Violation Of The Right To Respect For Private Life Due To Prohibition Of Intervention Events The applicant, who is a lawyer, wanted to attend the testimony of his client after he was taken into custody for being a member of an armed terrorist organization, but he was not allowed to attend the testimony. The Chief […]

19TH CIVIL CHAMBER OF THE COURT OF CASSATIONT. 01.02.2006 E.2005/10973 K.2006/742BY “AMENDING” THE ANNULMENT OF OBJECTION CASECONVERSION TO A DEBT CLAIMSUMMARY: It is possible to convert the lawsuit filed as a cancellation of objection lawsuit into a debt lawsuit by filing a petition for amendment. (2004/m.67 1086/m.83)DECISION : The plaintiff’s attorney stated that the enforcement […]

15TH CIVIL CHAMBER OF THE COURT OF CASSATIONT. 23.01.2006 E. 2005/7729 K. 2006/173ANNULMENT OF OBJECTIONFINALIZATION AS A DEBT CASE WITH AMENDMENTSUMMARY : While the case is related to the “cancellation of the objection” to the execution proceeding based on Article 67 of the EBL, since the “amendment” petition submitted by the plaintiff’s attorney requested the […]

11TH CIVIL CHAMBER OF THE COURT OF CASSATIONT. 16.06.2003 E. 2003/797 K. 2003/6447THE CAUSE OF ACTION CAN BE CHANGED IN THE ANNULMENT OF OBJECTION CASE.IT CAN BE CONVERTED INTO A DEBT CASE WITH AMENDMENTSUMMARY : While the lawsuit is a request for “cancellation of the objection” for the collection of the plaintiff’s receivable from the […]

9TH CIVIL CHAMBER OF THE COURT OF CASSATIONT. 24.09.2001 E. 2001/15124 K. 2001/14417ANNULMENT OF OBJECTIONSIMULTANEOUS NON-COLLECTION OF THE RECEIVABLESUMMARY : Cancellation of the objection and collection of the receivable cannot be requested together. In such a case, the court should have the plaintiff explain whether the lawsuit is for the cancellation of the objection or […]

13TH CIVIL CHAMBER OF THE COURT OF CASSATIONT. 09.02.2009 E. 2008/9694 K. 2009/1327ANNULMENT OF OBJECTIONCAN BE CONVERTED TO A “RECEIVABLE” CASE WITH AMENDMENTSUMMARY : The plaintiff requested the “annulment of the objection” in the petition of the lawsuit; later on, with the “amendment” petition, the plaintiff requested the lawsuit to be considered as a “debt […]

19TH CIVIL CHAMBER OF THE COURT OF CASSATIONT. 01.07.1994 E. 1994/5279 K. 1994/7130CANCELLATION OF THE OBJECTION AND COLLECTION OF THE RECEIVABLENO DECISION CAN BE MADEBUT THE CASE CAN BE CONVERTED INTO A DEBT CASESUMMARY : In annulment of objection cases, the judge shall be satisfied with the annulment of the objection and shall not decide […]

Deceased’s Loan Debt and Life Insurance It is a matter of curiosity what will happen to the loan debt of people who take out a loan and die without paying their debt. The importance of life insurance as a protective factor emerges here. If the borrower has credit life insurance, the remaining loan debt obligation […]

WHAT ARE THE CONDITIONS FOR THE INSURANCE COMPANY TO PAY? Although credit life insurance is not compulsory for individuals when obtaining a loan, banks prefer to have it. Life insurance can be taken out without a mortgage, personal loan or car loan. This is the right choice for those who will take out a loan. […]

Occupational Disease Compensation Case What is Occupational Disease? An occupational disease is a temporary or permanent illness, physical or mental disability that the insured person suffers due to a recurring cause arising from the nature of his/her work or the conditions of his/her work (Article 14 of Law No. 5510). Law No. 6331 on Occupational […]

Statute of Limitations for Occupational Disease Compensation The statute of limitations for occupational disease compensation is 10 years (Art. 146 of the Code of Obligations No. 6098). The statute of limitations for compensation actions starts from the date the perpetrator and the damage are learned. The concept of learning the damage in an occupational disease […]

Application Petition For Enforceability Certificate TO THE HONORABLE JUDGE OF THE MAGISTRATE LAW COURT ENFORCEABILITY WANTED REQUESTER : Address : PROXY : Address : OTHER PARTY : Address : Subject of Request Mediation certificate : ………………. Mediation Bureau, ….. Mediation No., …… Bureau No., Mediation Agreement Document SUBJECT : The Mediation Agreement that we have […]

What Is Tehiri Enforcement (Stay Of Execution)? What is Tehiri Enforcement (Stay of Execution)?Stay of execution, also known as deferral of execution, is a very important legal remedy that the debtor may apply in enforcement proceedings with judgment initiated against the debtor. With the conclusion of the deferred enforcement proceedings initiated by the debtor in […]

