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 […]
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 […]
