FAMILY COURT THE PLAINTIFF : ATTORNEY : DEFENDANT : CASE : Divorce for committing a crime. FACTS : 1- The plaintiff client married the defendant on …./…./…… and had …. children, …………. at the age of … and ……………… at the age of ….. 2- The defendant developed drinking and gambling habits some time after […]
TO THE COMMERCIAL COURT OF FIRST INSTANCE THE PLAINTIFF : PLAINTIFF’S ATTORNEY : DEFENDANT : SUBJECT OF LAWSUIT : It consists of the claim for the detection and cease of the defendant company’s infringement of my client’s registered trademark and the claim for material and moral damages. FACTS : 1- My client company has been […]
Moral Damages For Infringement Of Right Of Name COURT OF FIRST INSTANCE THE PLAINTIFF : ATTORNEY : DEFENDANT : SUBJECT OF LAWSUIT : Non-pecuniary damages for infringement of the right to name. FACTS : 1- The plaintiff is a well-known, popular and respected author with his client’s name and serious literary works. 2- The defendant, […]
Legal Nature Of Vehicle Depreciation And Compensation VEHICLE DEPRECIATIONVehicle depreciation is an item of damage that the less negligent party in a traffic accident may claim from the more negligent party and/or its insurer in accordance with the provisions of tort for the sudden decrease or loss of the value of the vehicle before the […]
Violation Of The Right To The Immunity Of Residence Due To Search At The Workplace Without A Judge’s Warrant Events The applicant is a joint stock company operating in the automotive market. The Competition Board (Board) decided to conduct a preliminary investigation to determine whether certain economic operators, including the applicant, violated the Competition Act […]
Petition For Name Change Case COURT OF FIRST INSTANCE THE PLAINTIFF : ATTORNEY : DEFENDANT : SUBJECT OF THE CASE : Name Change Case. FACTS : 1- Although the real and known name of the plaintiff client is “….”, it is somehow written as “……” in the civil registry. 2- This issue causes great difficulties […]
In traffic accidents causing material damage, the parties may prepare an accident report between themselves. In cases where the parties disagree on the preparation of the accident report, the traffic police may be called for assistance. If the accident report is not issued in traffic accidents with material damage, it may make it difficult to […]
Events The applicant was sentenced to imprisonment by the heavy criminal court for the crime of manslaughter with probable intent, and the criminal department of the regional court of appeal (criminal department), which examined the applicant’s appeal request, rejected the request on the merits. Upon the rejection of the request for appeal, the applicant’s defense […]
Boundary Determination Due To Land Shifting 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, and the […]
The capacity of a party in a lawsuit is one of the conditions for a lawsuit (Art. 114/1-d of the CCP), and the capacity of a party is possible by having the capacity to enjoy civil rights (Art. 50 of the CCP). The capacity to enjoy civil rights, i.e. the capacity to exercise rights, starts […]
Annulment Of The Rule Regulating The Deferral Of The Announcement Of The Judgment (Hagb) Rule Subject to Objection The rule subject to objection stipulates that the announcement of the verdict may be deferred for the defendant sentenced to imprisonment for two years or less or to a judicial fine. Grounds for Application In the application […]
Petition For Dissolution Of The Association Due To Violation Of The Law COURT OF FIRST INSTANCE THE PLAINTIFF : K.H. ATTORNEY : DEFENDANT : SUBJECT OF THE CASE : Request for dissolution of the association due to violation of the law. FACTS : 1- The association, as can be understood from its name, was established […]
General Litigation Conditions In Civil Procedure The conditions of the lawsuit are the conditions, the existence or absence of which is necessary in order to examine the merits of the case and to make a judgment on the merits, in other words, in order to accept the lawsuit, within the framework of the evidence, events […]
Violation Of The Prohibition Of Cruelty Due To Physical Violence Against A Subordinate During Compulsory Military Service Events The applicant was performing his compulsory military service as a private when he was assaulted by İ.H.D., a corporal in the same unit. According to witness accounts, the applicant was handcuffed to a radiator during the physical […]
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 […]
In a narrow sense, a change of party is when one of the parties to a pending lawsuit leaves the lawsuit and is replaced by a third party. Along with this definition, the addition of new persons to one of the parties in the pending lawsuit may also be considered as a change of party. […]
