Petition For Demolition Of Construction On Land COURT OF FIRST INSTANCE THE PLAINTIFF : ATTORNEY : DEFENDANT : SUBJECT OF LAWSUIT : Demolition of the construction on the land, (…….TL) FACTS : 1- The defendant has built a construction on the immovable property belonging to the plaintiff client, registered under ….., …… parcel number of […]
Decisions On The Alleged Violation Of The Right To A Fair Trial Due To Conviction Based On Bylock Evidence Events The applicant Esra Saraç Arslan was working as a research assistant when she was dismissed from public service following the coup attempt on July 15, 2016. The Chief Public Prosecutor’s Office initiated an investigation against […]
Uncontested Divorce is a type of case in which the parties end the marriage with a divorce protocol. The divorce protocol is the basic document that includes the rights, benefits and obligations that both parties will obtain as a result of the divorce and that is used in disputes that arise for any reason even […]
Events The applicant, who was a teacher at the time of the events and a member of the Education and Science Workers’ Union (EĞİTİM SEN) affiliated to the Confederation of Public Employees’ Trade Unions (KESK), was subjected to a disciplinary investigation due to his social media posts. As a result of the investigation, the applicant […]
Petition For Boundary Determination Due To Land Sliding COURT OF FIRST INSTANCE THE PLAINTIFF : ATTORNEY : DEFENDANT : SUBJECT OF THE CASE : Boundary determination due to land slide (……. TL). FACTS : 1- The defendant’s property in the location of ……., registered under the parcel number ……, block …….. of the title deed, […]
WHAT IS WAGE GARNISHMENT?Wage garnishment is a result of the creditor resorting to legal action to collect the debt. A part of the salary that the debtor receives from his/her workplace is seized by way of execution and the debt is collected. It does not matter whether the debtor works in the public or private […]
IS ALIMONY DEDUCTED FROM SALARY?Wage garnishment is possible for alimony receivables. In fact, alimony receivables are more privileged than other receivables. Even if there is a previous garnishment on the salary of the debtor, the procedure is first taken for the garnishment of the alimony receivable. Alimony is a type of receivable that must be […]
CAN THERE BE MORE THAN ONE WAGE GARNISHMENT?The debtor may owe more than one creditor. Therefore, there will be more than one enforcement file opened against him. In this case, the creditors who initiated enforcement proceedings against the debtor will collect their debts in order. This depends on the nature and time of the debt. […]
HOW IS WAGE GARNISHMENT APPLIED BY THE EMPLOYER?With the finalization of the enforcement proceedings initiated by the creditor, the creditor requests wage garnishment. In this case, a writ of attachment is written to the place where the employee works, that is, to his/her employer. In the garnishment notice, the employer is asked to notify the […]
ACTIONS TO BE TAKEN BY THE EMPLOYER REGARDING THE EMPLOYEE WHO RECEIVES A WAGE GARNISHMENT LETTER When you receive a salary garnishment letter from the enforcement office, you will first have to respond within 7 days by writing the date of arrival of the notification on the notification envelope. The employer who receives a salary […]
WHAT IS CONSENSUAL SALE? The debtor’s request to authorize the debtor to sell the foreclosed property, regardless of movable or immovable property, without waiting for the tender to be held, within a period of seven days from the notification of the appraisal, is called consensual sale. WHY IS CONSENSUAL SALE NEEDED? The seized property is […]
WHAT IS CONCORDAT AND WHAT ARE ITS CONDITIONS? Introduction The Bankruptcy Postponement Provisions of the Execution and Bankruptcy Law were repealed by the “Law No. 7101 on the Amendment of the Execution and Bankruptcy Law and Certain Laws” published in the Official Gazette dated March 15, 2018. With this amendment, “bankruptcy postponement” has been repealed […]
Some documents must be submitted to the court when requesting concordat from the court. The documents required for the concordat request are specified in the law as follows; Concordat preliminary project: The project showing when, how and how the debts will be paid and how the necessary resources will be provided is called the concordat […]
TERMINATION OF CONCORDAT : 1-) Partial Termination of the Concordat (Art. 308/e of the EBL): Each creditor against whom no performance has been made pursuant to the concordat project may apply to the court that approved the concordat and have the concordat terminated against him, while preserving the new rights he has acquired pursuant to […]
Pursuant to Article 309 of the EBL, if a debtor whose bankruptcy has been adjudicated requests concordat or if one of the creditors of this debtor requests the initiation of concordat proceedings, the bankruptcy administration, together with its opinion, notifies the creditors of this request to be discussed at the second meeting of creditors or […]
