Petition For Eviction Due To New Ownership TO THE HONORABLE COURT ……. PLAINTIFF: ……. ATTORNEY: ……. DEFENDANT: ……. SUBJECT: Eviction Due to New Acquisition and Necessity CASE VALUE: One Year’s Rent ……. EXPLANATIONS: 1-The defendant is a tenant of the former owner of the house recently purchased by our client. 2-The apartment located at ……. […]

What Is a Check? A check is a negotiable instrument governed by Book Three of the Turkish Commercial Code No. 6102, the Check Law No. 5941, and the regulations issued pursuant to these laws. A check is a type of negotiable instrument used to meet the needs of commercial life and to overcome the various […]

Rule Subject to Appeal The rule subject to appeal explicitly provides for a legal remedy to appeal a decision to defer the pronouncement of a sentence (HAGB). Grounds for the Application In summary, the application argues that, pursuant to Law No. 5271, HAGB decisions should not produce legal consequences; however, in recent years, laws and […]

In order for payment to be made on a check, the holder must present the check to the drawee. According to Article 796 of the Turkish Commercial Code, the presentation periods for checks are as follows: If the check is to be paid at the place where it was drawn, ten days; If it is […]

Facts The applicant claimed that he was unable to access his properties in the village he was forced to abandon in 1994–1995 due to terrorist incidents and, on December 6, 2017, filed a claim with the Damage Assessment Commission (Commission) seeking compensation for damages resulting from the inability to access the property for the period […]

Application For Age Correction TO THE HONORABLE COURT ……. PLAINTIFF: ……. ATTORNEY: ……. DEFENDANT: ……. REGISTRY OFFICE SUBJECT: REQUEST FOR CORRECTION OF AGE EXPLANATIONS: 1-Our client’s minor child, born on ……. , was mistakenly registered in the population registry as having been born on ……. 2-Our client’s child was born at home. There is no […]

The duration for which the holder retains the right of recourse against the endorsers, the drawer, and other parties liable on the check, or the duration for which one party liable on the check retains the right of recourse against another, is governed by Article 814 of the Turkish Commercial Code, titled “Statute of Limitations.” […]

Negative Determination And Restitution Cases – Case Law Although the plaintiff denied the signature on the promissory note, the Forensic Medicine Institute’s report determined that the signature on the promissory note was made by the plaintiff’s hand; although it is necessary to examine signatures predating the document’s date, it has been established that even signatures […]

In the case of negotiable instruments, the debt must be proven only by a written document of equal value or by evidence in the form of an oath constituting conclusive proof; the request for cross-examination regarding regarding why the instruments in question were received or in exchange for what property is unfounded, and that the […]

Although it has been alleged that the promissory notes forming the basis of the claim in this case were “issued in reliance on cash amounts delivered in person,” given the substantial amounts involved in the notes, it “does not appear consistent with the ordinary course of life that the cash was delivered in person to […]

The Concepts Of The “Principle Of Abstraction” And The “Ordinary Course Of Life” In Practice We observe that the “principle of abstractness” and the “contrary to the ordinary course of life” criterion in negotiable instruments have largely prevented the filing of “actions for negative declaration regarding negotiable instruments,” and in particular, that the 19th and […]

The Concepts Of The “Principle Of Abstraction” And The “Ordinary Course Of Life” In Practice 2 In an incident that took place years ago; A jobless young man, living off the allowance he received from his grandmother with whom he lived, dressed someone up in a “deliveryman” uniform, handed them an empty package, and sent […]

In an incident that occurred on September 4, 2018; On this date, a courier who arrived at the company’s headquarters insisted on “speaking with a company representative,” stating, “I am from the Office of the President; I have come to deliver a magazine that our President sends exclusively to businesspeople,” and handed over a magazine […]

In another case; The plaintiff’s attorney summarized in the “complaint” that “…the client is a limited company with a single partner and a capital of 1,050,000.00 TL, and the amount of the check in question is 500,000.00 USD (approximately 3, 200,000.00 TL), that it is contrary to the normal course of life for the client […]

Request To Update Accounts Receivable ANTALYA …….. EXECUTION DIRECTORATE, FILE NO: ………. E. REQUEST: The decision has been made in the file of your office with the above reference number, in accordance with the Antalya … Consumer Court ……..E. And …….. K. Numbered file, and we respectfully request that the debt items be updated and […]

After drawing up a will, notaries inform the relevant civil registry office so that this information can be recorded in the testator’s civil registry. In practice, magistrates are generally informed of the existence of a will upon notification by the civil registry offices. Once the magistrate’s court is informed of the existence of a will, […]

REGISTRATION OF THE WILL WITH THE LAND REGISTRY Once the decision to execute the will has been made and this decision has become final, the court issues a document (certificate of inheritance) to the legal and appointed heirs who request it, confirming their status as appointed heirs. a) Registration Request by Legal Heirs: Legal heirs […]

