In short
Pecuniary and non-pecuniary damages in a divorce are two separate heads in Article 174 of the Turkish Civil Code. The pecuniary head discusses an existing or expected interest that was harmed because of the divorce. The non-pecuniary head discusses an attack on the right of personality by the events that led to the divorce. A sum and a percentage are not in this text.
This record does not answer damages for a civil wrong, the conditions of maintenance, or a share under the matrimonial property regime. Proof of one head does not carry the other of itself. The division of fault is read from the fact in the file. A rate is not written from memory.
Why Article 174 is two sentences
The statute does not melt pecuniary and non-pecuniary damages in the same paragraph. In the first there is the interest and the balance of fault. In the second there is the right of personality and fault. A single heading of damages in the petition leaves it unclear which element is being looked for. An unclear heading does not produce a sum. The sum is not built before the elements are written.
In a contested file these heads are built as ancillary claims. The factual ground of the fault can meet the account of the marriage having broken down at its foundation. That account defines the general ground. The elements of the damages are not repeated here as a copy of that ground. If the ground and the head are melted in the same sentence, which condition is being tested is hidden.
The interest in pecuniary damages
Pecuniary damages look at an existing or expected interest being harmed because of the divorce. Support or housing that was in fact provided while the marriage continued, if it is cut by the divorce, can be discussed under this heading. An expected interest means a benefit that has not yet been obtained, but that could reasonably be seen if the marriage continued. It is not a speculative promise of wealth. Turning the promise into a sum is not the work of this text.
The statute requires the party who asks for this head to be without fault, or less at fault, and the other party to be found at fault. If there is no discussion of fault, or if the fault of the party who asks is heavier, the pecuniary head narrows in most files. A sentence that the marriage ended, and so a payment arises, does not take the place of the statutory element. The interest should not be mixed with a land-registry share or with a participation claim. Return of jewellery is a separate claim. A separate claim does not stand in for the interest in Article 174.
Non-pecuniary damages require the right of personality to have been attacked because of the events that caused the divorce. A serious insult, violence, or conduct that breaks honour can enter by this door. Not every resentment inside a marriage is treated as a breach of the right of personality. Treating it as one is not built before the weight and the continuity of the event are seen.
The other party's fault is an element in this head too. The party who asks also being at fault does not of itself drop the claim. The weight of the event, its continuity, and the proof are read together. The court looks for a suitable redress, not a punishment. There is no formula and no minimum sum. There is no percentage either. A record obtained unlawfully carries both a risk as evidence and a separate risk of liability. A message, a health document, or a police document is discussed if its connection with the event is established. If there is no connection, the document is not treated as an attack on the right of personality.
A waiver, and heads that get mixed
On the uncontested route, damages are either written in particular or expressly waived. An unclear basket produces a discussion of interpretation at the hearing, or later. In a contested petition, the match of the head, the fact and the evidence should be built early. While there is no match, it is not treated as accepted.
The limitation period the statute provides for rights of action arising from the divorce is tied to the divorce judgment becoming final. The period is not memorised without the document of service and of finality. A number of days is not added to this text. Maintenance is a need for support. It is not damages. A share under the property regime is a calculation of acquisition and of source. General damages for a civil wrong are not the ancillary head of the divorce.
The neighbouring records are as follows. The skeleton of the contested process stands under a contested divorce, and the heads of the protocol under an uncontested-divorce protocol. The conditions of maintenance for poverty stand under maintenance for poverty, and the property-regime share under division of property. This record separates the two heads in Article 174 from those headings.
Which document builds the head
The record that is read is the document, the contract, the service, the decision and the petition. The divorce petition, the fact about fault, and the protocol if there is one, stand together. The petition should write the pecuniary head and the non-pecuniary head separately. A single heading is not treated as having built the two elements. A protocol that stands like a contract can close that head if it writes the waiver expressly. If it is not express, the basket does not produce a sum. Service shows the endorsement that leads to the judgment becoming final. If there is no endorsement, limitation is not treated as having run of itself. The decision should write which spouse's fault was found heavier. While there is no decision, damages are not treated as having arisen. The application should show the interest and the right of personality separately. The minutes can carry the statement of waiver at the hearing. If there are no minutes, a waiver is not assumed. An invoice can show the cost of support. The invoice is not the sum of the non-pecuniary head. The registry can show the record that the marriage ended. The registry does not write the fault.
Where the damages are read from
The facts of fault, the interest, and the claim about the right of personality are read side by side. A sum and a percentage are not written. The Çankaya office does not change the competent authority. Maintenance is not put in place of the head in Article 174.
Conclusion
Article 174 builds the two heads with separate elements. The balance of interest and fault, and the right of personality and fault, do not stand in for each other. A sum and a percentage are not written. The frame sits on the family law page. The basis is the Turkish Civil Code, Law No. 4721.