June 2021

Supreme Court of the Republic of Turkey 8.Criminal DivisionBasis: 2016/6199Decision: 2016/8684Decision Date: 30.06.2016 CRIME OF CREDIT CARD ABUSE – CREDIT CARD ACCOUNT SUMMARY BROUGHT ON THE DATE OF THE EVENT TO DETERMINE WHETHER IT WAS USED AND THE RESULT SHOULD BE ESTABLISHED ACCORDING TO THE PROVISION-VIOLATION OF THE PROVISION Summary: credit card account summary was […]

T.C. SUPREME 7.Criminal DivisionBasis: 2014/30174Decision: 2016/9031Decision Date: 30.06.2016 CRIME OF OPPOSITION TO LAW 4733 – REGISTRATION OF THE VEHICLE USED IN THE CRIME MALIKI WAS INFORMED OF THE CASE AND MADE A PROVISION WITH INCOMPLETE EXAMINATION WITHOUT RECEIVING A DECLARATION ON CONFISCATION – VIOLATION OF THE PROVISION Summary: registration of the vehicle used in the […]

T.C. SUPREME 7.Criminal DivisionBasis: 2015/7404Decision: 2016/9043Decision Date: 30.06.2016 OFFENCE OF OPPOSITION TO LAW NO. 5607 – CANCELLATION OF SOME PARTS OF ARTICLE TCK BY THE DECISION OF THE CONSTITUTIONAL COURT, WHICH ENTERED INTO FORCE AFTER PUBLICATION IN THE OFFICIAL GAZETTE – OBLIGATION TO RE-EVALUATE THE ARTICLE – VIOLATION OF THE PROVISION Abstract: due to the […]

T.C. SUPREME 7.Criminal DivisionBasis: 2016/10041Decision: 2016/9083Decision Date: 30.06.2016 CRIME OF ABUSE OF TRUST DUE TO SERVICE – FAILURE TO MAKE A POSITIVE OR NEGATIVE DECISION ON THE SUBJECT MATTER OF THE CASE-THE NEED TO BREAK THE PROVISION Summary :TCK.in accordance with the article mentioned about the defendant, whose non-short-term prison sentence he was convicted of, […]

Supreme Court of the Republic of Turkey 8.Criminal DivisionBasis: 2016/6617Decision: 2016/8693Decision Date: 30.06.2016 CRIME OF BANK OR CREDIT CARD ABUSE – DETERMINATION AND ASSESSMENT OF THE LEGAL SITUATION BY EVALUATING ALL THE EVIDENCE BY SHOWING THE CD IMAGES TO THE DEFENDANT AND ASKING IF THE PERSON IN THE IMAGES IS HIMSELF-INCOMPLETE RESEARCH Summary: the bank […]

T.C. SUPREME 6.Criminal DivisionMainly: 2015/4741Decision: 2016/5636Decision Date: 30.06.2016 CRIME OF THREATENING WITH A GUN – BY A DECISION OF THE CONSTITUTIONAL COURT, THE PHRASE WRITTEN IN THE ARTICLE OF THE TCK WAS CANCELED FOR THE USE OF ELECTION AND OTHER POLITICAL RIGHTS-CORRECTION AND APPROVAL OF THE PROVISION Summary: the Constitutional Court’s decision on 08.10.2015 day, […]

Supreme Court Of The Republic Of Turkey 15.Legal DepartmentBasis: 2016/3094Decision: 2016/3597Decision Date: 21.06.2016 A CASE FOR THE CANCELLATION OF THE APPEAL – IN WHICH BOTH PARTIES ARE MERCHANTS AND RELATE TO THE COMMERCIAL ENTERPRISE OF THE PARTIES – VIOLATION OF THE PROVISION Abstract: in a concrete dispute, the plaintiff is a sub-contractor, and the defendant […]

Supreme Court of the Republic of Turkey 20.Legal DepartmentMainly: 2015/7834Decision: 2016/7381Decision Date: 22.06.2016 CLAIM FOR DAMAGES – CLAIM FOR DAMAGES CAUSED BY THE RETENTION OF THE LAND REGISTRY – RE-INVESTIGATION AND EVALUATION OF WHETHER REAL ESTATE CAN BE CONSIDERED IN THE LAND QUALITY – FAILURE TO ESTABLISH A PROVISION BASED ON INCOMPLETE EXAMINATION AND RESEARCH […]

