General Principles of Non-Pecuniary Damages
Pursuant to Article 58 of the Code of Obligations No. 6098, any person whose personality rights (kişilik hakları) have been unlawfully violated may request an award of non-pecuniary damages (manevi tazminat). The purpose of non-pecuniary damages is to compensate the party whose personality rights have been attacked for the deterioration of their psychological balance and the diminution of their moral values. In other words, it aims to provide a partial restitution of the grief and anguish suffered to the extent possible.
The basis of a claim for non-pecuniary damages lies in the tortious act (haksız eylem) of the defendants. The elements of a tortious act consist of the damage arising from the unlawfulness of the act and the causal link (illiyet bağı) between the act and the damage.
In our legal system, the duty to determine the amount of non-pecuniary damages is left to the discretion of the judge (hâkimin takdir yetkisi). Article 4 of the Civil Code stipulates that in cases where the law grants discretionary power, the judge shall render a decision in accordance with law and justice (equity / hak ve nesafet).
Non-pecuniary damages possess a unique character with a function similar to compensation aimed at creating spiritual peace (manevi huzur) in the injured party. It is not a penalty, nor is it intended to compensate for damages related to the law of property (mamelek hukuku). However, as it aims to evoke a sense of peace and soothe mental anguish, it performs a compensatory function.
Criteria for Determining the Amount
When awarding non-pecuniary damages, the judge must consider the following factors:
The characteristics of the act constituting the attack and the event,
The economic and social status of the party whose personality rights were damaged, and the existence and degree of their fault (kusur),
The degree of fault and the economic/social status of the perpetrator,
The titles, offices held, and other social/economic conditions of the parties,
The economic conditions of the country and the purchasing power of money (paranın satın alma gücü),
The severity and date of the incident.
Furthermore, the amount:
Must be in accordance with justice and proportionate (ölçülülük) to the act,
Must not lead to the unjust enrichment (zenginleşme) of one party,
Must provide a sense of satisfaction (tatmin) and, in line with modern legal approaches, act as a deterrent (caydırıcılık).
Summary of the Precedents (Yargıtay Rulings)
Boşanma (Divorce): The 2nd Civil Chamber (2015/20787 E.) ruled that the non-pecuniary damages awarded to the husband were excessive and violated the principle of proportionality, failing to observe equity under Art. 4 of the Civil Code.
Basın Yoluyla Saldırı (Attack via Media): The 4th Civil Chamber (2016/8352 E.) reversed a decision where damages awarded to lawyers were deemed too high. It emphasized that statements regarding federation lawyers constituted “personal value judgments” and remained within the limits of fair criticism.
İş Kazası (Work Accident): The 1st Civil Chamber (2016/3189 E.) reversed a decision regarding the death of a formwork master. It held that the damages awarded to each sibling (25,000 TL) were excessive. It also emphasized that in work accidents, the award must be deterrent, considering the employer’s failure to take occupational health and safety measures.
Kasten Yaralama (Intentional Injury): The 4th Civil Chamber (2016/10236 E.) reversed a decision where the damages awarded were found insufficient (az), given that the defendant struck the plaintiff with a glass, causing permanent scarring on the face.
Yurt Dışında Tutukluluk (Detention Abroad): The 1st Civil Chamber (2016/35688 E.) found an award of 7,500 TL too low for a ship captain who was detained in Libya for one year and could not return to his country, conside ring his responsibility and social status.