What is a material and moral compensation case ?

What is a material and moral compensation case ?

A material compensation case is a type of case that aims to eliminate the loss of property due to an illegal action or transaction, that is, the elimination of material damages; a case for moral damages caused by the sadness, elimination and attrition experienced by the individual due to the same action or actions.

Financial and moral compensation cases can be filed together or separately. All compensation cases that are not of a commercial nature are filed in the courts of first instance regardless of the amount of compensation requested.

The case for damages caused by the actions and actions of the state, that is, the administration, is called a “full judicial case”. The task of looking at the full judicial case is fulfilled by the tax courts or administrative courts, which are administrative jurisdictions.

For what reasons can a material and moral compensation lawsuit be filed?

A material and moral compensation case in which a material and moral compensation case can be filed for the purpose of relieving an unfair material or moral harm suffered for any reason. Compensation cases are filed on the basis of many different legal grounds, although in general they are filed on the grounds of tort or breach of contract. The most-filed compensation cases in general are: can they be filed?

  • Material and moral compensation case arising from work accident,
  • Material and moral compensation case due to traffic accident,
  • Material and moral compensation case for breach of contract,
  • Material and moral compensation case due to criminal action,
  • Compensation case due to faulty doctor practices, i.e. medical malpractice,
  • Financial and moral compensation lawsuit filed in conjunction with divorce,
  • Material and moral compensation case for infringement of copyright
  • A moral compensation lawsuit filed for an assault on personality rights through the written or visual press or social media.

The term and the statute of limitations for filing a claim for material and moral damages

The time to sue for material and moral damages varies depending on the cause of the damages. It also sets the time for a compensation case to be filed based on what legal reason the compensation case was filed.

The basic principles in terms of the time to sue for material and moral damages are as follows

Financial and moral compensation lawsuit filed in conjunction with divorce

Divorce proceedings are a type of litigation in which the parties terminate a marriage contract. The parties may, together with the divorce proceedings, make a material and moral compensation case for the damages inflicted by the offending acts of the opposing party during the marriage.

A financial and moral compensation case in divorce is a compensation case involving the compensation the spouse claims from the other spouse, which is impeccable or less flawed as to the reasons for the divorce. If both parties are equally flawed as to the causes of divorce, the parties have no right to claim compensation from each other.

Material and moral compensation case due to copyrights

Copyrights protect Works whose idea is the product of an effort. Today, copyrights are among the most violated rights due to the development of technology and communication. The rightful owner, whose copyrights are infringed, can both sue to prevent interference and sue for damages to reimburse his material and moral damages.

Copyright is violated for numerous reasons, such as the public offering and publishing of the work without the permission of the owner of the work, publishing the work as if it were his own work, and making public statements about the contents of a work that has not yet been acquired. When copyright infringement is a crime, intellectual and industrial rights Criminal Court judges the perpetrator on the complaint.

How long will the financial and moral compensation trial last?

Compensation cases consist of steps such as asserting party claims, listening to witnesses, determining disability rate, detecting defects, calculating material damages. The court, which handles the compensation case, evaluates the objections of the parties after the necessary determinations are made at each stage. For example, if the parties have an objection to the defect determination made by the expert witness, the court evaluates the objection and, if it sees the objection in place, sends the file back to the expert witness. Whether or not all of these transactions and proceedings are contested determines how long the compensation case will be concluded. Compensation cases result in an average of 1.5 – 2 years.

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