On June 18, 2024, the Constitutional Court unanimously ruled in Consideration No. 4/2024 that Section 1523, Paragraph 2 of the Civil and Commercial Code (CCC)  which states that:

“A husband may claim compensation from a person who has committed adultery with his wife; likewise, a wife may claim compensation from another woman who openly declares herself to be in an adulterous relationship with the husband.” — is in conflict with or contrary to Section 27, Paragraphs 1, 2, and 3 of the Constitution, which state that:

“All persons are equal before the law, and shall enjoy equal rights, liberties, and protections under the law.
Men and women shall enjoy equal rights.
Unjust discrimination against a person on grounds of difference in origin, race, language, sex, … or any other reason shall not be permitted.”

What is an adultery lawsuit?

It is a legal right of a spouse to file a claim for compensation against a third party who has engaged in an adulterous relationship with their partner, thereby damaging the marriage. (This is in accordance with Section 1523 of the Civil and Commercial Code.)

Previous Law:

The law used only the terms “husband and wife,
which meant same-sex couples could not file adultery lawsuits,
even if they had been in long-term relationships.

What will change with the new law?

The wording will be changed from “husband and wife” to “spouse.”
This grants equal rights to same-sex spouses
to claim compensation for infidelity,
protecting the stability of all marriages equally.