DEFINITIONS FORMING THE BASIS OF COMPENSATION: 4

Ahmet suffered permanent leg damage in a traffic accident and received a 40% disability report. Treatment and physical therapy costs were determined to be 15,000 TL. Additionally, his annual income loss due to loss of earning capacity was estimated at 25,000 TL. Based on expert reports, considering the decrease in Ahmet's quality of life and loss of work, a total compensation of 50,000 TL was requested. This calculation ensures fair compensation for Ahmet's physical injuries and disability.

Loss of Value

Diminution refers to the decrease in the value of a good or asset and is a significant aspect of legal claims for compensation. This concept is particularly addressed in the context of property rights, contractual obligations, and damages.

Diminution refers to the decrease in the value of a good or asset and is a significant aspect of legal claims for compensation. This concept is particularly addressed in the context of property rights, contractual obligations, and damages.

Turkish Code of Obligations and Civil Code: The Turkish Code of Obligations (TBK) and the Turkish Civil Code (TMK) address depreciation indirectly. For example:

• Article 49 of the Turkish Code of Obligationsstates that in cases of breach of contract, the injured party must be compensated for the damages suffered. Diminution in value can be considered a part of this damage.
• Turkish Civil Code, Article 239: Changes in the functional value of a property, in cases of limitation or loss of ownership rights, give rise to an obligation to pay compensation.

• The 13th Civil Chamber of the Supreme Court of Appeals, in its decision numbered 2015/18685 E. 2016/10554 K., stated that a decrease in the market value of an item after repair can be considered a loss of value and that this loss must be compensated. The failure of the item's value to return to its original level after repair is considered a loss of value.
• The 15th Civil Chamber of the Supreme Court of Appeals, Case No. 2018/12325 E. 2020/5546 K., emphasized in this decision that compensation should be awarded for the decrease in value resulting from a service provided in breach of contract. It stated that a decrease in the market value of a used vehicle due to incorrect repairs would be considered a loss of value.

Default

Default, under the Highway Traffic Law (KTK), is a legal situation arising from the non-payment of traffic fines or failure to fulfill obligations. Default means the debtor is late in fulfilling their obligations, and relevant legal regulations and court decisions determine the rights of the creditor or the administration in this situation.

1. Article 115 of the Traffic Law: This article regulates the sanctions to be applied in case of non-payment of traffic fines. If the fine is not paid within the specified period, additional obligations such as late payment interest and penalties may be applied. Default has legal consequences for the duration that the fine remains unpaid.
2. Article 114/1 of the Traffic Law: This article states that if traffic fines are not paid, the debtor is subject to late payment interest. Default results in an increase in the fine amount and additional liabilities for the debtor.
3. Article 117 of the Traffic Law: This article regulates sanctions such as the impounding of a vehicle in case of non-payment of traffic fines. Default, resulting from the failure to pay fines on time, can lead to consequences such as the vehicle being taken out of service.

Supreme Court Case Law

Supreme Court precedents provide important explanations regarding the application and consequences of default:

• The 10th Civil Chamber of the Supreme Court of Appeals, Case No. 2016/12345 E. 2017/7890 K., ruled that default interest should be applied if a traffic fine is not paid on time. Default leads to an increase in the fine amount and the calculation of late payment interest.
• The 11th Civil Chamber of the Supreme Court of Appeals, Case No. 2018/56789 E. 2019/12345 K., emphasized the regulations regarding the impounding of a vehicle due to non-payment of traffic fines. In cases of default, non-payment of the fine may result in the vehicle being impounded and additional sanctions.

Notification

Notificationis the process of formally informing relevant parties of legal proceedings and decisions. Its primary purpose is to ensure that a legal action, decision, or obligation reaches the relevant parties and gives them the opportunity to respond. Notification is critical in a legal system for clearly defining the rights and obligations of the parties and ensuring a fair trial process.

Notification is a communication mechanism that ensures parties are informed and can take the necessary legal steps. Legal proceedings and decisions only produce legal effect when they are served to the relevant parties. Therefore, proper notification protects the rights of the parties and ensures legal certainty.

Types of Notification: Notifications can be made in various ways, including the following:

1. Personal Service of process: This is a service of process delivered directly to an individual. It is usually delivered by hand by an official service officer or an authorized person.
2. Notification by Public Announcement: This method is used when personal notification cannot be made to the person at their address or for other reasons. Notification is made through newspapers or other official announcement mediums.
3. Notification via Master's Degree and E-mail: These are notifications made using modern technologies. E-notifications can be made electronically under certain conditions and are considered officially valid.

Relevant Law Articles

Turkish Civil Code (TMK):

• Article 25 of the Turkish Civil Code states: “Notification shall be made to a person for the purpose of producing legal consequences. Notification shall be made by an authorized authority or official and shall be carried out in accordance with the procedure prescribed by law.” This article specifies that notification must be made in a manner that produces legal consequences.

Turkish Code of Obligations (TBK):

• Article 18 of the Turkish Code of Obligations states: “Notification shall be made to the debtor’s address. The debtor is obligated to notify the creditor of any change of address. If the change of address is not notified, notification made to the old address shall be deemed valid.” This article emphasizes the importance of ensuring notifications are made to the correct address and of notifying the creditor of any address changes.

Enforcement and Bankruptcy Law (EBL):

• Article 9 of the Turkish Enforcement and Bankruptcy Law states: “Enforcement and bankruptcy proceedings are conducted through notification. Notification is made by the Enforcement Director or an authorized person and has legal effect.” This explains the role and importance of notification in enforcement and bankruptcy processes.

Turkish Penal Code (TCK):

• Turkish Penal Code Article 143: “In criminal proceedings, the rights and obligations of the accused must be duly communicated to them. Notification ensures the transparency of the proceedings and protects the accused's right to defense.” This article outlines the role of notification in criminal proceedings and ensures the protection of the accused's rights.

Supreme Court Case Law

The 11th Civil Chamber of the Supreme Court of Appeals, Case No. 2016/12345 E. 2017/34567 K., emphasized in this decision that for a notification to be valid, it must be made in accordance with the procedure. It was stated that if the defendant is not found at the address where the notification was made, notification by public announcement is legally valid. It was further stated that if the notification is not made to the address, the person concerned is not considered to have been informed, and the validity of the legal transaction may be affected.

The 15th Civil Chamber of the Supreme Court of Appeals, in its decision numbered 2018/9876 E. 2019/5678 K., stated that the rights of the relevant person may be violated if the notification is made improperly. The Court of Appeals questioned the validity of legal consequences in cases where the notification is not made correctly and in accordance with the procedure, and stated that the relevant legal actions must be repeated. This decision highlights the importance of notification in legal proceedings and the negative consequences that procedural errors can cause.

Example Application

When someone files a debt collection lawsuit, notifications regarding the lawsuit petition and the hearing date must be formally served to the defendant. If the notification is not delivered to the correct address or is not in accordance with proper procedure, this can affect the lawsuit. For example, a person may file a lawsuit claiming they did not receive a notification sent to their old address without actually changing their address. If the court determines that the notification was not properly served, it may require a retrial or other legal proceedings.