T.R. JUDICIARY 13th Civil Chamber Basis: 2019/ 2478 Decision: 2019 / 11298 Decision Date: 14.11.2019 JUDICIARY DECISION COURT: … 3rd Civil Chamber of the Regional Court of Justice between the parties recognition> and At the end of the execution of the enforcement case, as a court of first instance due to the reasons written in […]
Eligibility for Cash Wage Support for Workers whose Unemployment Benefit RestartedConditionsThe first paragraph of the fourth paragraph of Article 50 of the Unemployment Insurance Law No. 4447in accordance with the sentence; the insured again, before completing the unemployment benefit period.fulfill the conditions stipulated for getting a job and benefiting from unemployment insurance benefits.unemployment benefit, which […]
T.R. YARGITAY 9th Law Office Base: 2015/ 35548 Decision: 2019 / 19790 Decision Date: 13.11.2019 JUDICIARY DECISION COURT: LABOR COURT The decision made as a result of the lawsuit between the parties was requested by the defendant’s attorney to be examined on appeal, and it was understood that the appeal requests were in time. After […]
T.R. YARGITAY 9th Law Office Base: 2015/ 36236 Decision: 2019 / 19791 Decision Date: 13.11.2019 JUDICIARY DECISION COURT: LABOR COURT The decision made as a result of the lawsuit between the parties was requested by the defendant’s attorney to be examined on appeal, and it was understood that the appeal requests were in time. After […]
T.R. YARGITAY 9th Law Office Base: 2015/ 34918 Decision: 2019 / 19490 Decision Date: 11.11.2019 JUDICIARY DECISION COURT: LABOR COURT The decision made as a result of the lawsuit between the parties was requested by the parties’ attorneys to be examined on appeal, and it was understood that the appeal requests were in time. After […]
DISCOUNT IN LIMITED COMPANIESWith this article, in the limited companies that are regulated in the Turkish Commercial Code No. 6102 (“TTK”)the institution of expulsion from the partnership and, accordingly, the share gained by the partner whose partnership right has ended.The procedures and principles regarding the separation fund will be briefly mentioned.A. DISCOUNTExpulsion from the partnership […]
Expulsion of a partner based on the reasons set forth in the limited company articles of associationpossible. For this, the company must first take a general assembly resolution. General Assemblyfollowing the decision of the limited company, to remove the relevant partner from the partnership, the headquarters of the companywill apply to the commercial court of […]
Dissolution from Partnership Based on Justified ReasonAnother way to remove a partner from the partnership in limited companies is to leave the partner for just cause.In other words, in the limited company articles of association, which conditions are excluded from the partnership.Since it is not obligatory to state that there will be a reason for […]
Merger, Unlawful Use of Sovereignty and Non-Performance of Capital DebtDisengagement Based onTTK, the partnership of the partners of the limited company who oppose the merger of the company with another company,It allows them to be removed from the partnership because they do not consent to the transaction. Such anIn this case, the partners can only […]
MONEY OF LEAVETCC stipulates that if a limited liability company partner is removed from the partnership, the relevant partner leaves the partnership.to the partner leaving the company, in order to prevent it from being considered a punitive approach.It is stipulated that a retirement fund is paid, which corresponds to the actual value of the basic […]
Regulation on the subject 4857 p. It has been introduced in Article 24/II-b of the Labor Law. According to this;“Words that will touch the honor and honor of the employer, employee or one of his family members.says, if he acts “before or before the expiry of the employment contract”may terminate immediately without notice of termination. […]
… TO THE NOTARY PINK SLIP NOTIFIED : ADDRESS : ATTORNEY: (Legal representatives of the parties, if any) ADDRESS : (Legal representatives of the parties, if any) NOTIFIED: ADDRESS : SUBJECT : It consists of our request for the return of the real estate located at the address … allocated to you with the protocol […]
T.R. YARGITAY 15th Civil Chamber Basis: 2017/ 4843 Decision: 2019 / 2993 Decision Date: 26.06.2019 SUMMARY: The court held that the claim that the execution of the contract was impossible without the fault of the plaintiff could not be proven, the defendant land owner’s dismissal from the power of attorney to not use the powers […]
T.R. JUDICIARY 13th Law Office Principle: 2016/ 12625 Decision: 2019 / 6317 Decision Date: 20.05.2019 SUMMARY: According to the court, the plaintiff could not prove with definitive evidence that he paid the amount of ….. TL that must be paid under the contract, therefore he requested the claim within the scope of negative and positive […]
T.R. JUDICIARY 19th Department of Law Base: 2018/ 1341 Decision: 2019 / 876 Decision Date: 14.02.2019 SUMMARY: Since it was collected at the point of payment of withdrawal compensation and the determination that the defendant was right to receive this amount was incorrect, the plaintiff did not have any request in this direction, and there […]
