ERDEM-NEWSLETTER-2018-metin

388 NEWSLETTER 2018 May Deceived Spouse Claim Compensation from the Third Person who has had a Relationship with the Deceiving Spouse?* Prof. Dr. H. Murat Develioglu Introduction Adultery is grounds for divorce under Turkish Law. Indeed, if one of the married parties commits adultery, the other married part- ner may file for divorce pursuant to Article 161 of the Turkish Civil Code (“Civil Code”). According to Article 174 of the Civil Code, the faultless spouse, or the spouse bearing less fault, whose existing or expected interests are damaged due to divorce, may claim adequate material compensation from the party at fault in the divorce claim. Moreover, according to this provision, the party whose personal rights are damaged due to the events that have caused the divorce may claim an adequate amount as moral damages from the spouse at fault. In addition, the party who finds himself/herself in financial distress be- cause of the divorce may claim maintenance, indefinitely, for his/her subsistence, provided that the financial strength of the spouse at fault is greater than the injured spouse. All these consequences derive from the fact that the marriage is a contract that creates certain relative obligations between the spouses. There is no provision in the Law as to whether the spouse filing for divorce due to adultery may claim moral compensation from the third person who has a relationship with the spouse involved in the adultery. This question has prompted many discussions in legal literature. It is also elaborated upon in many decisions of the Court of Cassation, and has finally been settled with the non-published Decision of the Joint Chambers of the Court of Cassation dated 6.7.2018. * Article of August 2018