What Are The Rights Of A Divorced Woman? A divorce case is a lawsuit filed by the spouse who wants to divorce. Divorce cases are divided into two types: uncontested divorce cases and contested divorce cases. In general terms, the rights of women in divorce proceedings are as follows: Right to Live Separately Right to […]
Events The applicants were publishers of national newspapers at the time of the events. The applicants objected to the Press Advertising Agency’s (BİK) decision to suspend their official announcements and advertisements for various periods due to certain news articles and opinion pieces published in their newspapers. Their appeals were rejected by the relevant courts of […]
Title Deed Cancellation And Registration Case TO THE HONORABLE COURT REQUEST FOR PROVISIONAL MEASURES ……. PLAINTIFFS:……. ATTORNEY:……. DEFENDANT:……. SUBJECT: Cancellation and registration of title deed VALUE: ……. EXPLANATIONS: 1-Our clients are children of a family with six siblings. Having lost their father long ago, our clients, being the youngest, Ayşe, had to take care of […]
Can You Use Your Ex-Spouse’s Last Name? According to the Turkish Civil Code, upon marriage, a woman takes her husband’s surname. In the event of divorce, the woman retains the personal status she acquired through marriage; however, she reverts to her surname prior to marriage. “However, in the event of divorce, this situation may result […]
Violation Of Freedom Of Expression Due To Termination Of Employment Contract Because Of Social Media Posting Events The applicant worked at the Public Health Directorate (the Institution) under a fixed-term employment contract with a private company (subcontractor). The applicant posted a personal message on their social media account addressing the pressure faced by subcontracted workers […]
Eviction Petition Due To Breach Of Contract TO THE HONORABLE COURT ……. PLAINTIFF:……. ATTORNEY:……. DEFENDANT:……. SUBJECT: Eviction Due to Breach of Contract CLAIM VALUE: Annual Rent ……. EXPLANATIONS: 1-The Defendant has been residing as a tenant in the office located at ……. belonging to our Client, paying rent under a written lease agreement dated ……. […]
As the name suggests, this is a type of case where spouses who wish to end their marriage have reached an agreement on divorce. At the same time, the couple must also have reached an agreement on matters such as alimony, compensation, property division, and custody along with their decision to divorce. Unlike contested divorce, […]
Events On the day of the incident, three individuals called the 155 Police Emergency Hotline to report that Y.C.C., a relative of the applicants, was using drugs in a park. Following these reports, police officers M.C. and S.P. arrived at the scene. During the ensuing altercation between the officers and Y.C.C., the officers sprayed pepper […]
Company Dissolution Petition TO THE HONORABLE COURT ……. PLAINTIFF:……. ATTORNEYS:……. DEFENDANTS:……. SUBJECT: Dissolution of the Company EXPLANATIONS: 1-Our client ….. and the defendants ……. and ……… established ……. Transportation Marketing Ltd. Co. on ../../…. as published on page ….. of the Turkish Trade Registry Gazette No. ……. 2-Pursuant to the decisions recorded in the 1st […]
Violation Of The Right To Respect For Private Life Due To The Construction Of A Wholesale Market On Neighboring Property Events A decision was made to approve an investment to build a wholesale fish and seafood market on a parcel adjacent to the site owned by the applicant. The applicant filed a lawsuit in the […]
TO THE HONORABLE COURT PLAINTIFF:……. ATTORNEY:……. DEFENDANT:……. SUBJECT: Our Request to Prevent Intervention in the Common Area EXPLANATIONS: My client is the owner of the independent section with the number .. and share .. located on the main property registered in the land registry at the address ……. in the province of ……. , district […]
What Is Condominium Law? Condominium law is a branch of law that addresses issues such as the responsibilities and management of condominium owners arising from the construction of multi-story buildings. WHAT AREAS ARE CONSIDERED COMMON AREAS UNDER CONDOMINIUM LAW? Main entrance doors, Staircases Concierge apartment Entrance hall Roof Elevators Garages Such areas are considered common […]
Events The applicant is currently detained on charges of membership in a terrorist organization. In a petition addressed to official institutions, the applicant described one of the prison administrators as “short, quite overweight, broad-faced, broad-bodied, and having difficulty walking due to his weight.” Because of these statements, prison officials took notes and initiated a disciplinary […]
TO THE DUTY JUDGE OF THE ENFORCEMENT COURT ENFORCEMENT DIRECTORATE: … Enforcement Directorate FILE NO.: …/… E. COMPLAINANT: ….. ATTORNEY: ….. DEBTOR: …. REPRESENTATIVE: …. SUBJECT: Complaint regarding official conduct. EXPLANATIONS : …… In this context; …. The cancellation is required as it is contrary to the provisions of the … procedure/notification, etc. LEGAL GROUNDS […]
Request for notification of payment order pursuant to Article 35 is made in accordance with Article 35 of the Notification Law. According to Article 35 of the Law; A person who has been notified in accordance with the procedures specified in the law, either to themselves or to their address, is obliged to immediately notify […]
What is a Fraudulent Conveyance Action? A fraudulent conveyance action is a type of lawsuit filed by a creditor who is unable to collect a debt from the debtor through enforcement proceedings against the debtor and any third party who acquired the property, seeking to invalidate any conveyances made by the debtor within the last […]
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 […]
