Abstract
This document constitutes the translation of the judgment rendered by the Constitutional Court of the Republic of Turkey in the application of Caner Şafak on 8 July 2025, which was published in the Official Gazette on 29 September 2025. The aforementioned judgment concerns the issue of excessive (or additional) damages, a matter that has long been debated and that poses a challenge to legal foreseeability in Turkish Legal System. In the individual application proceedings, it was decided to apply the pilot judgment procedure to a situation involving an evidentiary dispute as to whether, in an inflationary economy, the loss arising from delayed payment of monetary debts—which cannot be compensated merely by default interest—must be concretely proven, or whether such loss is presumed to occur solely due to the existence of inflation.
Keywords
References
- www.anayasa.gov.tr
Details
| Primary Language | English |
|---|---|
| Subjects | Comparative Law |
| Journal Section | Translation |
| Translators | |
| Submission Date | October 28, 2025 |
| Acceptance Date | December 30, 2025 |
| Publication Date | December 30, 2025 |
| Published in Issue | Year 2025 Volume: 1 Issue: 2 |