REGARDING COMPENSATION IN THE EVENT OF DIVORCE
DECISIONS OF THE JUDICIARY GENERAL ASSEMBLY OF LAW
JUDICIARY HGK - 2020/46 K., 2017/2-2065 E., 23.01.2020 T.
"... Since the forgiven events cannot be taken into account in determining the fault of the parties, material and moral damages cannot be awarded in favor of the parties on the basis of the forgiven events."
JUDICIARY HGK – 2020/227 K., 2017/2-1940 E., 26.02.2020 T.
"... Since the plaintiff is restricted due to mental illness and does not have the power to understand and evaluate the causes and consequences of his actions, no fault can be attributed to the plaintiff. The defendant has caused the divorce with his defective actions and is fully at fault. It is not correct to reject the material and moral compensation claims of the plaintiff, whose existing or expected interests have been damaged due to divorce and whose personal rights have been attacked due to the defendant's defective actions."
JUDICIARY HGK – 2020/243 K., 2017/2-2426 E., 04.03.2020 T.
"... The fact of amnesty will have its consequences only in the cases before the last incident between the parties, and the parties will be able to file another divorce case based on the events that took place after the date of the lawsuit. For the reasons explained, material and moral damages cannot be awarded against the defendant based on the forgiven events."
JUDICIARY HGK – 2020/435 K., 2017/2-2207 E., 17.06.2020 T.
"... Although the events that caused the divorce caused by the defendant have the nature of an attack on the personal rights of the plaintiff; Considering the social and economic status of the parties, the determination of fault, the gravity of the action and the principle of equity, the amount of moral compensation appreciated in favor of the plaintiff is excessive.".”
