Termination Of The Employee For Just Cause: Change Of Workplace In the event that the employer changes the place where the employee started to work as a workplace, the employee may be entitled to terminate the employment contract for just cause. Even if the transfer of the workplace to another location is agreed upon by […]
Annulment Of The Rule Providing That The Entire Value Increased As A Result Of Zoning Plan Amendment Subject Rule The rule subject to the lawsuit stipulates that upon the request of the owners of the immovable property, the entire increased value of the land, which has increased in value as a result of the zoning […]
Reply Petition For Compensation COURT OF FIRST INSTANCE CASE NO : DEFENDANT : ATTORNEY : THE PLAINTIFF : ATTORNEY : CASE : Compensation SUBJECT : Our responses to the lawsuit petition dated ………… by the attorney of the plaintiff ………. EXPLANATIONS My client …………. Although he is a specialist physician and as a representative of […]
Entered into force on 01.01.2018, mandatory mediation is the activity of resolving the dispute by the parties themselves by producing the most appropriate solutions to the dispute between them with the contributions of an independent and impartial third party. Article 3/1 of the Labor Courts Law No. 7036 titled “Mediation as a Condition for Litigation” […]
Events In the lawsuit filed on 14/12/2016, the applicant requested the registration of the immovable property, which was left as a road during cadastral surveys, in his name according to the old land registry. During the proceedings, M.B. filed a petition of primary intervention and requested the registration of the immovable property in his name. […]
…… FAMILY COURT THE PLAINTIFF : ATTORNEY : DEFENDANT : SUBJECT OF THE CASE : Divorce. FACTS : 1- Against the defendant ……………….. Family Court on …./…./…… on ……/…… with the file numbered ……/……, but after hearing the parties, the court ruled not for divorce but for separation of the parties for one year. 2- […]
Law No. 7036, which entered into force on 01.01.2018, regulates the work and functioning of Labor Courts. Article 6 of the Law regulates the jurisdiction of labor courts. The new law does not bring any innovation regarding the jurisdiction of the labor courts compared to the jurisdiction regulation in the Law No. 5521. ACCORDING TO […]
Annulment Of The Rule Extending The Deadline For Making Certain Services Accessible To Persons With Disabilities Subject Rule The rule subject to the lawsuit stipulates that, as a result of the audit, the relevant municipalities and public institutions and organizations, the owners of all kinds of buildings and open spaces open to the public, and […]
COURT OF FIRST INSTANCE THE PLAINTIFF : ATTORNEY : DEFENDANT : SUBJECT OF THE LAWSUIT : ……. It consists of the request for the recognition and enforcement of the divorce decision of the Civil Court of First Instance dated ……… and numbered ……………. FACTS : 1- My client and the defendant …….. were married in […]
Promise Of Sale Of Immovable Property By A Bankrupt Even though the goods and rights that enter the bankruptcy estate, which are automatically formed in accordance with the provision of the law upon the issuance of the bankruptcy decision and the opening of the bankruptcy, belong to the bankrupt, the power of disposition of the […]
Annulment Of Certain Provisions Of Law No. 7194 A. Examination of the First Sentence of Paragraph (2) of Article 7 of the Law Article 7 of Law No. 7194 In paragraph (2) of Article 7 of Law No. 7194; digital service providers that are digital service taxpayers or their authorized representative in Turkey, No. 213, […]
PETITION FOR WITHDRAWAL FROM REPRESENTATION – SAMPLE PETITION FOR RESIGNATION FROM REPRESENTATION SİLİVRİ FAMILY COURT File No: 2023/ …… E. Represented by : ………………… (T.C…….) Address:………….. Attorney : Atty. Ezgi Merve SAPMAZ Subject : Presentation of our petition for withdrawal as an attorney. Remarks : We hereby declare that we withdraw from the attorneyship of […]
Alleged Occupancy And Its Application The allegation of occupancy, which is one of the concepts of the Execution Law, and the actions subject to the complaint based on it are regulated under the title of non-foreclosable goods in the Execution and Bankruptcy Law. The allegation of homelessness constitutes an obstacle to the foreclosure and sale […]
Violation Of The Right To Respect For Family Life Due To The Lack Of Legal Regulations To Protect Those İn Exceptional Situations Events B.V., who was married to the applicant’s mother, filed a lawsuit at the family court with the request to adopt the applicant. The court stated that the applicant had been living with […]
