According to Article 38 of the Property Ownership Law, the manager is responsible for the floor owners as an attorney and is obliged to account for the floor owners according to article 39 of the same law. The acquittal of the manager by the floor owners board does not relieve him from the responsibility for […]

We have to keep the path of the hospital in daily life. So, sometimes we would like to go to the doctor even for a slight headache that we can not diagnose. Even as they get older, doctors become almost our greatest friends. For this reason, medicine has a special place in every stage of […]

Türk Medeni Kanunu’nun 165. Maddesi akıl hastalığı nedeniyle boşanma davasını düzenlemektedir. Eşlerden biri akıl hastası olup da bu yüzden ortak hayat diğer eş için çekilmez hale gelirse, bu hastalığın geçmesine olanak bulunmadığı resmi sağlık kurulu raporuyla tespit edilmek koşuluyla bu eş boşanma davası açabilir. Boşanma sebebi olan akıl hastalığı eğer evlenmeye engel olacak türden bir […]

The waiver of the inheritance takes place with a contract. The parties to this contract are the heir and the possible heir. Therefore, the inheritance is still in life. It can occur with or without acceleration. The heir with the waiver of inheritance gives up the heir to the prospective heir, wholly or partially. It […]

In a decision of the Supreme Court of Appeals 14th Civil Department, it has determined below about the statute of limitation in the sale promise contracts. Since no special limitation period is envisaged for the lawsuits arising from the contract for sale of immovable property, a ten-year limitation period shall be applied pursuant to the […]

The claimant is obliged to declare with the evidence that he will prove the facts with which he claims. The plaintiff should submit the documents at hand to the petition and provide information on where to bring the documents. (HMK art. 140/5.) If the subsequent assertion of an evidence does not aim to delay the […]

The conditions of the coupon are listed in article 776 of the Turkish Commercial Code numbered 6102 which is in effect as of the date of issue. These; coupon, the promise of paying a certain amount of unconditionally, maturity, payment place, beneficiary, the place and date of arrangement, is the signature of the organizer. If […]

According to the Code of Obligations, the landlord may receive a maximum deposit of 3 rent. The article titled desi the assurance of the tenant. By the Code of Obligations is as follows. ARTICLE 342- If the housing and roofed office rents are paid by the contractor for the assurance of the tenant, this assurance […]

Pursuant to Article 58 of the Code of Obligations No. 6098, any person who is attacked by an unlawful person may demand that his / her personal rights be violated. The purpose of non-pecuniary damage is to compensate for the deteriorating mental balance of the person whose right to personality is being attacked and to […]

The right of usufruct is a right of easement on the property or property of another person, which allows a certain person to make full use. The creation of the right of usufruct retains the value of the property, the property or the right of the property, while the benefits are allocated to a certain […]

The definition of defective goods is given in Article 8 of the Law No. 6502. According to this; defective goods, goods at the time of delivery to the consumer, the sample or model decided by the parties to be incompatible with the contract or the object does not have the features that should be contrary […]

In order for the court to examine and settle a case on the merits, all of the necessary conditions for its existence or absence are called the terms of the case. A case opened without a lawsuit is a pending case. Because the provisions and results of the case are opened at the moment. Therefore, […]

The owner of a building or other building works is obliged to remedy the damage caused by their deficiencies or maintenance deficiencies. The building and the building cannot claim proof of salvation in respect of payment of property damage (cannot avoid responsibility), but the right to recourse is reserved. Although the building and the building […]

An owner of an immovable property, the right to use the legal restrictions of this right as a result of the damage suffered or someone who is faced with the danger of harm, the situation can be reinstated, the danger and the damage suffered can be solved. The owner of the immovable property has responsibility […]

The person who continuously or temporarily undertakes an animal care and management is obliged to remedy the damage caused by the animal. The person is responsible for the damage caused by the loss even if there is no fault. This responsibility is not the responsibility of the defect but the responsibility of the cause. It […]