Supreme Court Of The Republic Of Turkey 20.Legal DepartmentMainly: 2015/7808Decision: 2016/7383Decision Date: 22.06.2016 CLAIM FOR DAMAGES – CLAIM FOR DAMAGES CAUSED BY THE RETENTION OF THE LAND REGISTRY – RE-INVESTIGATION AND EVALUATION OF WHETHER REAL ESTATE CAN BE CONSIDERED IN THE LAND QUALITY – FAILURE TO ESTABLISH A PROVISION BASED ON INCOMPLETE EXAMINATION AND RESEARCH […]

Supreme Court Of The Republic Of Turkey 3.Legal DepartmentBasis: 2016/8767Verdict: 2016/10150Decision Date: 27.06.2016 CASE OF TEMPORARY SUBSCRIPTION FACILITY – THE NEED TO PREPARE AN EXPERT REPORT AND MAKE AN APPROPRIATE DECISION ON WHETHER THE FENNI REQUIREMENTS HAVE BEEN MET – INCOMPLETE REVIEW – THE PROVISION HAS BEEN BROKEN Summary: court; provisional 11 of law 3194.in […]

Supreme Court Of The Republic Of Turkey 22.Legal DepartmentBasis: 2015/6421Decision: 2016/19279Decision Date: 27.06.2016 CASE OF EMPLOYEE RECEIVABLES – TERMINATION OF EMPLOYMENT RELATIONSHIP AS A PENSIONER – WHETHER THE DEBTS OF THE SPECIAL PROVINCIAL ADMINISTRATION, WHOSE LEGAL ENTITY WAS REMOVED, WERE TRANSFERRED TO ANY INSTITUTION BEFORE THE TRANSFER – THE PROVISION WAS BROKEN Summary: in the […]

Supreme Court of the Republic of Turkey 20.Legal DepartmentBasis: 2016/3944Decision: 2016/7541Decision Date: 28.06.2016 CADASTRAL TESBITINE APPEAL CASE – WHETHER THE REAL ESTATE IS WATER OR DRY AGRICULTURAL LAND, THE AGRICULTURAL ENGINEER SHOULD RECEIVE A REPORT IN ACCORDANCE WITH THE PURPOSE OF THE LAW AND A DECISION SHOULD BE MADE WITHIN THE FRAMEWORK OF THE RESULT […]

Supreme Court Of The Republic Of Turkey 15.Legal DepartmentBasis: 2016/577Decision: 2016/3867Decision Date: 14.07.2016 A LAWSUIT ARISING FROM THE WORK CONTRACT – AS A RESULT OF AN ACCOUNT ERROR, IT WAS DECIDED TO COLLECT THE FEE FROM THE DEFENDANT – THE REQUEST FOR CORRECTION OF THE DECISION WAS SEEN ON THE SPOT IN THIS DIRECTION AND […]

The Case That He Will No Longer Participate In ValueThe legal basis of this case is the articles of the Turkish Civil Code No. 4721 regulating the regime of participation in acquired goods(m.218-241), especially 231-236. articles and decisions of the Supreme Court constitute. In accordance with the law (TMK m. 202) is a case in […]

Also called the “contribution” case for short in practice the subject matter of this case is mostly the previous Civil Code No. 743. during the period in force (01. 01. Period before 2002) immovable property acquired and registered in the deed on behalf of one of the spouses, traffic creates motor vehicles registered in registration […]

Case For Transition To Extraordinary Goods RegimeSpouses “together” when they wishthe right to change the current regime of goods between them within bordersreferences But in some cases, the current regime of goods between themspouses may also need to change, change, without moving “together.” Spouses are subject to a regime of participation in acquired goods, division […]

Types Of Goods Regime Litigation Cases related to the property regime, which are currently being heard in the family courts and are being reviewed on appeal in the Supreme Court; “the case for the transition to the extraordinary property regime” (TMK m. 206 et al), ” a case in which he will receive a share […]

It’s Time For The Goods Regime To EndIn order for a case to be filed for the liquidation of the property regime, the existing property regime between the parties must end. The end of the property regime and the end of the marital union are not the same. Sometimesthe current property regime between spouses also […]

The Date Of The Commencement Of The Regime GoodsIn cases for liquidation of the property regime, such as the case for receipt of contributions, the case for increase in value, the case for receipt of residual valuefirst, it is necessary to determine the following issues: according to what rules of the property regime will these […]

Concept, Types, Selection Of Goods RegimeRules on property regime in our law in general; spouseseach of them has their rights, obligations to the assets belonging to him and his wife, from each other when the property regime ends (deathin case of what rights they can claim from their heirs)it organizes.The Turkish Civil Code No. 4721 […]

