Haksız İhtiyatî Tedbir Tazminat Davası zarar normatif zarar teorisi Kullanım İmkânından Yoksun Kalma
Action for compensation based on unfair preliminary injunction is enacted
at the article 399 of Code of Civil Procedure. Party, who had suffered damage
due to unfair preliminary injunction, can claim for damages under the
conditions of this article. One of the issues that may be subject of claimant’s
requests is the damage which is due to not being used of subjected good for a
while. It will be the subject of the theory of normative damage whether situation
of not being used a good for a while will cause damage or not. The theory of
normative damage, which is not accepted in Turkish Law, shouldn’t be
considered in term of action for compensation based on unfair preliminary
injunction. Because, possibility of using a good isn’t an independent value of
property in our legal system, in which difference theory accepted. In addition,
the theory of normative damage has emerged in order to overcome the limitation
of moral damages in German Law. There is no limitation in Turkish Law, so the
same conclusion can be achieved by the existing rules. Therefore, there is no
need to resort the theory of normative damage for the action for compensation
based on unfair preliminary injunction.
Unfair Preliminary Injunction Action for Compensation Damage Theory of Normative Damage Lack of the Possibility of Use
Primary Language | Turkish |
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Subjects | Law in Context |
Journal Section | Research Article |
Authors | |
Publication Date | December 26, 2019 |
Submission Date | May 23, 2019 |
Published in Issue | Year 2019 Volume: 21 Issue: 2 |
Dokuz Eylül University Law Review
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