Litigation and Alternative Dispute Resolution

Author: Ceren Eke

Introduction

The issue of proving damages in cases related to the excess damages is frequently subject to the examination and evaluation of both the Supreme Court and different chambers of the Court of Cassation. With its decision dated 29.03.2022 and numbered 2021/928 E. 2022/401 K., the Court of Cassation General Assembly of Civil Chambers ("General Assembly") once again addressed this issue and decided that the plaintiff must prove their excess damages with concrete facts peculiar to their situation. In this article, the relevant decision is analyzed and the different opinions in the judicial decisions are given.

The Case at Hand

In the case subject to the decision, a lawsuit was filed for the collection of excess damages.

The plaintiff claims that the money they deposited was transferred to another account improperly, that their receivable was accepted by a court decision, that they were able to collect their receivable 16 years later and only with the advance interest charged on the principal, but that they incurred a large amount of excess damage that could not be covered by default interest, that if they had received their receivable on time, even if they had not invested it, they could have made use it by earning interest on the interest, thus preserving the real value of the money, and that the purchasing power of their money has been significantly reduced due to the charging of interest only on the principal.

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