Statute of Limitations in Actions for the Cancellation of Dispositions In actions for the cancellation of dispositions, there is a statute of limitations, not a period of prescription. According to Article 278 et seq. of the Turkish Code of Obligations (İİK), the nullification of dispositions made by the debtor “without consideration” or “in a state […]
Precautionary Attachment Order Provisional Attachment Order (TCC 257) Provisional attachment is the temporary seizure of the debtor’s property by court order to ensure the timely payment of the creditor’s due monetary claim. Provisional attachment may be carried out before a lawsuit is filed or enforcement proceedings are initiated. If the creditor is concerned that the […]
Provisional Attachment Order 2 COMPLEMENTARY PROCEDURE FOR PROVISIONAL ATTACHMENT (FINALIZATION) The creditor must carry out the supplementary ceremony in order to convert the provisionally seized assets into final seizure and thereby obtain the authority to request their sale. The creditor must initiate proceedings against the debtor or file a claim within 7 days of the […]
Objection To The Precautionary Attachment A provisional attachment order is a type of temporary legal protection aimed at ensuring that the creditor receives their claim. When a provisional attachment order is issued, the debtor’s assets are temporarily seized. The court may issue a provisional attachment order at the creditor’s request. When deciding on provisional attachment, […]
3. Competent and Authorized Court for Objecting to Provisional Attachment Objections to a provisional attachment decision must be made to the court that issued the provisional attachment decision. The review must also be conducted by the same court and in a hearing. The Supreme Court decisions below emphasize these points: “According to the Izmir 1st […]
Petition To Submit Original Documents Pursuant To The Interim Decision ISTANBUL … CIVIL COMMERCIAL COURT PRESIDENCY FILE NO: 2022/…. Main PLAINTIFF: ATTORNEYS: Attorney….. DEFENDANT: SUBJECT: Submission of original DOCUMENTS as required by the interim decision of the hearing dated ……………………… EXPLANATIONS In the hearing dated ……………………….. of the case numbered above, which is pending before […]
The lawsuit for cancellation of the tender is a lawsuit that allows for the cancellation of the tender conducted by the enforcement office if any violation of the law is found in the tender. In fact, the cancellation of the tender is more of a complaint than a lawsuit. What are the reasons for canceling […]
When Can a Lawsuit for Cancellation of the Tender Be Filed? A lawsuit for cancellation of the tender must be filed within 7 days of the tender date by submitting a complaint. The exception to this is if the circumstances leading to the cancellation of the tender are learned of later. In this case, the […]
What is a Reduction Action in Inheritance? A reduction action is a lawsuit filed to remedy the infringement of the inheritance rights of heirs with a reserved share by the testator exceeding their freedom of disposition and to bring the testator’s disposition within legal limits. A reduction lawsuit is a lawsuit related to inheritance law […]
Inheritance Reduction Case And Reserved Share 2 What Are Reserved Shares in Inheritance Law? In inheritance law, a reserved share is a specific percentage of the legal inheritance share that is protected against certain dispositions by the testator that infringe upon the inheritance rights. The testator cannot dispose of these percentages. The inheritance rights of […]
Reduction Case The invalidation of certain death-related and inter vivos transfers made by the decedent (the person leaving the inheritance) to the extent that they violate the reserved shares of the reserved heirs (i.e., exceed the decedent’s disposal ratio); in other words, if a performance obligation arises from these transactions, the reduction refers to the […]
What are Fraudulent Conveyance and Concealment of Assets from Inheritance? Fraudulent conveyance is an agreement between parties to enter into a contract that does not reflect their true intentions, which appears valid but has no legal effect between them, with the aim of deceiving third parties. For example, an heir who transfers real estate to […]
Who Can File a Fraudulent Conveyance Lawsuit? It has been stated that any heir whose inheritance rights have been violated, whether they are a hidden beneficiary or not, can file a lawsuit and prove the fraud with any type of evidence. Legal heirs, appointed heirs, or adopted children can also file this lawsuit. However, persons […]
CIVIL COURT OF FIRST INSTANCE PLAINTIFF: ATTORNEY: DEFENDANT: SUBJECT OF THE CASE: Material damages (…… TL) due to infringement of the right to a name FACTS: 1- The plaintiff is a well-known and respected author throughout the country under his client’s name and works. 2- Although the defendant’s real name is different, he/she intentionally uses […]
Am I Responsible For Damage And Loss In The Common Areas Of The Apartment Building? Condominium owners are obligated to contribute to expenses and damages in proportion to their share of the land, regardless of whether they use the common areas listed in the law, unless there is a different agreement among them. Repairs to […]