SAMPLE PETITION FOR APPEAL AGAINST JUDICIAL CONTROL DECISION TO ÇORLU CRIMINAL COURT OF PEACE ON DUTYTo Be SentTO THE CRIMINAL COURT OF PEACE IN SİLİVRİ Query No :2023/… Query Objection to Judicial Control(Suspect) : ………… (TC:…….) Silivri/ISTANBUL Müdafi : Atty. Subject : This is the presentation of our objections to the judicial control measure decision […]
EXAMPLE OF AN ATTACHMENT PETITIONANTALYA …. FIRST COMMERCIAL COURT REQUESTING AN INJUNCTION(CREDITOR) : PROVISIONAL : THE OTHER PARTY (DEBTOR) : SUBJECT OF THE REQUEST :. It is the request for a precautionary attachment decision to ensure our TL receivable. FACTS : 1)Debtor …. given to the client by the debtor …. with a maturity of […]
Compensation Lawsuit for Wrongful Precautionary Seizure COMPENSATION CASE DUE TO WRONGFUL ATTACHMENTIf the creditor unjustly imposes a precautionary attachment on the debtor’s property and the precautionary attachment is found to be unjust at the end of the lawsuit or proceedings, the debtor must file a compensation lawsuit against the creditor in the general court for […]
Finalization of the Debt in Non-execution Proceedings In an execution proceeding without judgment initiated by way of general attachment, if the debtor notifies his/her objections to the payment order sent to him/her by the enforcement office within 7 days, the execution proceeding shall be suspended. If no objection is made within the objection period, the […]
APPOINTMENT OF A SECRET INVESTIGATOR Currently, in the face of increasing and complex organized crimes, there is a belief that classical protection measures will not be sufficient both in reaching the evidence of the crime and in combating organized crimes. For this reason, some secret protection measures have been needed. One of these is the […]
DEPORT DECISION WHAT IS A DEPORTATION ORDER? Deportation is the removal of foreigners whose behavior is deemed dangerous for the general security and public order of the country in which they are located and who exhibit behaviors contrary to the legislation that sets out the order of migration movements. In accordance with the sovereignty of […]
Deport Decision Deportation of Citizens Living in Turkey: Legal and Social Dimensions Introduction Turkey is a country known for its historical and cultural richness and is home to many citizens living here for different reasons. However, recent events show that some citizens face the risk of being deported from the country. In this article, we […]
Term sheet In criminal law, a time limit is a document that usually indicates that a court judgment is in force and must be executed within a certain period of time. This article is designed to discuss the process, importance and legal aspects of obtaining a writ of mandamus in criminal law. TITLE: THE TIME […]
… FAMILY COURT ON DUTYREQUEST FOR PRECAUTIONARY MEASURES PLAINTIFF :X.Y. ADDRESS . ATTORNEY : ADDRESS :… DEFENDANT :Z.T. ADDRESS : CASE :Liquidation of Property Regime SUBJECT :Presentation of our petition regarding the Contribution Share, Value Increase Share and Participation Claims. A P P L A C T I O N S The parties were married […]
RIGHTS OF THE LESSORRIGHTS OF THE LESSOR BASED ON THE LEASE AGREEMENT;To demand the rent money of the lessor,To demand the use of the property in accordance with the contract,To terminate the lease agreement if the lessee does not use the leased property with due care,To be able to terminate the lease agreement if the […]
Judicial Decisions on Rent DeterminationRELEVANT JUDICIAL COURT DECISIONS-The case is related to the request for monthly rent. In the Supreme Court of Appeals Unification of Jurisprudence Decision dated 18/11/1964 and numbered 2/4, which determines the method of determining the rental money, it is foreseen that the rental money is appreciated at the level “in accordance […]
Eviction Cases In our law, the conditions for the lessor to file an eviction lawsuit are specified in detail in the Turkish Code of Obligations numbered (6098) and the Enforcement and Bankruptcy Law numbered 2004. l EVICTION ACCORDING TO THE TURKISH CODE OF OBLIGATIONSThe provisions regarding the termination of the lease agreement are regulated under […]
Individual application to the Constitutional Court refers to the right of individuals to directly apply to the Constitutional Court with the claim that their fundamental rights and freedoms have been violated by the public power. This process was introduced in Turkey in 2012 with the amendment to Article 148 of the Constitution and the subsequent […]
PRINCIPLES Pursuant to Article 179 of the TCC, the provisions regarding the regime to which the spouses are bound shall apply in the liquidation of the property regime. Accordingly, the liquidation of a property acquired during the period of separation of property shall be governed by the rules regarding the separation of property regime, and […]
