April 2020
Protection Of Creditor Rights In Rejection Of Inheritance
Protection Of Creditor Rights In Rejection Of Inheritance Protection of the creditors of Murisin: if the heir who rejects a debt-ridden inheritance has received an equalization in the five years prior to the death of Murisin, he shall be liable for this amount with the value he is obliged to give back to the creditors […]
Method Of Calculating The Fee To Be Based On Severance Pay
Summary: it is agreed that the amount that falls to one day will be determined by dividing the total of payments made in the last year by 365 when reflecting the benefits, which can be measured in money or money other than the fee, into compensation (9.HD. 29.9.2005 day 2005/342 E, 2005/31714 K., Supreme Court […]
In Case Of Peace, The Lawyer Is Entitled To Attorney’s Fee Over The Agreed Amount And The Attorney’s Fee To Be Received From The Other Party
Summary: 164/4 of both the law of attorney over the amount earned to the client by the plaintiff’s agreement with the magistrate. it must be accepted that it has the right to demand the contractual power of attorney fees, as well as the “counterparty power of attorney fees”, which are the costs of the trial […]
Claim Of Fake Promissory Notes Will Not Stop Enforcement Proceedings
Summary: the claim of falsification of the deed subject to follow-up before or after the finalization of the follow-up is made by HMK 209. it does not result in the cessation of follow-up in accordance with the article. The said provision stipulates that the deed cannot be used as evidence in any other way, nor […]
Causing An Accident By Overtaking Despite Having An Overtaking Ban Sign
T.C.SUPREME CRIMINAL DEPARTMENTE. 2016/1417K. 2017/6429T. 19.9.2017 Causing an accident by overtaking the vehicle in front of the vehicle despite the straight line of lanes and the overtaking ban sign indicating that there is a ban on overtaking ( admission of the defendant to have committed his act with conscious taxis and about TCK. Md. While […]
Fraud Case
In a criminal complaint of fraud, a notice or complaint relating to the crime may be made to the Attorney General’s office or law enforcement authorities. The notice or complaint made to the governor’s office or the governor’s office or the court shall be referred to the Attorney General of the Republic concerned. The notice […]
What Crimes Qualify As Qualified Fraud?
158 in the Turkish Penal Code. the scope of the offence of qualified fraud under the rules set out in the article is clearly stated. According to this article, the abuse of religious feelings and beliefs, the use of victimization of persons, the use of the weakness of physical characteristics of persons to commit fraud […]
Rights Protected By The European Convention On Human Rights
Rights protected by the European Convention on Human Rights 2 to 14 of the convention on rights regulated by the European Convention on Human Rights. the clauses are arranged between. Article; obligation to respect human rights,Article; right to life,Article; Prohibition of torture and ill-treatment,Article; Prohibition of slavery and forced labor,Article; the right to the security […]
What Is An Individual Application To The Constitutional Court ?
What Is An Individual Application To The Constitutional Court? An individual application to the Constitutional Court is a judicial proceeding which is applied in case of violation of any of the fundamental rights and freedoms defined in the Constitution and also contained in the additional protocols with the European Convention on Human Rights (ECHR). In […]
How Are The Periods Calculated In Law?
How Do Times Work In Law? The documents sent to you by the court or the Enforcement Agency for payment, objection, response, litigation, etc.within a certain period of time may be prescribed. In the same way, a right-lowering or statute of limitations may be prescribed for the exercise of a right. These periods of 5-7-10-30 […]
To Request a Renewal Of The Trial By Obtaining a Report From a Special Expert
Supreme Court 5. Criminal DepartmentPrincipal No: 2014/6241Decision No: 2014/8962 The accused C…for the crimes of being a member of a criminal organization in a system created for the supply of interests, incursion in a chain manner, is responsible for the crimes of the Turkish Penal Code No. 5237, 250/1, 43, 220/2 and 62. Articles 10 […]
Can Lawyers Testify About Their Clients ?
T.C.SUPREME17. CRIMINAL DEPARTMENTPRINCIPAL NO: 2015/13365DECISION NO: 2016/6633DECISION DATE: 3.5.2016 WHETHER LAWYERS CAN TESTIFY AGAINST THEIR CLIENTS. The sentence given by the local court was examined by appeal and discussed and considered as necessary: DECISION 1- )From the scope of the file, at an undetermined time on the day 9.6.2005, the plaintiff parked on plate door […]
Theft Of A Credit Card Or Debit Card
LAW NO. 5464LAW ON DEBIT CARDS AND CREDIT CARDSUnfair use and insuring of the cardArticle 12-if the card or the information mentioned in Article 16 is lost or stolen, the card holder is liable for damages arising from unlawful use within twenty-four hours prior to the notification to be made, limited to one hundred thousand […]
Attack On Personal Rights Via The Internet
T.C.SUPREME4. LEGAL DEPARTMENTPRINCIPAL NO: 2016/5240DECISION NO: 2018/1873DECISION DATE: 14.3.2018 > > ASSAULT ON PERSONAL RIGHTS VIA INTERNET-NON-PECUNIARY COMPENSATION ARISING FROM TORT–STATEMENTS USED IN TWITTER ACCOUNT 4721 / m. 24, 256098 / m. 56 Summary: the case is related to the claim for non-pecuniary damages resulting from an attack on the rights of persons via the […]
Attorneys’ Fee In Cases Again Seen In The Appellate Court
T.OSUPREME19. CRIMINAL DEPARTMENTPRINCIPAL NO: 2018/3074DECISION NO: 2018/4708DECISION DATE: 18.04.2018 > > REQUEST FOR SETTLEMENT OF DISPUTES BETWEEN THE CRIMINAL DEPARTMENTS OF THE DISTRICT COURT COURT ON THE POWER OF ATTORNEY FEE–DISCRETION OF THE POWER OF ATTORNEY FEE Summary: Following the application for a judicial review of the appeal against the provisions ” there is no […]
