finalisation of the divorce case.
HOW LONG DOES A JEWELLERY CASE LAST?
In jewellery cases, the duration may vary according to the intensity of the court and the scope of the file. Target periods have been determined by the Ministry of Justice in the judiciary. These periods are determined in accordance with the subject and nature of the case, and the Appeal and Supreme Court stages are not considered within this period. When practical applications are considered;
Petitions must be full and complete
Hearing of witnesses
Investigation procedures such as the expert report to the file affect the duration of the case.
Looking at the general averages, it can be said that paternity cases are concluded between 9 months and 12 months on average.
However, the finalisation of a case in the shortest time is directly related to the close follow-up of the case. A good file follow-up prevents unnecessary prolongation of the case.
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