Full Jurisdiction Case Due to Failure to Expropriate the Immovable Property Remaining in the Public Area in the Zoning PlanThe dispute is related to the request for payment of 200.000 TL compensation for the damage allegedly suffered due to the non-expropriation of the immovable property, which remained in the public area in the zoning plan […]
WHAT IS EYT? HOW TO APPLY FOR EYT? WHAT IS EYT?EYT; It is the abbreviation of those who are stuck at retirement age. Before September 8, 1999, it became a problem for people who could not retire and who were insured before September 8, 1999. This issue, which has existed for about 24 years, has […]
Criminal investigations and prosecutions are being carried out against the building owner, building contractor, professional members of the fitter profession and building supervision officers who are determined to be at fault in the construction of buildings that resulted in death or injury, in terms of the ‘crime of negligent homicide’ regulated in Article 85 of […]
Republic of Turkey Court of Cassation 12th Criminal ChamberMain: 2020/12133Decision: 2022/10714K.T.: 27.12.2022 NEGLIGENT HOMICIDEPRINCIPLE OF PROPORTIONALITY IN PUNISHMENTEQUITY RULESSUMMARY: In determining the basic penalty in terms of negligent crimes; by taking into account the fault of the perpetrator, the gravity of the damage caused, the way the crime was committed, and the place and time […]
Execution Proceedings for Rent Receivable and Eviction of Leased Immovable by ExecutionThe biggest problem faced by landlords who rent out any of their immovable properties is that the tenants do not pay their rents and do not evacuate the leased property. The lease agreement is regulated in the Turkish Code of Obligations and articles are […]
What Is External Collection? Who pays the external collection fee?External collection offers the opportunity to negotiate between the debtor and the creditor. In line with this opportunity, the debtor and the creditor determine a suitable amount for themselves. This amount does not include extra expenses such as file costs and attorney’s fees determined by the […]
Are There Penalties If Collection Is Not Paid?The creditor and debtor agree on a certain point thanks to external collection. After the court committee listens to both parties and makes the necessary decision, the file can be closed. However, in some cases, the person subject to external collection does not make the payment. The creditor […]
The judge’s decisions are divided into two categories: interim decisions and final decisions.Interim decisions are decisions that do not put an end to the proceedings (the case), but rather serve to carry it forward. The judge makes many interim decisions in the case in order to conduct (advance) the proceedings. The common characteristic of all […]
In practice, it is observed that more than one (two or more) lease agreements are signed between the lessor and the lessee for various reasons. Generally, the low-value lease agreement is submitted to the tax office in order to pay less tax, while the high-value lease agreement is actually implemented between the parties. The Court […]
Collusive Lease Agreement Submitted To The Tax Office In the case file, there are two lease agreements between the plaintiff and M. A. dated 9.10.2006 for 3 years, starting from 9.10.2006, for a monthly rent of YTL 600 and dated 10.10.2006 for 1 year, for a monthly rent of YTL 175, and T. A. is […]
What is Legal Incapacity in Deed Cancellation Case?Legal incapacity refers to cases where a person does not have the power of appeal or the capacity to act. Incapacity is the lack of the ability to understand, evaluate and distinguish the causes and consequences of one’s actions and transactions. Anyone who transfers an immovable property in […]
How to Investigate the Allegation of Legal Incompetence in a Deed Cancellation Case?As stated in Article 15 of the Civil Code, since a person who does not have the power of discrimination (power of appeal) does not have a valid will, the transactions he/she will make cannot be concluded, and the good faith of the […]
Land Registry Cancellation And Registration Case Due To Legal Incompetence Court Of Cassation Decisions Investigation of Evidence in a Deed Cancellation Case Due to IncompetenceThe basis of the deed cancellation and registration case is the claim that the defendant purchased immovable property from a person who lacks the power of appeal. As stated in Article […]
Deed Cancellation and Registration Case Due to Murisin’s IncompetenceThe importance of the determination of a person’s capacity in terms of the consequences it has in terms of personal and property law arises automatically. In this case, it is obligatory to collect all the evidence to be presented by the parties, to obtain explanatory and satisfactory […]
How Should Heirs File a Deed Cancellation Lawsuit Due to Incompetence?As it is known, joint ownership is the situation where persons who have a partnership bond between them in accordance with the law or the contracts specified in the law, jointly own a property or right due to this partnership. Regulated under Article 701 of […]
