General Assembly of the SUPREME Court of Law2018/502 E.2018/1049 K. COURT OF First Instance: Court of First Instance At the end of the trial between the parties for the case “prevention of confiscation, Decimation and ecrimisil”; Ankara Batı 3. 18.09.2012 day and 201/246 E, which were issued by the Court of First Instance regarding the […]
General Assembly of the SUPREME Court of LawE. 2018/3742018/943 K. COURT OF First Instance: Court of First Instance At the end of the trial held for the case of “vile determination and non-pecuniary compensation” between the parties, Ankara Dec. 6. 10.09.2013 day and 2011/189 E, which were issued by the Court of First Instance on […]
T.C.SUPREME law officeMAINLY NO: 2016/661DECISION NO: 2016/1136DATE OF DECISION: 25.1.2016 THE COMPANY’S PROPERTY CANNOT BE FORECLOSED DUE TO THE PERSONAL CHILD SUPPORT DEBT OF THE COMPANY’S PARTNER — THE RATION CLAIM OF THE THIRD PARTY 6102/m.1332004/m.96 ABSTRACT: The case is related to the ration claim of the third party. The lawsuit has been initiated due […]
The court to invite the parties to the preliminary examination the preliminary hearing of the case in the first examines the conditions and objections, determines exactly what the issues in dispute, the parties present their evidence and the preparation process for the collection of evidence required in cases where you can save on the parties […]
We know that being a parent brings with it some rights. But he also owes parents much more than the rights he brings. One of the most important of these obligations and one of the most problematic issues in practice is the parental care obligation. 328 of the Turkish Civil Code. the article described the […]
During the continuation of the goods regime, in the acquired goods owned by one spouse, the other spouse has the right to participate at a rate of half of the residual value. He will no longer receive participation in the value; one of the values to be added (TMK m. 229) and without equalization (TMK […]
The case of liquidation of the partnership is a double-sided (actioduplex) case. Both parties will benefit from the decision to be made in the case of liquidation of the partnership. Due to this feature, the procedural provisions that will be applied in the case as well as in the case of both the plaintiff and […]
If the existence of the right is necessary and sufficient in the relations between the parties, it Dec necessary to prove it in order for the existing right to be accepted before the court. To prove it means to be able to convince the judge of the existence of a case. Proof of rightfulness is […]
The court is obliged to investigate spontaneously at all stages of the case whether the terms of the case exist. The parties can also always assert the lack of a claim requirement. (H.M.m. 115/1) in the case of the plaintiff-the defendant against the woman’s to mental illness have been proposed, and this claim with evidence, […]
In order to reveal the material truth in criminal proceedings, it is investigated whether the elements of the crime were formed and if there is a crime in the middle, who is the perpetrator. However, the research and investigation carried out during the trial is not unlimited. The material truth should be sought to be […]
SUPREME COURT 13. law officeISSUE NO : 2015/16613DECISION NO : 2017/2063 At the end of the trial of the receivable case between the parties, the case was reviewed and considered by the plaintiff’s lawyer after the decision to dismiss the case for the reasons written in the Dec was appealed within the period of time. […]
T.C.SUPREMEGENERAL ASSEMBLY OF LAWBASE NO: 2015/22-1608DECISION NO: 2018/448DATE OF DECISION: 7.3.2018 RETURN TO MILITARY SERVICE 18 ET SEQ. OF THE LABOR CODE OF NON-HIRED WORKERS. HE CANNOT FILE A CASE FOR RETURN TO WORK BASED ON HIS PROVISIONS. SUMMARY:1.) Return to military service 18 vd of the Labor Code of non-hired workers. he cannot file […]
T.C.Supreme law office Base No:2014/22935Decision No:2015/33774K. Date:30.11.2015 THE DECISION OF THE SUPREME COURT A) Summary of the Plaintiff’s Request:The plaintiff, claiming that the employment contract was terminated unfairly by the employer while working as a drilling machine operator at the defendant’s workplace, and that some of the payments were missing, requested notice compensation, and in […]
T.C.Supreme law office Base No:2013/28635Decision No:2014/4819K. Date:24.2.2014 COURT : Fethiye 2. The Court Of First InstanceDATE : 16/07/2013NUMBER : 2012/193-2013/488 At the end of the trial of the case for the cancellation of the appeal between the parties, the case was partially accepted for the reasons written in the decision and partially rejected by the […]
Summary: It is incorrect to calculate the SSI premium and unemployment insurance deductions that fall on the employee’s share during the conversion of gross receivables to net by an expert witness without taking into account the evil eye. T.C.Supreme law office Base No:2014/14603Decision No:2015/30987K. Date:3.11.2015 The plaintiff has requested that it be decided that the […]