With the “Communiqué on the Procedures and Principles Regarding the Implementation of the Provisional Article 2 of the Law No. 7420 on the Amendment of Income Tax Law and Certain Laws and Decree Laws” (“Communiqué”) published in the Official Gazette dated 25.01.2023 and numbered 32084; 09. 11.2022 dated 09.11.2022 and numbered 32008 (“Communiqué”), the principles […]
TEMPORARY ARTICLE 2 OF LAW NO. 7420 AND THE PROCEDURES AND PRINCIPLES REGARDING THE IMPLEMENTATION OF TEMPORARY ARTICLE 2 UPON THE ENTRY INTO FORCE OF THE COMMUNIQUÉIn the enforcement proceedings initiated pursuant to Law No. 2004 and Law No. 7155, the debtors must be real persons, the amount of the enforcement proceedings, including the principal […]
Since the plaintiff has no eviction request in the enforcement proceeding and in this case regarding the cancellation of the objection to the enforcement proceeding for the collection of rent and administrative expenses and the compensation for denial of enforcement, and although there is no eviction request in the enforcement proceeding, the payment order sent […]
T.C.JUDICIARY8TH CIVIL CHAMBERE. 2017/13162K. 2017/10909T. 18.9.2017 2004/m.269/1 SUMMARY : The lawsuit is related to the requests for removal of the objections of the defendant guarantors and eviction of the tenant. In order for the follow-up request to be valid and for the enforcement office to send a payment order to the debtor based on it, […]
Eviction Commitment Does Not Contain A Specific Date T.C.JUDICIARY12TH CIVIL COURTE. 2020/1175K. 2020/2309T. 9.3.2020 6098/m.352 2004/m.272-275 SUMMARY : The lawsuit is related to the removal of the objection and eviction request. In the concrete case; There are lease agreements dated 01.02.2005 and 01.05.2012 between the parties, the signature in the agreements is not denied by […]
Cancellation of Objection and Eviction CaseIn the Cancellation of Objection and Eviction Case, if the debtor rejects the lease contract and the signature, if any, attributed to him in the contract in his objection, the creditor; If it is based on a contract issued ex officio by the notary or whose signature is certified, he […]
Cancellation Of Objection And Eviction Case – Court Of Cassation Decisions T.C. 6th Civil Chamber of the YARGITAY Main: 2014/4722 Decision: 2014/13943 Date of Decision: 15.12.2014 REQUEST FOR CANCELLATION OF EVICTION AND EVICTION – THE TENANT STATED THAT HE DID NOT OWE ANY DEBT TO THE PLAINTIFF BUT COULD NOT PROVE HIS DEFENSE WITH WRITTEN […]
Cancellation Of Objection And Eviction Case – Court Of Cassation Decisions 2 T.C. 6th Civil Chamber of the YARGITAY Main: 2014/6721 Decision: 2014/9075 Date of Decision: 07.07.2014 REQUEST FOR LIFTING THE OBJECTION AND EVICTION – PROCEEDINGS INITIATED FOR THE COLLECTION OF RENT RECEIVABLES – IT IS NECESSARY TO GIVE A DECISION REGARDING THE EVICTION OF […]
Collection Of Unpaid Rent Receivable T.C. JUDICIARY 3rd Civil Chamber Main: 2017/11871 Decision: 2017/8998 Decision Date: 05.06.2017 SUMMARY: The plaintiff claimed that the monthly rent was one thousand four hundred TL and initiated enforcement proceedings for the collection of the unpaid ten-month rent receivable. The defendant stated that the monthly rent was three hundred and […]
Eviction Of Workplace Due To Non-Payment Of Rent – Petition For Cancellation Of Objection ANTALYA COURT OF PEACE ON DUTY EXECUTION FILE NO: THE PLAINTIFF : (Name, Surname, T.R. ID No., Address) AGENT : Atty.(Name, Surname, Address) DEFENDANT : ….. SUBJECT : Due to unpaid rent debts ….. It is related to the request for […]
What Are The Reserved Share Ratios In Inheritance Law? In inheritance law, the reserved share is a certain proportion of the legal inheritance share, which is protected against certain dispositions of the heir that encroach on the inheritance right. The heir (muris) cannot dispose of these proportions. The inheritance right of the heir who has […]
Violation Of The Right To Property Due To Failure To Reimburse Monetary Losses Due To Unlawful Delay Of Appointment Events The applicants, who started to work as assistant labor inspectors, were not appointed as labor inspectors although they were successful in the written and oral exams for the qualification of labor inspector. The applicants applied […]
Petition For Participation TO THE COURT OF FIRST INSTANCE FILE NO : ……./…. JOINING THE CASE REQUESTER : DEFENDANT : PLAINTIFF’S ATTORNEY : DEFENDANT : SUBJECT OF THE CASE : The request to participate in the case numbered …../….. It is the request to participate in the lawsuit with the plaintiff ………. PARTICIPATION TO THE […]
First of all, it should be noted that the surviving spouse inherits together with whichever degree (caste) has the right of inheritance. If there are no heirs in the first two grades, and in the third grade, if the heads of the grades and their children died before the heir, the spouse will be the […]
Events The applicant was detained and arrested on the allegation that he participated in an illegal demonstration march called by an armed terrorist organization. In the public case against the applicant, the 2nd Assize Court ruled for the release of the applicant with a ban on leaving the country and a judicial control measure of […]