6th Civil Chamber of the Court of Cassation – Decision : 2011/8048In the enforcement proceeding dated 12.08.2010 initiated by the plaintiff’s attorney against the debtor, it was based on the lease agreement dated 05.08.2006 for one year and the collection of 25.764 TL receivable as the accumulated rent debt between 05.09.2006-05.08.2010 was requested. The defendant […]
Multiple Lease Agreements in Enforcement CourtIn the enforcement proceeding initiated against the defendant on 25.01.2013 based on the lease agreement dated 01.12.2012, the plaintiff’s attorney requested the collection of a total of 60.750 TL rent receivable for the months of May, June, July, September, October, November, December and January of 2013. The defendant debtor, in […]
What is a Right of Way?A superstructure right is an easement right that authorizes the owner to build a structure under or on someone else’s land or to maintain an existing structure. The owner of the overhead right (the holder of the easement right) gains the right of ownership over the construction on the land. […]
Determination and Payment of the St Right FeeThe lawsuit is related to the claim for the determination of the price of the permanent overhead right and temporary easement right subject to expropriation based on Article 10 of the Expropriation Law No. 2942 amended by Law No. 4650, and the registration of these rights on behalf […]
Overriding Right for the Benefit of Immovable PropertyA superstructure right is an easement right that authorizes the owner of the easement right to construct a building on or under the immovable property of another person, or to protect a previously constructed building, and gives the owner of the easement right a property right over the […]
How to Investigate the Allegation of Legal Incompetence in a Deed Cancellation Case?As stated in Article 15 of the Civil Code, since a person who does not have the power of discrimination (power of appeal) does not have a valid will, the transactions he/she will make cannot be concluded, and the good faith of the […]
Deed Cancellation and Registration Case Due to Murisin’s IncompetenceThe importance of the determination of a person’s capacity in terms of the consequences it has in terms of personal and property law arises automatically. In this case, it is obligatory to collect all the evidence to be presented by the parties, to obtain explanatory and satisfactory […]
How Should Heirs File a Deed Cancellation Lawsuit Due to Incompetence?As it is known, joint ownership is the situation where persons who have a partnership bond between them in accordance with the law or the contracts specified in the law, jointly own a property or right due to this partnership. Regulated under Article 701 of […]
What is the Case for Determining the Ownership of the Encumbrances?In real estate law, the term “encumbrance” is used to refer to structures such as buildings, facilities, etc. and planted plants such as trees and vineyards on a land. The lawsuit for the determination of the ownership of the encumbrance is a type of real […]
Against whom can a lawsuit for determination of ownership of the encumbrance be filed?The lawsuit for the determination of the ownership of the encumbrance must be filed against all title deed owners who do not accept that the encumbrance belongs to the plaintiff. A lawsuit for the determination of the ownership of the land improvements […]
Penalty Clause or Penalty Condition in the Law of Obligations(Y3HD-K.2020/3730 )The Code of Obligations No. 818 (818 p. BK) used the concept of “penalty clause” in Articles 158-161, while the Turkish Code of Obligations No. 6098 (6098 p. TBK) preferred the concept of “penalty condition” instead in Articles 179-182. A penalty clause is the performance […]
Penal Clause in Labor Law(Y22HD-K.2020/4019)One of the most common areas where penal clauses are used is labor law. Both the Labor Law No. 1475 and the Labor Law No. 4857 do not contain a provision on penal clauses. However, since the TCO No. 6098 is a general law, the provisions of the Turkish Code of […]
Conditions for Reduction of Penal Charge in Commercial Law(HGK-K.2021/984)If the penalty clause is heavy and high enough to cause the economic ruin of the merchant debtor, the court may decide to annul the penalty clause in whole or in part, as this will be deemed contrary to general customs and morals.The penal clause [penalty clause […]
Reduction of Penal Terms in Labor Law(Y9HD-K.2021/6992)In the event that the plaintiff chooses to be awarded the penalty clause agreed in the employment contract between the parties, it should also be determined whether the penalty clause should be reduced.The penalty clause is defined in the doctrine as a separate performance with a financial value to […]
Invalidity of the Penalty Clause in an Invalid ContractAccording to the scope of the entire file, the court ruled that the Real Estate Sales Promise Agreement dated 14.02. 2014 dated Real Estate Sales Promissory Contract for the sale of 3 immovables was issued in ordinary written form without complying with the official form requirement specified […]
