Non-Pecuniary Damages (Manevi Tazminat) in Turkish Law
Civil Law & Damages
Non-pecuniary damages (manevi tazminat) compensate for harm to an individual's personality, dignity, emotional wellbeing or social standing — harm that cannot be measured in economic terms but that the law recognizes as deserving compensation. This article provides a comprehensive analysis of non-pecuniary damage claims under Turkish law.
Legal Basis
Non-pecuniary damages are governed primarily by Article 58 of the Turkish Civil Code (No. 4721) for personality rights violations, and Article 56 of the Turkish Code of Obligations (No. 6098) for bodily injury and death cases. These provisions allow courts to award a "reasonable amount of money" as moral compensation.
Conditions for Non-Pecuniary Damages
To succeed in a claim for non-pecuniary damages in Turkey, the claimant must establish:
1. Unlawful act: The defendant's conduct must be unlawful — an infringement of the claimant's legally protected personality rights.
2. Violation of personality rights: The infringement must affect the claimant's personal integrity, honor, reputation, privacy, name, image or other personality attributes.
3. Fault: The defendant must have acted with fault (either intent or negligence), except in certain strict liability situations.
4. Non-pecuniary harm: The claimant must have suffered actual non-economic harm — emotional distress, reputational damage, loss of dignity, etc.
5. Causal link: A causal connection between the unlawful act and the harm must be established.
Calculation Criteria
Turkish courts have broad discretion in determining the quantum of non-pecuniary damages. Key factors considered by the Court of Cassation include:
• Severity of the violation and the harm caused
• The parties' social and economic circumstances
• Whether publication or public exposure amplified the harm
• Duration of the violation
• The court's sense of fairness and equity (hakkaniyet)
• Deterrent function of the award
Common Non-Pecuniary Damage Claims
• Defamation and honor violations (published or broadcast)
• Unauthorized use of image or name
• Privacy violations (including GDPR/KVKK breaches causing personal harm)
• Wrongful dismissal causing reputational damage
• Physical injury (pain and suffering)
• Loss of a family member (bereavement damages)
Court of Cassation Standards
The Court of Cassation consistently holds that non-pecuniary damages must not be purely symbolic but should be proportionate to the harm suffered and the defendant's conduct. Awards that are disproportionately high (functioning as punitive damages, which Turkish law does not recognize) are regularly reduced on appeal.