Bad news from the Court of Cassation for a husband who took out a loan without his wife's knowledge

Gülenay L. and Kutay L., who live in Adana, filed for divorce against each other. Gülenay L. stated that her husband had taken out a loan and incurred debt during their marriage without her knowledge, and that she was unaware of these debts, arguing that her husband was at fault in the marriage.

The woman also requested that she be paid non-pecuniary damages.

According to the report in Sabah, the Adana Regional Court of Justice 2nd Civil Chamber rejected the woman's request for non-pecuniary damages. Following this, the woman took the divorce case to the Court of Cassation.

THE HUSBAND'S BEHAVIOR CONSTITUTES AN ATTACK ON PERSONAL RIGHTS

The 2nd Civil Chamber of the Court of Cassation issued a decision that has entered into case law. The ruling stated that the Turkish Civil Code provides that a party whose personal rights have been attacked due to events leading to divorce may request non-pecuniary damages from the party at fault. It was noted that the husband, who took out a loan without his wife's knowledge, incurred debt, and caused enforcement proceedings to be initiated and bailiffs to come to the home, was entirely at fault.

It was stated that these behaviors of the husband during the marriage also constituted an attack on the woman's personal rights, and it was ruled that the man must pay non-pecuniary damages.

The case file was overturned and sent back to the Regional Court of Justice Civil Chamber for the implementation of the decision.

News Source: 12punto