In the lawsuit pending before the Civil Courts, the parties to the lawsuit may make certain dispositions on the subject matter of the lawsuit. The provisions to be applied differ according to the nature of the disposing party. In the event that the subject matter of the lawsuit is transferred by the defendant, the plaintiff […]
The Rule Stıpulatıng That Only Legal Interest Shall Be Paıd For Late Payment Of Exproprıatıon Costs Is Unconstıtutıonal Rule Subject to Objection The rule subject to objection stipulates that if the lawsuit filed for the determination of the expropriation price is not concluded within four months, legal interest shall be charged on the determined price […]
Request For Dıssolutıon Of An Assocıatıon Wıth Defıcıencıes In Its Establıshment COURT OF FIRST INSTANCE (Measure Requested) THE PLAINTIFF : K.H. ATTORNEYS : DEFENDANT : SUBJECT OF THE CASE : The request for the dissolution of the association that has deficiencies in its establishment. FACTS : 1- The association, whose name and address is written […]
What To Do Agaınst A Decısıon Of Incompetence Or Lack Of Jurısdıctıon? In GeneralArticle 20 of the Code of Civil Procedure stipulates that the court that decides on lack of jurisdiction or lack of jurisdiction shall send the petition and the case file to the competent or authorized court. However, the court that renders a […]
Annulment Of Certaın Provısıons Of The Law No. 7183 On Turkey Tourısm Promotıon And Development Agency A. “…and the source…” in subparagraph (d) of paragraph (1) of Article 4 of Law No. 7183 Examination of the phrase While Law No. 7183 does not specify the criteria for the preparation of the budget in the context […]
Petition Regarding Our Waiver Of The Lawsuit COURT OF FIRST INSTANCE FILE NO: WAIVER OF LAWSUIT THE CLAIMANT (PLAINTIFF) : PLAINTIFF’S ATTORNEY : DEFENDANT : DEFENDANT’S REPRESENTATIVE : SUBJECT OF THE CASE : It consists of the submission of our statement regarding our waiver of the lawsuit. REASONS FOR WAIVER : 1- In the case […]
SEPTEMBER 09 PRINCIPLE OF PROCEDURAL ECONOMYPosted at 15:45h in Bilgi Deposu by Baris Kaya 0 Comments0LikesShareDissolution of Ordinary PartnershipIn GeneralPursuant to the principle of procedural economy regulated in Article 30 of the Code of Civil Procedure No. 6100, the judge is obliged to ensure that the proceedings are conducted within a reasonable time and in […]
Annulment Of Certain Provisions Of The Law No. 7255 On Making Certain Regulations In The Field Of Food, Agriculture And Forestry A. Examination of the Sections Added to the First Sentence of the First Paragraph of Article 18 of Law No. 6831 The rule subject to the lawsuit stipulates that the General Directorate of Forestry […]
Petition Sample For Negative Determination Case COURT OF FIRST INSTANCE (interim injunction requested) THE PLAINTIFF : PLAINTIFF’S ATTORNEY : DEFENDANT : SUBJECT OF THE LAWSUIT : ……….. is a negative declaration lawsuit for the determination that my client is not indebted. FACTS : 1- My client … purchased … Bürosit brand office chair and an […]
Anyone who may be deemed to have the capacity to file a lawsuit may file and pursue the lawsuit in person or through an attorney to be appointed by him/her. If the lawsuit is to be pursued through a proxy, a power of attorney will be required. The attorney may terminate the duty entrusted to […]
Violation Of The Rights To Life And Effective Application And Prohibition Of Ill-Treatment Due To Non-Voluntary Refoulement Events As a result of the fight in which the applicant, who is a national of the Syrian Arab Republic and who is in our country with temporary protection status, was involved, it was decided to deport him […]
Petition For Notification Of Lawsuit TO THE COURT OF FIRST INSTANCE FILE NO: NOTIFYING THE CASE (DEFENDANT) : DEFENDANT’S ATTORNEY : PLAINTIFF : PLAINTIFF’S COUNSEL : DEFENDANT NOTIFIED : SUBJECT OF THE CASE : ……../….. It is the request for notification of the case numbered ……….. FACTS : 1- My client ………., the defendant ……., […]
In our law, the venue of the proceedings is regulated by law as a rule. Article 17 of the Code of Civil Procedure, on the other hand, introduces an exceptional provision and accepts that merchants and public legal entities may authorize one or more courts to be competent for a dispute that has arisen or […]
Events The applicant, who was detained on 1/11/2016 within the scope of an investigation against him and released on 3/11/2016, was tried for membership of an armed terrorist organization, establishing or leading an armed terrorist organization and was acquitted at the end of the trial. The acquittal decision did not award an attorney’s fee in […]
Petition For The Renewal Of A Case That Has Been Abandoned TO THE COURT OF FIRST INSTANCE FILE NO : ………. DEFENDANT : PLAINTIFF’S ATTORNEY : DEFENDANT : SUBJECT OF THE CASE : It is a request for the renewal of our case that has been left to appeal. FACTS : 1- Our case numbered […]