Events Eight immovables registered in the name of the applicants’ grandfather were identified and registered in the name of the Treasury with the cadastral minutes finalized on 2/12/1953 and then transferred to the Istanbul Municipality. Some of these immovables were subsequently registered in the name of third parties. The applicants’ lawsuit for rectification of the […]
Debt Relief Action . TO THE COURT OF FIRST INSTANCE PLAINTIFF (DEBTOR) : PLAINTIFF’S ATTORNEY : DEFENDANT (CREDITOR) : SUBJECT OF THE CASE : It is an action for relief from debt. FACTS : 1- The defendant …………. has filed a lawsuit against my client ………. ………. …. with the claim that it has a […]
Although the conditions of the lawsuit are subject to many distinctions, the important distinction in terms of the subject of the examination is that the conditions of the lawsuit are divided into general conditions of the lawsuit and special conditions of the lawsuit. Accordingly, since the conditions of action listed in Article 114 of the […]
Violation Of The Prohibition Of Discrimination Due To The Treatment Of A Visually Impaired Person In A Bank Events The applicant went to the bank branch to use the loan after being informed by the bank that he had a credit limit. Branch personnel stated that in order to complete the loan transactions, the applicant […]
Request For Decision On Termination Of The Lease Agreement And Eviction Of The Defendant Due To The Expiration Of The Fixed Term Lease Agreement COURT OF FIRST INSTANCE THE PLAINTIFF : ATTORNEY : DEFENDANT : SUBJECT OF THE LAWSUIT : It consists of the request for the termination of the lease agreement and the eviction […]
First Objections In Civil Proceedings The Code of Civil Procedure provides a limited list of what constitutes a first objection. Accordingly, the objection of jurisdiction in cases where there is no strict jurisdiction rule, the objection that the dispute should be resolved through arbitration and the objection of division of labor are the first objections, […]
No Violation Of The Prohibition Of Maltreatment In Terms Of Conditions Of Detention In Penal Institution Events The applicant, who was detained in a T-type penal institution, complained that the conditions were not suitable due to the high number of people in his room and applied to the execution judge to reduce the number of […]
Petition For Extension Of Time To Answer Until The Hearing Date COURT OF FIRST INSTANCE (Request for Injunction) RESPONSE TIME REQUESTING EXTENSION (DEFENDANT) : DEFENDANT’S ATTORNEY : PLAINTIFF : PLAINTIFF’S COUNSEL : SUBJECT OF THE LAWSUIT : Request for extension of the response period until the hearing date in accordance with …….. FACTS : It […]
IN GENERALDismissal is the termination of the power of attorney granted to the lawyer or the representation certificate granted to the representative on certain grounds. The dismissal of a lawyer is regulated under Article 174 of the Attorneyship Law. According to this article; “A lawyer who ceases to pursue the work he has undertaken without […]
Events The applicant, who was held in a T-type closed penal institution, complained that the conditions were not suitable due to the high number of people in the room where he was held and that the newspaper he requested was not sold; he applied to the execution judge with the request to reduce the number […]
Petition For Annulment Of Cooperative Board Decision COURT OF FIRST INSTANCE THE PLAINTIFF : ATTORNEY : DEFENDANT : SUBJECT : ………… dated ………. It consists of the request for annulment of the decision of the cooperative board. FACTS : 1- My client is an employee working at ……………. Municipality and is a partner of ………. […]
Filing A Counterclaim And Time Limits A counterclaim is defined as a lawsuit filed by the defendant of a pending lawsuit against the plaintiff in the same court. According to the definition, the existence of a pending lawsuit is a prerequisite for a counterclaim. The other condition is that there must be an exchange or […]
Annulment Of Certain Articles Of Law No. 7244 On The Effects Of The Covid-19 Pandemic On Economic And Social Life A. “…exceptions and…” in Paragraph (3) of Provisional Article 13 of the Turkish Commercial Code No. 6102 Examination of the phrase The rule subject to the lawsuit stipulates that the Ministry of Trade is authorized […]
Petition For Compensation For Child Benefit COURT OF FIRST INSTANCE THE PLAINTIFF : ATTORNEYS : DEFENDANT :Ministry of Interior SUBJECT OF THE CASE : Compensation (…… TL). FACTS : 1- The plaintiff client is registered in …………. province, …………… district, Volume No: …………, S.No: …………….., married to his wife …………….. in ……… and has three […]
