THE COMPENSATION OF PECUNIARY AND NON-PECUNIARY DAMAGE UNDER TURKISH LAW THAT RESULT DUE TO VIOLATION OF BODILY INTEGRITY

Authors : Burcu Gülseren Özcan Büyüktanır

Pages : 26-49

Doi:10.32957/hacettepehdf.1332076

View : 113 | Download : 70

Publication Date : 2024-06-30

Article Type : Research Paper

Abstract :The violation of the right of bodily integrity constitutes the violation of personality rights as well. In case of violation of bodily integrity, tortfeasor must compensate the damages of the injured person’s pecuniary and non-pecuniary compensation. Pecuniary compensation can be claimed by the injured person himself/herself or by his/her heirs. This is because pecuniary damage endangers the succession rights and decrease the value of the heritage. Non-pecuniary compensation can be claimed by the person whose personality rights or bodily integrity is violated in principle in Turkish Legal System. But in cases of serious personal injury or death, by the legal dependants of the injured/dead person due to the Turkish Code of Obligation Article 56. In the latter case, heirs do not enjoy right to claim non-pecuniary compensation on behalf of the injured person unless the injured person did not claim the non-pecuniary compensation when he/she was alive depending on Turkish Civil Code Article 25.
Keywords : maddi zarar, manevi zarar, kişisel zarar, tazminat