Stay of Execution – Suspension of Execution ProcessAs stated above, there is no need to wait for the finalization of the judgments in order for them to be enforceable. The exception to this is only those judgments that cannot be executed before finalization. Tehiri icrai (stay of execution) prevents the creditor of the enforcement proceedings […]

WHAT IS THE CRIME OF DRUG TRAFFICKING?The crime of trafficking in narcotic drugs is regulated as an optional offense that occurs in the presence of any of the acts of “selling, offering for sale, giving to others, shipping, transporting, storing, purchasing, accepting, possessing” narcotic drugs within the country. Accordingly, the offense will occur if only […]

WHAT IS THE CRITERION OF “ANNUAL USE” IN DRUG TRAFFICKING OFFENSES?In the trial of drug offenses, the criterion of “annual use amount”, which is a criterion determined by the Court of Cassation, is important in determining whether the narcotic substance is within the scope of use or trade. However, the Court of Cassation finds it […]

Contract Of Maintenance For Life WHAT IS A MAINTENANCE CONTRACT UNTIL DEATH?When the regulations and definitions in the Turkish Civil Code are taken into consideration, the contract of maintenance until death can be defined as a contract that obliges both parties, is formal, dependent on chance and coincidence, where the maintenance debtor undertakes to take […]

WHAT IS COLLUSION IN A SURVIVORSHIP CONTRACT?In old age or illness, the beneficiary may enter into a maintenance contract with one of the heirs or a third party to provide security for himself/herself or because of the fear of being alone. It is only possible to determine the will of the heir whether such a […]

WHAT IS CONDITIONAL RELEASE (PAROLE)?Conditional release is a penal execution institution that allows the convict, who has spent the part of the binding sentence prescribed by the law with good behavior, to be released by the decision to be taken by the authority before the end of the entire period of conviction on the condition […]

WHAT ARE THE CONSEQUENCES OF CONDITIONAL RELEASE (CONDITIONAL RELEASE)? The conditionally released convict may be subjected to the supervision period stipulated in Article 107/6 of the CGTIK. The period of supervision envisaged by the CGTIK and to which the conditionally released convict will be subjected is the duration of the time to be spent by […]

WHAT IS A CITIZENSHIP LAWYER?A citizenship lawyer is a self-employed person who follows the works and transactions related to citizenship law within the scope of the Law on Private International Law and Procedural Law, Turkish Civil Code, Turkish Code of Obligations, Turkish Commercial Code, Turkish Criminal Code, International Conventions and other laws within the scope […]

WHAT IS A FIDUCIARY TRANSACTION?A fiduciary transaction is defined as a contract whereby the believer agrees to transfer a right or thing within its assets to the believer for a certain period of time or purpose, in order to be used as security for a debt or to be managed, and the believer agrees to […]

WHAT IS REPETITION IN CRIME?Repetition in crime is regulated in Article 58 of the Turkish Penal Code No. 5237: “(1) In the event that a new crime is committed after the judgment given for the crime committed previously has become final, the provisions of repetition shall apply. For this purpose, the sentence need not have […]

What Is The Period For Filing An Annulment Lawsuit? Annulment actions are of two types: “general time for filing a lawsuit” and “special time for filing a lawsuit”, depending on the nature of the action: General Period for Filing an Action: The general period for filing an annulment action is 60 days in the Council […]

Jewelry Case WHAT IS AN ADORNMENT CASE?Jewelry is defined as ornaments made of precious metals such as gold and silver and worn by people. In terms of our subject of examination, it is possible to define jewelry as gifts given to the bride and groom on the occasion of marriage. In this context, jewelry such […]

IN THE JEWELRY CASETwo things are essential in a trinket case. These are the existence of the jewelry and the proof of its inheritance. Firstly, the existence of the adornment must be proved. According to the practice, the burden of proof on this issue generally belongs to the plaintiff woman, who is the party requesting […]

WHAT IS A SERVICE DETERMINATION LAWSUIT?The service determination lawsuit is a determination lawsuit filed by the employee against the employer and the Social Security Institution in the labor courts called “service determination”, which are the periods for which premiums are not paid. These premiums will be collected from the employer by determining the premium according […]

Violation Of The Right To Personal Liberty And Security Due To Unjust Detention At The Courthouse Events The applicant, who is a lawyer, entered the courthouse by unlocking the entrance reserved for the disabled as the lawyer turnstile was out of order. When the applicant showed his ID card to the police officer Y.Ç. on […]

KVKK Clarification Text WHAT IS PERSONAL DATA?Personal data is defined in the Law No. 6698 on the Protection of Personal Data. Personal data refers to any information relating to an identified or identifiable natural person. According to the Law, the 3 basic elements that the concept of personal data should have are as follows: Belonging […]

WHAT IS THE PERIOD OF IDDAT?The period of iddat, also known as the waiting period, refers to the period that a woman whose divorce case is finalized must wait by law to remarry. This period is determined as 300 days in the law. The woman who does not want to wait for this period can […]