… TO THE JUDGE OF THE COURT OF LAW; File: … / … E. CONTESTING DEFENDANT : TC IDENTIFICATION NUMBER : ADDRESS : Deputy : (Legal representatives of the parties, if any) ADDRESS : (Legal representatives of the parties, if any) PLAINTIFF : Address : Deputy : ADDRESS : (Legal representatives of the parties, if […]

… … TO THE JUDGE OF THE COURT OF EXECUTIVE LAW Appeal REALLY Removal WILLING CREDITOR : Deputy : DEBT : Deputy : AMOUNT OF RECEIVABLES: … TL Subject: the final cancellation of the appeal and the continuation of the follow-up consists of the request. INSTRUCTIONS : 1-about the debtor … the execution of the […]

… … TO THE JUDGE OF THE COURT OF EXECUTIVE LAW PLAINTIFF : TC IDENTIFICATION NUMBER : ADDRESS : Deputy : (Legal representatives of the parties, if any) ADDRESS : (Legal representatives of the parties, if any) DEFENDANT : Address : Subject: it consists of our objection to asset discretion. Our explanations : 1 -) […]

… TO THE PRESIDENT OF THE COMMERCIAL COURT OF FIRST INSTANCE; File: … / … E. AUTHORITY APPEAL : FOUND DEFENDANT TRADE REGISTER NO. : ADDRESS : Deputy : (Legal representatives of the parties, if any) OPPONENT : Deputy : (Legal representatives of the parties, if any) Subject: the authority consists of our objection. LITIGATION […]

… … TO THE JUDGE OF THE COURT PLAINTIFF : TC IDENTIFICATION NUMBER : ADDRESS : Deputy : (Legal representatives of the parties, if any) ADDRESS : (Legal representatives of the parties, if any) DEFENDANT : Address : Subject: animosity consists in the presentation of our objections. LITIGATION VALUE : (In cases related to property […]

… … JUDGE OF THE FAMILY LAW COURT THE REQUESTING : TC IDENTIFICATION NUMBER : ADDRESS : Deputy : (Legal representatives of the parties, if any) ADDRESS : (Legal representatives of the parties, if any) MATERIAL RELATED :……. Marriage Officer Subject: our petition includes our objections to the rejection of the marriage request. INSTRUCTIONS : […]

T.C. SUPREME 14.Legal DepartmentMainly: 2015/16277Decision: 2016/2733Decision Date: 03.03.2016 REQUEST FOR THE ISSUANCE OF A CERTIFICATE OF INHERITANCE – THE NEED TO DETERMINE THE HEIRS AND SHARES OF THE INHERITANCE OF MURISIN – THE NEED TO VIOLATE THE PROVISION Summary: the case relates to the request for the issuance of a certificate of inheritance. In a […]

Supreme Court of the Republic of Turkey 14.Legal DepartmentBasis: 2015/12937Decision: 2016/2555Decision Date: 01.03.2016 REQUEST FOR ISSUANCE OF INHERITANCE CERTIFICATE – DECEASED’S POPULATION REGISTRATION INFORMATION AND ADDRESS ARE NOT INVESTIGATED THESE ISSUES ARE NOT ASKED FROM THE LAND REGISTRY OFFICE – THE PROVISION IS BROKEN Summary: determining the addresses of deceased’s and his heirs with population […]

T.C. SUPREME 14.Legal DepartmentMainly: 2015/16277Decision: 2016/2733Decision Date: 03.03.2016 REQUEST FOR THE ISSUANCE OF A CERTIFICATE OF INHERITANCE – THE NEED TO DETERMINE THE HEIRS AND SHARES OF THE INHERITANCE OF MURISIN – THE NEED TO VIOLATE THE PROVISION Summary: the case relates to the request for the issuance of a certificate of inheritance. In a […]

Supreme Court of the Republic of Turkey 14.Legal DepartmentPrincipal: 2015/12867Decision: 2016/2952Decision Date: 08.03.2016 CASE FOR CANCELLATION OF THE INHERITANCE DOCUMENT – IF THERE IS REAL ESTATE BELONGING TO MURIS, THE REGISTRATION OF THE TITLE AND THE BASIS OF THE DOCUMENTS SHOULD BE BROUGHT AND IT SHOULD BE DETERMINED WHO THE HEIRS OF MURIS ARE IN […]