“The Mother Has The Right To Compensation For Deprivation Of Support Even If No Death Income Has Been Paid By The Social Security Institution” The lawsuit is related to the claim for compensation of pecuniary and non-pecuniary damages of the mother, spouse, children and siblings of the insured who died as a result of an […]
Compensation Lawsuits For Death And Bodily Injury Victims may file a lawsuit for compensation for physical damages to certain parts of the body as a result of traffic accidents. However, in addition to the compensation lawsuit filed to compensate for the financial damages caused by bodily damages as a result of traffic accidents, the Social […]
Compensation Case Due To Death And Bodily Injury Decision Of The Court Of Cassation Article 47 of the Code of Obligations No. 818 contains the provision that in the event of both death and bodily harm, which fall within the scope of the regulation of this article, the judge shall award an equitable moral compensation […]
Court Of Cassation Decision – Compensation Case Due To Death And Bodily Harm INDEMNITY CASE – IN THE TRAFFIC ACCIDENT, THE SUPPORT WAS SIX-EIGHTHS AT FAULT AND THE OTHER DRIVER WAS TWO-EIGHTHS AT FAULT – THERE WAS NO GROSS NEGLIGENCE – IT IS NECESSARY TO ACCEPT THAT THE PLAINTIFF PARTY CAN CLAIM SUPPORT INDEMNITY FROM […]
Deprivation Of Support Compensation For Children Due To Deprivation Of Support By Parents PARENTS’ SUPPORT FOR THEIR CHILDREN 1- GENERAL RULE According to the decisions of the Court of Cassation, as a rule, the support of parents for their children lasts until the age of 18 for boys, 22 for girls living in urban areas […]
Compensation For Earthquake Damage 17th Civil Chamber 2016/11461 E. , 2019/7615 K. “Case Law Text” COURT :Civil Court of First Instance At the end of the trial held on the compensation lawsuit between the parties, the judgment regarding the partial acceptance of the lawsuit for the reasons written in the decision was appealed by the […]
Council Of State Decision On Earthquake Insurance 11th Chamber 2001/2549 E. , 2005/183 K.“Case Law Text” T.C.D A N I S T A YCHAPTER THIRTEENTHEsas No: 2001/2549Decision No: 2005/183 Plaintiff : …Defendant : Republic of Turkey Prime Ministry Undersecretariat of Treasury-ANKARADefendant Summary : The plaintiff claims that the General Conditions of Compulsory Earthquake Insurance regulated […]
Compensation Case Under Workplace Insurance Policy Including Earthquake Coverage 17th Civil Chamber 2018/1547 E. , 2018/12611 K. “Case Law Text” COURT :Civil Court of First Instance At the end of the trial held on the compensation lawsuit between the parties, the judgment regarding the partial acceptance of the lawsuit for the reasons written in the […]
Determination Of Evidence Under The Hmk Article 400 of the CCP(1) Each party may request discovery, expert examination or taking witness statements in order to determine a fact that has not yet been examined in a pending lawsuit or a fact that it will assert in a future lawsuit. (2) In order to request discovery […]
Article 402 of the CCP(1) The request for discovery of evidence shall be made by petition. The petition shall include the facts to be established, the questions to be asked to the witnesses or experts, the reasons arousing the suspicion that the evidence will be lost or difficulties will be encountered in the presentation of […]
Hmk 402 (Request For Determination Of Evidence And Decision) Precedent Court Of Cassation Decisions General Assembly of Civil Chambers 2017/1854 E. , 2019/1096 K. CCP 402The difference between a request for discovery and a request for discovery of evidenceDetermination actions, on the other hand, are actions to determine whether a right or a legal relationship […]
What Is An Evidence Detection Case And Under Which Circumstances Should It Be Filed? Determination of evidence, which is known in the legal community and among the public as a “case for the determination of evidence”, is a kind of temporary legal protection institution that finds its source in Article 400 of our Code of […]
Since the action for discovery of evidence is a kind of declaratory action, it would be meaningless to request a judgment of performance in this case. In this case: The parties may be heard, Witnesses may be heard, Discovery is available, An expert report may be issued, Letters can be written to the relevant persons […]
Parties to the Discovery of Evidence Case We have already mentioned that, although it is known as a “discovery of evidence case”, it is not a lawsuit in essence. For this reason, the parties to the discovery of evidence cannot be the defendant and the plaintiff; there are only the parties requesting and against whom […]
Evidence Detection Case Petition Sample TO THE JUDGE OF THE CIVIL COURT OF PEACE ON DUTY REQUESTER : ….. T.C. IDENTITY NUMBER : ….. ADDRESS : ….. ATTORNEY : Av. ….. ADDRESS : ….. AGAINST PARTY :….. SUBJECT :It consists of our request for the determination of evidence. EXPLANATIONS : 1-) My client and the […]