The Pension Account Cannot Be Blocked Because Of The Debt That The Pensioner Is Vouching For
T.OSUPREME11.LEGAL DEPARTMENTPRINCIPAL NO: 2016/9590RESOLUTION NO: 2513DECISION DATE: 09.04.2018 THE PENSION CANNOT BE BLOCKED DUE TO THE DEBT THAT THE PENSIONER IS VOUCHING FOR. In the case between the parties, the Court of First Instance of Artvin decided on 13/04/2016 and 2016/28-2016/335 by the court of Cassation to review the decision was requested by the attorney […]
If The Work Is Carried Out Other Than The Work Of The Worker, The Worker May Ask For The Wages Of The Work
T.OSUPREME LEGAL DEPARTMENTPRINCIPAL NO: 2014/811DECISION NO: 2015/14090DECISION DATE: 14.04.2015 IF WORK IS DONE OUTSIDE THE WORK OF THE WORKER, HE / SHE WILL KNOW THE WAGE FROM THE EMPLOYER. The plaintiff requested that the payment of unpaid wages and balance period wage receivables be decided. The Local Court has decided to partially accept the case. […]
If The Worker Is Not Hired After Returning From The Military, He Cannot File A Return-to-Work Lawsuit
T.C.SUPREMEGENERAL ASSEMBLY OF LAWPRINCIPAL NO: 2015/22-1608DECISION NO: 2018/448DECISION DATE: 7.3.2018 >RETURN OF MILITARY SERVICE 18 ET AL. HE CANNOT FILE AN EXTRADITION SUIT BASED ON HIS PROVISIONS. Summary: 1.) Return of military service of the labor law 18 et al. he cannot file an extradition suit based on his provisions..2.) if the employer does not […]
Hidden Shame, Vehicle With Mileage Adjustment Changed Claim
Supreme Court 13. Legal DepartmentPRINCIPAL NO: 2015/16613DECISION NO: 2017/2063 At the end of the trial of the claim between the parties, it was discussed and considered as necessary to review the file on appeal by the plaintiff’s lawyer within the period of the sentence given for dismissal of the case for reasons written in the […]
Evaluation Of Evidence Seized In Violation Of Law
In order to uncover the material truth in the criminal trial, it is investigated whether the elements of the crime are formed and who the perpetrator is if there is a crime. However, the investigation and investigation carried out during the trial is not unlimited. The material truth must be reached within the rules of […]
Standing And Capacity To Be Sued Is A Condition Of Litigation
The parties, parties and the case license to have the conditions of the case (HMK m. 114/1-d) which relates to public order. The court is obliged to investigate spontaneously at every stage of the case whether the circumstances of the case exist. The parties may also assert the lack of a case requirement at any […]
Can The Audio Recording Be Used As Evidence
Although the existence of the right is necessary and sufficient in the relations between the parties, it is necessary to prove the right before the court in order to be accepted. To prove it is to succeed in convincing the judge of the existence of a case. The proof of right is the fundamental element […]
Case For Elimination Of Partnership
The case for elimination of partnership is a bilateral (actioduplex) case. Both parties will benefit from the decision to be made in the case of elimination of the partnership. Due to this feature, the parties in the case HUMK the procedural provisions to be applied as they are in the case of both the plaintiff […]
Personal Property Must Be Proved With Concrete Evidence Other Than A Witness Statement
During the continuation of the property regime, in the acquired property owned by one spouse, the other spouse has the right to participate at half the residual value. The residual value will be added to the value (TMK m. 229) and equalization (TMK m. 230) of the spouse’s acquired property, including the amounts obtained (TMK […]
What Is Child Support
We know that being a parent brings with it some rights. But it also obliges parents to do much more than the rights it brings. The most important of these obligations and one of the most problematic issues in practice is the care obligation of the parents. 328 Of The Turkish Civil Code. the article […]
An Inquest Cannot Be Held Until The Defendant Is Notified On The Day Of The Preliminary Examination Hearing
The court, the preliminary hearing in the case and invite the parties to the conditions of the first objections to the preliminary examination examines exactly determines the issues in dispute, the parties present their evidence and the preparation process required for the gathering of evidence on the parties in cases where you can save freely, […]
Company Property Cannot Be Foreclosed On Because One Of The Company’s Partners Owes Alimony
T.C.SUPREME8. LEGAL DEPARTMENTPRINCIPAL NO: 2016/661DECISION NO: 2016/1136DECISION DATE: 25.1.2016 > COMPANY PROPERTY CANNOT BE FORECLOSED ON DUE TO THE COMPANY PARTNER’S PERSONAL ALIMONY DEBT—CLAIM FOR RATIONS OF THE THIRD PARTY 6102 / m.1332004 / m.96 Summary: the case relates to the ration claim of the third party. The follow-up in the case was initiated due […]
Even If There Is Payment After The Execution Follow-up, It Is Not Considered An Unfair Lien To Continue The Follow-up
General Assembly of the Supreme Court of law2018/374 E.2018/943 K. Court :Court of First Instance Ankara 6 at the end of the trial due to the “negative determination and moral compensation” case between the parties. 10.09.2013 day and 2011/189 given by the Court of First Instance for the acceptance of the case, 2013/374 K. the […]
The Procedure For Sending The Case File To The Competent Court After The Decision Of Non-authorization
General Assembly of the Supreme Court of law2018/502 E.2018/1049 K. Court :Court of First Instance At the end of the trial due to the “Prevention of hand-throwing, destruction and ecrimisil” case between the parties; Ankara West 3. 18.09.2012 day and 201/246 E. given by the Court of First Instance for the partial acceptance of the […]
