The Facts At the time the events occurred, the applicant was the Chair of the Board of Directors of the Union of Chambers of Turkish Engineers and Architects (TMMOB). An administrative fine was imposed on the applicant pursuant to Article 32 of the Misdemeanors Law No. 5326 due to certain publications containing opinions regarding a […]
The legislature has made it quite difficult for landlords to terminate lease agreements under the Turkish Code of Obligations No. 6098. While a tenant may terminate a fixed-term lease agreement by providing notice 15 days prior to the expiration of the term and without providing any valid reason, a landlord may not terminate the lease […]
Events Following the July 15 coup attempt, the First Presidency Council of the Supreme Court of Appeals decided to establish a High Disciplinary Board to investigate the actions of 133 members of the Supreme Court of Appeals, including the petitioner. By decision of the High Disciplinary Board, an investigator was appointed to conduct the investigation. […]
Petition For The Revocation Of An Appointment / Complaint For The Revocation Of An Appointment TO THE PRESIDENCY OF THE ADMINISTRATIVE COURT A Motion for a Stay of Execution is Filed. A Hearing Is Requested. Plaintiff: First Name Last Name (Turkish ID No.) – Address Attorney: Defendant: Institution Name – Address Date of Service: Subject […]
What Is The Difference Between A Standard Lease Agreement And A Residential And Commercial Lease Agreement? In ordinary lease agreements, if the tenancy relationship continues even after a fixed-term lease agreement has expired, the lease agreement converts into an indefinite-term lease agreement. However, in the leasing of residential properties and commercial premises with a roof, […]
Facts The applicant claimed that he was unable to access his properties in the village he was forced to abandon in 1994–1995 due to terrorist incidents and, on December 6, 2017, filed a claim with the Damage Assessment Commission (Commission) seeking compensation for damages resulting from the inability to access the property for the period […]
Violation Of A Person’s Right To Protect And Enhance Their Physical And Mental Well-Being Due To Medical Negligence The Events The applicants are the infant (first applicant), who was diagnosed with a congenital condition resulting from the failure of the esophagus to connect to the stomach as of the date of the events, and the […]
Petition For Divorce On The Grounds Of Adultery [Enter Court Information] TO THE HONORABLE COURT [Enter Location Information] PLAINTIFF: [Enter Name] ATTORNEY: [Enter Attorney Information] DEFENDANT: [Enter Name] SUBJECT: Divorce on the grounds of adultery. STATEMENTS: 1-My client has been married to the defendant for 22 years. They have six children from their marriage. The […]
Due to the recent economic difficulties in our country, many companies have fallen into financial distress and, as a result, have begun to face difficulties in fulfilling their debt obligations. This situation, of course, also affects the companies that are creditors of these firms and, consequently, indirectly impacts their financial strength in a negative way. […]
Facts The applicant is currently in custody on charges of attempting to overthrow the constitutional order. During a search of the applicant’s cell conducted by correctional facility staff, a handwritten document belonging to the applicant and described as a diary was seized. Following an examination of the handwritten document by correctional facility staff, a record […]
Petition For Eviction Due To New Ownership TO THE HONORABLE COURT ……. PLAINTIFF: ……. ATTORNEY: ……. DEFENDANT: ……. SUBJECT: Eviction Due to New Acquisition and Necessity CASE VALUE: One Year’s Rent ……. EXPLANATIONS: 1-The defendant is a tenant of the former owner of the house recently purchased by our client. 2-The apartment located at ……. […]
What Is a Check? A check is a negotiable instrument governed by Book Three of the Turkish Commercial Code No. 6102, the Check Law No. 5941, and the regulations issued pursuant to these laws. A check is a type of negotiable instrument used to meet the needs of commercial life and to overcome the various […]
Rule Subject to Appeal The rule subject to appeal explicitly provides for a legal remedy to appeal a decision to defer the pronouncement of a sentence (HAGB). Grounds for the Application In summary, the application argues that, pursuant to Law No. 5271, HAGB decisions should not produce legal consequences; however, in recent years, laws and […]
In order for payment to be made on a check, the holder must present the check to the drawee. According to Article 796 of the Turkish Commercial Code, the presentation periods for checks are as follows: If the check is to be paid at the place where it was drawn, ten days; If it is […]
Facts The applicant claimed that he was unable to access his properties in the village he was forced to abandon in 1994–1995 due to terrorist incidents and, on December 6, 2017, filed a claim with the Damage Assessment Commission (Commission) seeking compensation for damages resulting from the inability to access the property for the period […]
Application For Age Correction TO THE HONORABLE COURT ……. PLAINTIFF: ……. ATTORNEY: ……. DEFENDANT: ……. REGISTRY OFFICE SUBJECT: REQUEST FOR CORRECTION OF AGE EXPLANATIONS: 1-Our client’s minor child, born on ……. , was mistakenly registered in the population registry as having been born on ……. 2-Our client’s child was born at home. There is no […]
The duration for which the holder retains the right of recourse against the endorsers, the drawer, and other parties liable on the check, or the duration for which one party liable on the check retains the right of recourse against another, is governed by Article 814 of the Turkish Commercial Code, titled “Statute of Limitations.” […]
Negative Determination And Restitution Cases – Case Law Although the plaintiff denied the signature on the promissory note, the Forensic Medicine Institute’s report determined that the signature on the promissory note was made by the plaintiff’s hand; although it is necessary to examine signatures predating the document’s date, it has been established that even signatures […]
In the case of negotiable instruments, the debt must be proven only by a written document of equal value or by evidence in the form of an oath constituting conclusive proof; the request for cross-examination regarding regarding why the instruments in question were received or in exchange for what property is unfounded, and that the […]
Although it has been alleged that the promissory notes forming the basis of the claim in this case were “issued in reliance on cash amounts delivered in person,” given the substantial amounts involved in the notes, it “does not appear consistent with the ordinary course of life that the cash was delivered in person to […]
The Concepts Of The “Principle Of Abstraction” And The “Ordinary Course Of Life” In Practice We observe that the “principle of abstractness” and the “contrary to the ordinary course of life” criterion in negotiable instruments have largely prevented the filing of “actions for negative declaration regarding negotiable instruments,” and in particular, that the 19th and […]
The Concepts Of The “Principle Of Abstraction” And The “Ordinary Course Of Life” In Practice 2 In an incident that took place years ago; A jobless young man, living off the allowance he received from his grandmother with whom he lived, dressed someone up in a “deliveryman” uniform, handed them an empty package, and sent […]
In an incident that occurred on September 4, 2018; On this date, a courier who arrived at the company’s headquarters insisted on “speaking with a company representative,” stating, “I am from the Office of the President; I have come to deliver a magazine that our President sends exclusively to businesspeople,” and handed over a magazine […]
