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 […]