1) Requesting Registration in the Name of the Beneficiary by the Heirs: The heirs or the executor of the will may directly register this specific property in the name of the beneficiary based on the certificate of inheritance, a certified copy of the will, and the enforcement decision. This situation constitutes an exception to the […]

Eviction Of The Tenant – Supreme Court Decision Legal Department 2016/4558 E., 2016/3822 K. “Case Law Text” COURT: Conciliation Court CASE TYPE: Eviction of tenant The decision issued by the local court regarding the eviction case with the above date and number was appealed by the plaintiff and defendant within the specified time limit. All […]

Legal Department 2013/14078 E., 2014/6778 K. “Case Law Text” COURT: Bursa 4th Civil Court of First Instance DATE: 06/27/2013 NUMBER: 2010/37-2013/621 The decision rendered by the local court in the compensation case referenced above by date and number was appealed by the defendant within the prescribed time limit. All documents in the file were reviewed, […]

Legal Department 2015/7331 E., 2015/9163 K. “Case Law Text” COURT: Istanbul 5th Civil Court of Peace DATE: 12/11/2013 NUMBER: 2013/657-2013/740 The decision issued by the local court regarding the eviction case with the above date and number was appealed by the defendant within the time limit and by the plaintiff after the time limit had […]

REQUEST FOR FOLLOW-UP Sample No: 1* 1-The creditor’s and legal representative’s, if any, and ………………………………………………………….. attorney’s name, surname, tax identification number ………………………………………………………….. and address of residence, creditor foreign …………………………………………………………. residing in Turkey, the address to be provided in Turkey (Creditor’s name, surname, and address, along with their Turkish ID address of residence : Number to […]

Payment Order Example In Enforced Proceedings Sample No.: 4-5 Republic of Turkey …………………….Enforcement Office File No.: …………………… FOR THE ENFORCEMENT OF JUDGMENTS RELATING TO THE PAYMENT OF MONEY OR THE PROVISION OF SECURITY OR THE PERFORMANCE OR NON-PERFORMANCE OF A WORK, OR THE REMOVAL OF A RIGHT OF USUFRUCT OR A RIGHT OF USE ON […]

Sample No. 7 Republic of Turkey …………………….Enforcement Office File No.: …………………… PAYMENT ORDER IN ENFORCEMENT WITHOUT JUDGMENT 1. Name, surname, tax identification number, and address of the creditor and, if applicable, their legal representative and attorney; if the creditor resides in a foreign country, their address in Turkey : 2. Name, surname, and address of […]

Sample Objection Letter To The First Attachment Notice TO THE ISTANBUL ……. EXECUTION DIRECTORATE FILE NO: ……….E. FIRST ATTACHMENT NOTICE OF ATTACHMENT OBJECTING PARTY:……… ATTORNEYS: Attorney……….. CREDITOR: ……….. ATTORNEY: Attorney…………. DEBTOR:…………. EXPLANATIONS: We are the attorneys of ………….. pursuant to the attached power of attorney and authorization document. (ATTACHMENT-Power of Attorney and Authorization Document) The […]

Republic of Turkey ANKARA .. EXECUTION DIRECTORATE FILE NO.: Sample No.: 20 FIRST ATTACHMENT NOTICE 1-Third party’s name, surname and address : 2-Creditor’s and, if applicable, representative’s name, surname and address : 3-Debtor’s and, if applicable, representative’s name, surname and address : 4-What the attachment relates to and the amount for which the attachment is […]

Events The entire property with a land area of 3,799 m², parcel number 768, block number 1813, is registered in the land registry in the name of I.M. and the applicant’s deceased relative M.M. at a ratio of 1/2. In the same neighborhood, 14,499/18,870 shares of the 18,130 m² plot of land with the parcel […]

Tax Office Settlement Commission Presidency NAME AND SURNAME OF THE PERSON REQUESTING SETTLEMENT :………………………………………………………… FULL ADDRESS :……………………………………………………….. ACCOUNT NUMBER :………………………………………………………….. HOME OR WORK PHONE NUMBER :………………………………………………………… DATE OF ISSUANCE AND PREPARATION OF THE NOTICE SERVED :……../……../…………. VOLUME AND SERIAL NUMBERS :…………………………………………………………………………… DATE OF NOTIFICATION OF THE NOTICE :……../……../…………. We wish to reach an agreement regarding […]

Events The applicant graduated from the law faculty of a university abroad that was granted national equivalence by the Council of Higher Education (YÖK). Subsequently, YÖK did not grant equivalence to the applicant’s bachelor’s degree, stating that the length of time spent in the country was insufficient for legal education. Upon this, the applicant filed […]

Sample Petition For Correction Of Inheritance Certificate TO THE HONORABLE JUDGE OF THE CIVIL COURT OF PEACE PLAINTIFF: ATTORNEY: DEFENDANT: SUBJECT: This petition requests the correction of incorrect information in the inheritance certificate. EXPLANATIONS 1-Our client’s stepfather XXXXXX and mother XXXXX passed away as a result of a traffic accident on XX/XX/2017. As can be […]