What is Moral Damages Due to Breach of Contract?

Breach of Contract

Breach of contract creates legal liability between the parties to the contract. Individuals are free to determine the terms of the contracts they enter into, and the only limit is the violation of mandatory provisions of the law and general moral rules. Such provisions in contract elements are void. Contractual provisions outside of this are legally binding on the parties. Material or moral damages arising from breach of contract are the responsibility of the party breaching the contract. You can find comprehensive information about breach of contract by visiting the website. If one of the contract parties fails to fulfill its obligations, it must compensate for the negative and positive damages incurred by the other party. Positive damage is the material damage that arises from the non-fulfillment of the contract terms. Negative damage, on the other hand, is the expense incurred in reliance on the contract being adhered to and the profit lost for this reason. Negative damage is among the elements of material compensation.

How Does Breach of Contract Occur?

Moral damages are compensation paid to cover the suffering, sadness, and grief experienced by the victim as a result of an attack on their personal rights. Moral damages are included in the provisions of the Turkish Code of Obligations regarding tort liability. Article 56 of the relevant law regulates moral damages in cases of bodily harm and death, while Article 58 regulates moral damages in cases of violation of personal rights. It has been accepted that the regulation in the second paragraph of Article 114 of the Turkish Code of Obligations, which states that tort provisions apply in cases of breach of contract, also covers compensation for moral damages. For a debt of moral damages to arise due to breach of contract, there must be a valid contract between the parties, one of the parties must breach the contract, and as a result, the personal rights of one of the parties must be violated. Breach of contract occurs when one of the two parties does not comply with the principles set out in the contract.