Abstract:

According to the vast majority of the Turkish legal doctrine, nonpecuniary loss and non-pecuniary damage is uncountable hence these must be appraised. Absolute judicial discretion of determining compensation, causes different compensation for violation of personal right in similar cases. This endangers the legal security. For this reason non-pecuniary loss and damage must be based on objective principles. Beacuse of the qualification of nonpecuniary loss and damage, that is very hard to practice it but not impossible. Especially on the violation of physical integrity, non-pecuniary damage can be based on objective criteria better than other types of violation of personal right. Because it is possible that the type and aggravation of violation can be confirmed by medical devices etc. In this circumstance, harms against physical integrity can be determined by percentage, non-pecuniary loss and damage can be calculated. Judicial decisions can contribute determining the compensation by objective criteria as well as medical devices and tests. In fact, objective criteria which is related to concrete case, effecting nonpecuniary damage can be designated by prejudication. Methods of making charts which above-mentioned, ensure the minimum allowance (nonpecuniary damage), applicable for everyone. Thus contradictory judicial decisions minimized

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