In the event that the tenant unilaterally terminates the lease before the end of the lease period, the tenant is obliged to pay the damage suffered by the landlord until the end of the lease period. The loss of the landlord consists of the rent money from the date of release until the date on […]

4721 numbered Turkish Civil Code sayılı II. Article 194, titled. Family Residence Aile is as follows. Lay Article 194- One of the spouses may not terminate the tenancy agreement regarding the family residence, transfer the family home or limit the rights to the family residence unless the other wife has clear consent. A spouse who […]

The General Assembly of the Supreme Court of Appeals defined the vested right as follows. Lar In a case, the right of a party arising out of the procedure of the court or the parties, and therefore the other which is against the other and which is obliged to be observed is called the acquired […]

According to the article 325 of the Code of Obligations, if the tenant leaves the house before the expiry of the time specified in the lease, the tenant will be liable for the reasonable amount of rent money, ie the loss of the landlord, until the house is re-rented. Reasonable period of time is that […]

Article 25 of the Labor Law regulates the right of immediate termination of the employer right. Accordingly, whether or not the term is specified, the employer may terminate the employment contract before the expiration of the term or without waiting for the notification period in cases where the employee does not comply with the rules […]

Those who do not have the power to discriminate are only liable if they require fairness and are perfectly responsible. It is hereby made to the discretion of the judge whether it is necessary to do so or not. The person who temporarily loses the power of discernment is obliged to remedy the damages it […]

…. COURT FILE NUMBER: REQUESTED: TURKISH IDENTITY NUMBER : ADDRESS: PROVISION: ADDRESS: OPPONENT : TURKISH IDENTITY NUMBER : ADDRESS: PROVISION: ADDRESS: SUBJECT: Objection to the Constitution. DESCRIPTIONS : 1- ../.., which is seen in your court against our client, is clearly against the Constitution which will be applied in the case file. Namely: a-) b-) […]

What is the right of personal easement? The right of easement is defined in article 779 of the Civil Code as follows. The easement right in favor of the immovable property is a burden placed in favor of another immovable on an immovable property. The compliance with the zoning legislation is confirmed. (Approval authority, the […]

According to Article 71 of the Law on Civil Procedure, anyone who has a license to file a lawsuit may open and pursue his case through himself or through the proxy appointed by him. In accordance with Article 72, the provisions of the Code of Obligations shall be applied to the case and the court […]

Turkish Civil Code 166/1. In order to decide on divorce in accordance with the article, the marriage union must be shaken to the extent that they cannot expect them to live a common life. The fact that the spouses continue to live together while the divorce proceeding continues shows that it is actually possible to […]

Labor receivables are regulated in the Labor Law No. 4857 and the remuneration, compensation, etc., which is the equivalent of the work and labor of the worker. monetary values. The problem of workers’ rights and receivables arises from the separation or removal of the workers from the workplaces. Most of the time, the employer and […]

In Turkish law, psychological harassment is expressed as repeated abuse, threatening violence, and humiliation, which are systematically applied to employees in the workplace by other employees or employers. The most obvious examples of psychological abuse; avoiding self-expression, interrupting, reprimanding loud, continuous criticism, acting as if the employee did not exist in business life, non-genuine rumors, […]

In the Criminal Procedure Code; It is stipulated that in every phase of the investigation and prosecution stages it may be desirable to release the suspect or accused. (CMK m.104 / 1) The continuation or release of the suspect or accused in custody shall be decided by a judge or a court. These decisions can […]

Our bankruptcy law of our household goods to 82/3. limitation. According to the Regulation ev except for precious things such as money, negotiable documents, gold, silver, precious stones, antiques or ornaments; if the item used for the same purpose is more than one, one of them may be ın handed over. According to the law, […]

In practice, the borrowers sell their assets in order to prevent the foreclosure of their existing assets and sell them as a sale in a fictitious way. The actions of the borrowers in the scope of the crime are not limited to these, even though some of the debtors are not indebted, but they are […]