T.R. YARGITAY 8th Law Office Base: 2018/ 14999 Decision: 2018 / 18937 Decision Date: 20.11.2018 SUMMARY: The case is about the request for the removal of the objection to the proceedings initiated for the collection of the rent receivable. There is no disagreement between the parties regarding the lease agreement with a starting date and […]
T.R. YARGITAY 13th Law Office Principle: 2017/ 3657 Decision: 2018 / 10801 Decision Date: 19.11.2018 SUMMARY: While the court should investigate the documents in the file, the situation that the zoning plan of the place where the transformer is moved has been canceled, and whether the contract provisions have become impossible by taking into account […]
T.R. YARGITAY 15th Law Office Basis: 2018/2380 Decision: 2018 / 1912 Decision Date: 14.05.2018 SUMMARY: In accordance with the subcontracting agreement between the parties dated 13.03.2012, the cost of the work done by the plaintiff; According to the expert report received, it was determined as 52,580,00 and there was no misconduct in accepting this part […]
T.R. JUDICIARY 19th Department of Law Base: 2016/ 9422 Decision: 2018 / 1089 Decision Date: 01.03.2018 SUMMARY: It is not correct to base the judgment on the legal interpretations in the expert reports prepared by the court contrary to the provisions of the contract and the law. The work to be done by the court […]
The “return of the announcement of the provision” added to Article 231 of the CMK with SY 5560The institution of “release” has long existed in Western countries. The institution has been around since the 1950s.It has existed in Continental European legal systems since then. The practice first appeared in Anglo-Saxon law and then took its […]
Criminal Procedure Law No. 5271 (CMK), judicial subjectsWhile regulating the law, it has given special importance to “the one who has been harmed by the crime” and many powers not found in the CMUK.and rightfully granted. In this way, CMK strengthened the personal claim; revealing the material truthclinched the importance of the personal claim in […]
Legal regulation:The rights of the victim and the complainant in Article 234 of the Law No. 5271edited. According to this; If the victim and the complainant do not have a representative, the bar associationhas the right to request the appointment of a lawyer. The victim is under the age of eighteen,deaf or dumb or disabled […]
Can the Attorney for the Complainant Hear in the Preliminary Investigation?In practice, during the preliminary investigation, while the victim is resting,An attorney is also present. However, pursuant to article 236 of the CMK; “(1) VictimIn the event that he is heard as a witness, the provisions regarding the testimony apply, except for the oath…(2)The child […]
One of the most discussed and confusing evidences in criminal proceedings,cassettes containing video or audio recordings. Many times, these tapes, by whom, whereand regardless of how it was obtained, it is considered unlawful and cannot be substituted.are not allowed. However, the unconditional, unlawful evidence of audio and video recordingscannot be accepted asFirst of all, it […]
The concept of reason in this theory will be contrary to the law and sense of justice.is claimed to be expanded. The limit at which chain logic will stop in the form of conditional conditionunknown. According to this theory, in every murder crime, the person who invented the gun causes the crime.perhaps it would be […]
The definition of causality is not given in the TCK and there is no clear regulation in this regard.not done. However, in Article 23, which regulates the “crime aggravated by consequence”: “An actIn the event that it causes the formation of a more serious or other result than intended, the person’sto be held responsible for […]
T.R. Supreme Court 1st Law Office Base: 2016/ 15630 Decision: 2020 / 798 Decision Date: 12.02.2020 JUDICIARY DECISION COURT: CIVIL COURT OF FIRST INSTANCE TYPE OF CASE: DEED> CANCELLATION AND REGISTRATION In the case between the parties; The plaintiff stated that the joint inheritors registered their immovable properties, no. 101, 13, 116, 127 and 148 […]
T.R. JUDICIARY 1st Civil Chamber Basis: 2019/ 3518 Decision: 2020 / 762 Decision Date: 10.02.2020 JUDICIARY DECISION COURT: …REGIONAL COURT OF COURT OF COURT 1st LAW OFFICE TYPE OF CASE: DEED> CANCELLATION AND REGISTRATION In the case that was brought together between the parties; In the original and joined lawsuit, the plaintiffs have conveyed that […]
T.R. JUDICIARY 20th Law Office Base: 2019/ 4647 Decision: 2020 / 225 Decision Date: 20.01.2020 JUDICIARY DECISION COURT: Magistrate’s Court At the end of the hearing of the case between the parties, the decision of the Supreme Court was requested by the plaintiff’s attorney, and after the decision to accept the appeal petition, which was […]
T.R. YARGITAY 20th Law Office Principle: 2019/ 3523 Decision: 2019 / 6673 Decision Date: 18.11.2019 SUMMARY: The condition of litigation is one of the exceptions to the prohibition of reversing and should be observed ex officio by the court at every stage of the proceedings. It is not correct that the payments made before the […]