Special Authority Rule: Insurance Contracts The Code of Civil Procedure No. 6100 introduces a provision on jurisdiction in its second part. Although the jurisdiction provisions are divided into general jurisdiction rules and special jurisdiction rules, Article 15 regulates the jurisdiction rules in cases arising from insurance contracts. In the text of the Law, it is […]
Evidence Violation Of The Principle Of Legality Of Crimes And Punishments Due To The Expansive Interpretation Of The Penal Norm Events The applicant was at the time of the events the chairman of the board of directors of G. Tarım Ürünleri Pazarlama Sanayi ve Ticaret Anonim Şirketi (the Company), a company engaged in foreign trade. […]
Petition For Request For Discovery Of Evidence EVIDENCE DETECTION REQUESTER : PROVISIONAL : AGAINST PARTY : SUBJECT OF REQUEST : FACTS : It consists of a request for discovery of evidence. FACTS : 1- The two-storey building owned by my client …….. and located in …….ili, ……….., ……….. It was notified to my client on […]
Chapter 6100 of the Code of Civil Procedure regulates the reinstatement procedure as the second division. The legislator regulated the request in the text of Article 95. Although it is stated that “Anyone who, due to unavoidable reasons, cannot perform an action within the period of time specified in the law or strictly determined by […]
Relevant Articles Of Law No. 6563 On The Regulation Of Electronic Commerce Are Not Contrary To The Constitution A. Examination of the First Sentence and Paragraph (a) of Clause (1) of Additional Article 2 added to Law No. 6563 by Article 8 The rules subject to the lawsuit stipulate that electronic commerce intermediary service providers […]
Petition For Land Registry Case COURT OF FIRST INSTANCE THE PLAINTIFF : ……………University Rectorate ATTORNEY : DEFENDANT : SUBJECT OF THE CASE : Title deed registration case. FACTS : 1- The immovable immovable registered in ……, ……. parcel number, ………….. was expropriated in accordance with the expropriation decision approved by the decision of the Rectorate […]
Article 119 of the Code of Civil Procedure No. 6100 regulates the mandatory elements of the statement of claim. In the text of the article, the legislator has specifically regulated the elements that can be completed after the filing of the statement of claim and the elements that must be included in the statement of […]
Rejection Of The Request For Annulment Of Certain Rules And Annulment Of Certain Rules Of The Teaching Profession Law No. 7354 A. “…by the Ministry of National Education…” in Article 3, Paragraph (4) and Article 4, Paragraph (1) of the Law Examination of the phrase Paragraph (4) of Article 3 of the Law on Teaching […]
Request For Correction Of Gender Record COURT OF FIRST INSTANCE THE PLAINTIFF : ATTORNEY : DEFENDANT : SUBJECT OF THE CASE : It consists of the request for correction of gender registration. FACTS : 1- My client ……………., ………. province, ………. district …………. neighborhood …… household …… volume …… page is registered in the population. […]
The Code of Civil Procedure No. 6100 categorizes the circumstances that may prevent a judge from hearing a case under two headings. It is also possible to apply the recusal of the judge in certain cases, as well as the prohibition of the judge. Article 34 of the Code of Civil Procedure regulates In the […]
No Violation Of Freedom Of Expression Due To Disciplinary Penalty Based On Hunger Strike In Penal Institution Events The applicants, who were detained or convicted of terrorist offences in penal institutions, went on a hunger strike with similar petitions and generally on the grounds that the leader of the terrorist organization was being kept in […]
Petition For Land Registry Case THE PLAINTIFF : ATTORNEY : DEFENDANT : SUBJECT OF THE CASE : Title deed registration case (…… TL). FACTS : 1- The plaintiff client is the owner of the immovable registered in the title deed ….., ……. parcel number. The defendant is also the owner of the immovable adjacent to […]
Just Cause For Termination For Bank Call Center Employees As an employee-employer dispute that we have come across frequently recently, the resignation of the personnel working in the call center is of great importance. People who cannot get a job in their own field of work with the conditions of the day prefer full and […]
The Rule Regulating The Creation Of Positions For The Council Of Judges And Prosecutors Is Unconstitutional Subject Rule The rule subject to the lawsuit envisages the creation of Board of Judges and Prosecutors (HSK / Board) inspector and examination judge positions for the central organization and the addition of these positions to the HSK section […]
03 ATTACHMENT SAMPLE REPLY TO REPLYPosted at 19:07h in Petition Samples by Barış kaya 0 Comments0LikesShareDissolution of Ordinary PartnershipCOURT OF FIRST INSTANCE FILE NO :THE PLAINTIFF : ATTORNEY : DEFENDANT : ATTORNEY : SUBJECT : Our reply to the opposing party’s reply petition. EXPLANATIONS First of all, we reiterate the content of our petition for […]
