The statute of limitations for moral damages is specified in the Turkish Code of Obligations. Article 72 of the Turkish Code of Obligations stipulates the statute of limitations for moral damages as two years starting from the date the injured party learns about the damage and the person liable for compensation, and in any case ten years starting from the date the act is committed.
However, if an act requiring moral damages also constitutes an offence under criminal law, the longer criminal statute of limitations shall apply. These periods are 15 years for fatal events and 8 years for non-fatal events.
Turkish Code of Obligations
Statute of Limitations
ARTICLE 72- The claim for compensation shall be time-barred after the expiry of two years starting from the date on which the injured person learnt of the damage and the person liable for compensation, and in any case after the expiry of ten years starting from the date on which the act was committed. However, if the compensation has arisen from an act requiring a penalty for which a longer statute of limitations is prescribed by the criminal law, this statute of limitations shall apply.
Learning the Concepts of Damage and Compensation Obligor
In order for the statute of limitations to commence for the compensation claim of the person who has been subjected to a wrongful act requiring moral compensation,
- Damage
- Compensation Obligor
must have learnt it.
For example, in some cases, the person may not know who caused the damage, the identification of the perpetrator may require a criminal investigation and the identity of the real perpetrators may be reached as a result of the criminal investigation. In this case, the period will start with the identification of the perpetrator during the criminal investigation or prosecution process.
Sometimes, the amount of the damage may not be fully known by the injured party, especially in cases where the damage continues. For example, a patient whose treatment process is ongoing will only realise the extent of the damage when his/her treatment is completed and he/she obtains the medical report regarding the disability that occurred in his/her body as a result of the tort. In this case, it will be necessary to start the statute of limitations from the date of this report.
In which cases can moral compensation be claimed?
According to the Turkish Code of Obligations, non-pecuniary damages can be requested after actions that damage the right of personality. For example, people whose personal rights are damaged due to reasons such as insult and slander may request moral compensation through the court.
Persons whose physical integrity is damaged as a result of a wrongful act may also claim moral compensation. This may be the result of a deliberate act, as well as negligent, that is, unintentional acts. While the person who was injured due to a blow to his body during a fight can be shown as an example of the first, the patient who suffered damage as a result of a physician’s malpractice in the treatment process can be shown as an example of the second.
If death has occurred as a result of the wrongful act or if there is severe bodily harm (such as loss of organs and tissues), the relatives of the injured person may also claim non-pecuniary damages.
Death and Bodily Harm
d. Moral compensation
ARTICLE 56- In the event of damage to the physical integrity of a person, the judge may decide to pay an appropriate amount of money as non-pecuniary damages to the injured person, taking into account the characteristics of the case. In case of serious bodily harm or death, an appropriate amount of money may also be ordered to be paid to the relatives of the injured person or the deceased as non-pecuniary damagesDamage to the right of personality
ARTICLE 58- The person who has suffered damage to his right of personality may request the payment of a sum of money under the name of moral compensation for the moral damage he has suffered.
Instead of payment of this compensation, the judge may decide on another form of compensation or may add it to this compensation; in particular, he may issue a decision condemning the attack and may order the publication of this decision.
This content has been automatically translated into English from the Turkish original.
Av. Arb. Bahadırhan Tabak
He completed their bachelor's degree at Istanbul University Faculty of Law and their master's degree in Public Law at Çankaya University. He is currently pursuing a PhD in Medical Law at Medeniyet Üniversitesi. Starting his career as a judge, TABAK served in Elazığ and Ankara for a period of time. Most recently, while serving as a judge at the 15th Civil Chamber of the Court of Cassation, which acts as a higher court reviewing legal disputes arising from aesthetic operations, he resigned from the judiciary and transitioned to private practice. Currently, he is registered with the Istanbul Bar Association as an attorney and mediator, focusing primarily on Health Law in his legal practice. Click Here For Detailed Information