TÜRK HUKUKUNDA ZİNA SEBEBİYLE BOŞANMADA ÜÇÜNCÜ KİŞİNİN TAZMİNAT SORUMLULUĞU.

Divorce of adultery provisions is one of the special reasons for divorce, which is not defined in the Turkish Civil Code. TMK m. In the 161 provision, only the eviction party does not have the right to file a lawsuit for divorce due to adultery and there are periods of deprivation of rights. The issue of the fact that the regulation of the article does not respond to some important and current issues regarding the divorce of the adultery provision has been made open to discussion. The examination of the conditions of divorce in the provision of adultery has also made it remarkable for practices and evaluations. One of the financial consequences of divorce is the request for moral compensation. The basis of non-pecuniary compensation for spouses is Turkish Civil Code m. 174/2 constitutes the provision. In its previous decisions, the Court of Cassation made decisions that the spouse could not even ask for nonpecuniary damages from the other spouse in the event that the adultery judgment was divorced, and later changed its decision on this issue. The spouse cannot claim compensation based on this provision against third parties who participated in the act of adultery. The processes of the third party under the auspices of compensation were discussed and the opinion was changed by the Court of Cassation in accordance with the conflicting provisions. Finally, the decision to unify the jurisprudence was suspended and these accumulations were tried to be eliminated. During this period, we will also state our views on whether the final decision will be in place during this period. [ABSTRACT FROM AUTHOR]