What Is A Full Judgment Action? A full remedy lawsuit is a type of administrative lawsuit filed by the person who has suffered damage due to any act, action or negligence of the administration in order to compensate the material and moral damages. A full remedy lawsuit can be characterized as an administrative lawsuit against […]
Causes of Legal Liability of the Administration in Full Judgment Cases In administrative law, there are generally two types of legal liability of the administration: Private law liability arising from the contracts or acts of the administration in accordance with the principles of private law. For example, if a vehicle belonging to the administration is […]
How to File a Full Judgment Lawsuit?A full remedy lawsuit is a type of administrative lawsuit that can be filed before the Council of State, administrative or tax court, depending on the nature of the administrative act or action. Full remedy actions can be filed as follows (D.6-K:2015/1893): Those who are harmed by an administrative […]
Full Jurisdiction Case (Compensation Case) Council Of State Decisions Traffic Accident Compensation Case Due to Logar CoverIn the case; from the examination of the case file and its annexes, it is seen that due to the loose logar cover, it dislodged during the passage over the vehicle and damaged the lower parts of the vehicle […]
Material and Moral Damages Pursuant to the Social Risk PrincipleAs a rule, the administration is obliged to indemnify the damages that are the direct result of the service it performs and for which a causal link can be established. However, as an exception to the aforementioned rule, the administration is obliged to compensate for certain […]
Service Failure in Doctor Error (Malpractice) Compensation CaseIn general terms, full remedy lawsuits are compensation lawsuits filed against the administration by those whose rights are damaged due to the activities of the administration. In such cases, the court will determine both the material aspect of the incident, i.e. the transactions or actions that caused the […]
Service Failure of the Administration in Health Services is a Prerequisite for CompensationIn the health service, where the injured person is the beneficiary of the service and the service is of a risky nature, in order for the administration to be liable for compensation, the damage must have occurred as a result of the administration’s […]
The Period for Filing a Full Judgment Action Starts on the Date the Damage is Fully LearnedArticle 13 of the Administrative Procedure Law No. 2577 Article 13 of the Administrative Procedure Law No. 2577 stipulates that those whose rights have been violated by administrative actions must, before filing an administrative lawsuit, apply to the relevant […]
Tax Court’s Refusal to Charge Interest on the Administration’s Tax Refund DebtThe plaintiffs filed a lawsuit for the cancellation of the defendant administration transaction dated 21.06.2011 and numbered 61744 regarding the rejection of the application for correction and complaint regarding the value added tax calculated and paid over the price of the real estate they […]
Period for Filing a Full Judgment Action After Learning of the DamageThe lawsuit was filed by the plaintiff for the compensation of 70.000,00 TL damage allegedly incurred by the claimant claiming that the administration was responsible for depriving the plaintiff of his inheritance share by issuing a false report for the plaintiff’s father. Adana 2nd […]
Amount of Compensation in Case of Full Judgment Action Filed Together with the Annulment Action Article 3 of the Administrative Trial Procedure Law No. 2577 Article 3 of the Law No. 2577 on Administrative Procedure stipulates that administrative lawsuits shall be filed with signed petitions addressed to the Council of State, administrative courts and tax […]
Time Period for Filing a Full Judgment Action After AnnulmentThe lawsuit was filed by the plaintiff company, which was banned from participating in tenders for a period of 1 year pursuant to the Public Procurement Law No. 4734, with the request for compensation of 185.976.-TL pecuniary damage and 50.000.-TL non-pecuniary damage, together with commercial interest; […]
Conditions for Filing a Direct Full Judgment ActionArticle 12 of the Law No. 2577 on Administrative Procedure stipulates that the concerned persons may file a full remedy action directly to the Council of State and administrative or tax courts due to an administrative act that violates their rights, or they may file annulment and full […]
The Court Having Jurisdiction in Full Judgment Lawsuits Arising from Traffic AccidentsWhen the provisions of the eighth section of the Law No. 2918 on legal liability are evaluated together, the judicial jurisdiction has the jurisdiction to hear and resolve the lawsuits filed against all vehicle owners and operators, including those filed against public administrations and […]
Full Compensation Case Due to Road Widening WorksThe General Assembly of Civil Chambers examined the resisting decision and discussed the necessity after it was understood that the appeal was filed in due time and the papers in the file were read: The lawsuit is related to the claim for the compensation of the damage caused […]
