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ATTORNEY FEE AGAINST THE REJECTION OF MATERIAL AND MATERIAL COMPENSATION REQUESTS IN THE DIVORCE ACTION
ATTORNEY FEE AGAINST THE REJECTION OF MATERIAL AND MATERIAL COMPENSATION REQUESTS IN THE DIVORCE ACTIONParagraph 1 of Article 174 of the Turkish Civil Code is exactly as follows: “The faultless or lesser faulty party, whose current or expected interests are damaged due to divorce, may request an appropriate financial compensation from the faulty party.” is in the form.
Paragraph 2 of Article 174 of the Turkish Civil Code states that “The party whose personal rights have been attacked due to the events leading to divorce may request the payment of an appropriate amount of money as non-pecuniary compensation from the defective party. “ is in the form.
Since the material and moral compensation claims arising from Article 174/1-2 of the TMK, which are requested in the divorce case, are in the nature of an annex to the divorce case, they are not subject to fees, and in case of rejection or acceptance of these demands, no additional attorney’s fee is awarded.
Consequences of Refusal of Claims
The decision of the 2nd Law Department of the Supreme Court of Appeals, numbered 2020/3943 E., 2020/4313 K. and dated 29.09.2020, is “Article 174/1-2 of the Turkish Civil Code, which is requested and ruled in the divorce case. In case of acceptance or rejection of material and moral compensation claims, which are an ancillary to the divorce and are not subject to expenses, no additional attorney’s fee can be awarded in favor of the parties. Without taking this aspect into account, the appraisal of the attorney’s fee for the benefit of the defendant woman over the rejected part of the partially rejected moral compensation claims of the plaintiff man was not correct and required to be overturned.” is in the form.
The decision of the 2nd Law Department of the Supreme Court of Appeals, dated 09.10.2018 and numbered 2016/22125 E., 2018/10811 K., in the same direction, is “Article 174/1-2 of the Turkish Civil Code, which was requested and ruled in the divorce case. In case of acceptance or rejection of material and moral compensation claims, which are an ancillary to the divorce and are not subject to expenses, no additional attorney’s fee can be awarded in favor of the parties. Without taking this aspect into account, the appraisal of the attorney’s fee was not correct for the benefit of the defendant-counter-plaintiff man, over the rejected part of the partially rejected material and moral compensation claims of the plaintiff-counter-defendant woman, and it required annulment.” is in the form.
Stj.Av.Rumeysa Özge Uzkan
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