Summary: before or after the completion of the follow-up, the falsification of the deed subject to follow-up is alleged, HMK 209. termination of follow-up in accordance with the article does not lead to consequences. The aforementioned provision provides that the deed cannot be based on any process in relation to cases in general courts, it […]
T.C.SUPREME CRIMINAL DEPARTMENTE. 2016/1417K. 2017/6429T. 19.9.2017 INDICATES THAT THERE IS A PROHIBITION OF OVERTAKING DESPITE THE STRAIGHT LANE LINE AND THE PROHIBITION OF OVERTAKING SIGN, CAUSING AN ACCIDENT BY OVERTAKING THE VEHICLE IN FRONT OF IT (Acknowledging that the Defendant Committed His Act with Conscious Consideration and About TCK. Md. While a Provision Should be […]
A criminal complaint for fraud, a notification or complaint related to the crime can be filed with the Prosecutor General’s Office or law enforcement agencies. A notification or complaint made to the governor’s office or the district governor’s office or the court is referred to the relevant Prosecutor General’s Office. A notification or complaint can […]
158 In the Turkish Criminal Code. according to the rules set out in the article, the scope of the qualified fraud offense is clearly stated. According to this article, the abuse of religious feelings and beliefs, the use of people in their victimization, fraud by taking advantage of the weakness of people’s physical characteristics are […]
Rights Protected by the European Convention on Human Rights 2 To 14 of the convention on the rights regulated by the European Convention on Human Rights. it is Deciphered among its substances. 1 Article; The obligation to respect human rights,2Article; The right to life,3Article; Prohibition of torture and ill-treatment,4Article I Prohibits slavery and forced labor,5Article; […]
What is an Individual Application to the Constitutional Court? An individual application to the Constitutional Court is a judicial October that is applied in case of violation of any of the fundamental rights and freedoms defined in the constitution and also contained in the European Convention on Human Rights (ECHR) and additional protocols. In order […]
How Do Deadlines Work in Law? The deadlines may be stipulated in the papers sent to you by the court or the enforcement agency to take actions such as paying, appealing, responding, filing a lawsuit within a certain period of time. In the same way, a right reduction or statute of limitations may be provided […]
Refusal of inheritance can be defined as the refusal of legal or appointed heirs upon the death of the heir to the rights and obligations of the inheritance, which is formed together with all kinds of debts and receivables of the deceased. According to the principle of complex succession applicable in inheritance law, legal and […]
What is the European Court of Human Rights (ECHR)? The European Court of Human Rights is an international judicial organization established in 1959 for the purpose of protecting certain fundamental rights and freedoms. The European Convention on Human Rights (ECHR) regulates the rights and freedoms protected by the jurisdiction of the court. The ECHR is […]
Inheritance of the State Does the State Have the Right to Be an Heir? If there is no heir or spouse in the first three groups, and the inheritor has not appointed an heir with savings due to death, the state acquires the inheritance as a legal heir. In addition, the state may have the […]
What is the Real Rejection of the Inheritance? MK m.609, according to the heritage of the heirs have the power of discernment and adult unconditional written or oral statements rejecting the heritage Muris final settlement in the direction of the Magistrates ‘ Court heritage inform is rejected. In order for them to exercise these rights, […]
What are the Consequences of the Refusal of the Inheritance? With the refusal of the inheritance, the title of heir expires effectively in the past, that is, from the moment of the death of the heir (MK m. 611). Refusal of inheritance entails legal consequences for legal heirs and designated heirs separately: Legal Consequences of […]
What is the Denial of Inheritance? how is it done? If the inability to pay on the date of the death of the muris is clearly defined and officially determined, the inheritance is considered rejected (TMK m. 605/ll). There is no need to explain any will if there are conditions in the rejection of the […]
Returning from the Will, Do not Give up Drawing up a will is a saving due to death. For this reason, it carries out its judgments and consequences after the death of the testator. Since the will is a one-sided legal act and can be validly drawn up without depending on the will of the […]
Protection of Creditor Rights in the Refusal of Inheritance Protection of Murisin’s Creditors: The heir who refuses an inheritance sunk into debt is liable for this amount at the value that he is obliged to give back in the exchange against his tereke creditors if he received an acquisition subject to equalization within five years […]