Events The applicant’s brother, Y.D., and his brother’s friend, E.K., were dismissed from their jobs under the state of emergency decrees (OHAL KHK). During this process, E.K. began protesting his situation through various activities. The applicant, a documentary filmmaker, wanted to make a documentary film to highlight the problems experienced by people dismissed from public […]
CIVIL COURT OF FIRST INSTANCE PLAINTIFF: ATTORNEY: DEFENDANT: SUBJECT OF THE CASE: Material and Moral Damages in the Amount of ……. TL for Violation of Personal Rights. FACTS: 1- The plaintiff is a well-known doctor who is respected and admired in his community, whose success is widely recognized, and who has a large potential client […]
Who Can Attend The Condominium Owners’ Association Meeting? The main property is managed by the condominium owners’ association, and the management style is determined by this association, subject to the mandatory provisions of the law. The condominium owners’ association meets at least once a year at the times specified in the management plan; if no […]
Events The applicants participated in various meetings in Ankara on different dates to protest their own dismissal from public office or dismissals in general and the practices during the state of emergency, and to support former teacher S.Ö. and former academic N.G., who had begun a hunger strike due to their dismissal from their positions. […]
COURT OF PEACE PLAINTIFF: PLAINTIFF’S ATTORNEY: DEFENDANT: SUBJECT OF THE CASE: Request for eviction due to the need for substantial repairs to the leased property. FACTS: 1- The Defendant Tenant …, is residing as a tenant in the apartment located at ………… address, ……. district, ……. province, owned by my client the Lessor ….., pursuant […]
What Are the Rights of the Lessor? In order for the lessor to evict the tenant due to housing needs, the lease agreement must have expired. – Termination by notice: Pursuant to the relevant provisions of the law, in residential and commercial leases, as a rule, the lessor does not have the right to terminate […]
Violation Of Freedom Of Expression And The Right To Organize Meetings And Demonstrations Due To Decisions To Postpone The Announcement Of Judgments Events The applicants were sentenced to imprisonment or fines for expressing their opinions in various ways or for their actions at meetings and demonstrations they attended, but were placed under supervision for five […]
Petition For Eviction Due To New Acquisition Of The Leased Property COURT OF PEACE PLAINTIFF: PLAINTIFF’S ATTORNEY: DEFENDANT: SUBJECT OF THE CASE: Request for eviction due to new acquisition of the leased property. FACTS: 1- Defendant Tenant …, acquired ownership of the apartment located at …………. address in ………… district, ………… province, on …… date, […]
Request For Removal Of Attachment Pursuant To Articles 106-110 Of The Enforcement And Bankruptcy Code ANKARA … EXECUTION DIRECTORATE FILE NO: …… E. We are acting as representatives pursuant to the attached power of attorney. The attachments placed on your office’s file with the above reference number have not been renewed within one year, nor […]
FINALIZATION OF THE CADASTRE Articles 11 and 12 of the Cadastre Law (KK) pertain to the announcement and finalization of cadastre records. According to Article 11 of the KK, “The cadastral director shall prepare the posting schedules based on the findings made according to the cadastral records; he shall post these schedules and map samples […]
Petition In Response To The Valuation Objection Case TO THE 1ST EXECUTION COURT OF ALANYA FILE NO.: ……… DEFENDANT: ……….. ATTORNEYS: Attorney …………….. PLAINTIFF: ……………. SUBJECT: Submission of our response to the lawsuit. EXPLANATIONS: We are the attorneys of ……………. pursuant to the attached power of attorney. Enforcement proceedings were initiated against the plaintiff ………….. […]
ANTALYA PEACE COURT OF LAW TO THE HONORABLE JUDGE ENFORCEABILITY PLAINTIFFS PLAINTIFF: ………….. ATTORNEY: Attorney……………… OTHER PARTY: …………….. ADDRESS: ………………….. SUBJECT OF THE REQUEST MEDIATION DOCUMENT: Antalya Mediation Office, …………. Mediation ………….. Office No., Mediation Agreement Document SUBJECT: Our request is for an enforceability clause to be added to the Mediation Agreement document, the details […]
AUTHORIZATION CERTIFICATE ATTORNEY ISSUING THE AUTHORIZATION CERTIFICATE: Attorney…………….. Bar Association and Registration No.: Antalya – …………. Tax Office and Registration No.: ……………… Address: …………………….. ATTORNEY AUTHORIZED: Attorney……………… Bar Association and Registration No: Antalya – …………….. ATTORNEY AUTHORIZED: Attorney ………… Bar Association and Registration No: Antalya – ……………. PRINCIPAL: ……………………COMMERCIAL JOINT STOCK COMPANY Address:…………………… Supporting Power […]
Submission Of Petition Regarding The Case Being Left Without Subject Matter ANTALYA …………….CONSUMER COURT FILE NO: …………….. E. PLAINTIFF: …………. ATTORNEYS: Attorney……………. DEFENDANT: ………………….. SUBJECT: This is to report that the case has become moot. EXPLANATIONS: Regarding the case file specified above with the file number and parties, a protocol has been signed between the […]
Request For The Closure Of The Instruction File Of The Enforcement File Closed By External Collection ANTALYA GENERAL ENFORCEMENT OFFICE FILE NO.:…………. E. REQUEST: The file of your office with the above reference number was enforced by external collection on 24/03/2022 and closed via the Uyap System. Due to this file, an instruction file has […]
