Moral Damages: Moral damages can be defined as emotional and/or physical pain such as grief, sorrow, and distress felt by a person as a result of an attack on their personal rights. In cases where a person’s physical integrity is violated, the money paid to the injured party or, in some cases, to their relatives, […]
If the engagement ends for a reason other than marriage, gifts given by the fiancés to each other or by their parents or persons acting in their stead that are outside the scope of customary gifts may be reclaimed by the givers. If the gift cannot be returned in kind or by equivalent value, the […]
Supreme Court Decision Regarding The Breach Of Engagement Article 4 of Law No. 4787 on the Establishment, Duties, and Procedures of Family Courts stipulates that all cases arising from matters regulated in Articles 118-395 of the Turkish Civil Code, excluding the third part of the second book of the Turkish Civil Code No. 4721, shall […]
Supreme Court Decision – 3rd Civil Chamber, Case No. 2016/10999, Decision No. 2017/18314, Date: 27.12.2017 The main and consolidated case concerns the return of gifts due to the annulment of the engagement and a claim for material and moral damages. 1-Based on the documents in the file, the evidence on which the decision is based, […]
Events An energy transmission line was installed over the real estate owned by the applicants twice, before and after 1983, without expropriation or the establishment of an administrative easement. The applicants filed a compensation lawsuit against the Turkish Electricity Distribution Corporation (TEDAŞ) in the civil court for unlawful appropriation. The court accepted the case based […]
COURT OF PEACE PLAINTIFF: ATTORNEY: DEFENDANT: SUBJECT OF THE CASE: The case concerns the termination of the lease agreement and the eviction of the tenant due to the tenant subletting the leased property to a third party. FACTS: 1- Defendant Tenant K resides as a tenant in the apartment located at ………….. address in ……… […]
What Is An Administrative Action Cancellation Lawsuit? What Is The Difference Between A Full Judgment Lawsuit? In administrative law, an annulment action is a lawsuit filed in the administrative courts that aims to review the legality of administrative actions through judicial means. An annulment action is a type of administrative lawsuit filed by those whose […]
Events The applicant, who was a member of parliament at the time of the application, was detained as part of an investigation conducted by the Chief Public Prosecutor’s Office on charges of establishing and leading an armed terrorist organization and was referred to the 4th Criminal Court of Peace. As a result of the trial, […]
COURT OF PEACE PLAINTIFF: PLAINTIFF’S ATTORNEY: DEFENDANT: SUBJECT OF THE CASE: Request for eviction due to the tenant’s default. (Two justified notices) FACTS: 1- The Defendant Tenant …, residing as a tenant in the apartment located at ……….. address in Yenimahalle district, ……. province, owned by my client the Lessor …, pursuant to the lease […]
A full trial case is a type of administrative lawsuit filed by a person who has suffered material and moral damages due to any administrative act, action, or omission, with the aim of obtaining compensation for such damages. If a full trial case is based on a claim for compensation for damages arising from an […]
Incidents In 2004, a passenger train traveling from Haydarpaşa (Istanbul) to Ankara derailed near the district of Pamukova, resulting in the deaths of many people and injuries to many others. Among the deceased was the mother of the applicants, F.Y. In the investigation launched by the Chief Public Prosecutor’s Office in connection with the incident, […]
TO THE HONORABLE COURT ……. PLAINTIFF:……. ATTORNEY:……. DEFENDANT: POPULATION REGISTRY OFFICE SUBJECT: DETERMINATION OF DEATH EXPLANATIONS: 1-Our client’s mother committed suicide as a result of a breakdown she suffered at home on ……. The deceased’s population registry is ……. Province, ……. District, ……. Neighborhood, ……. Volume No., ……. Page No., and ……. Register Serial No. […]
Events At the time of the events, the applicant was working as a lecturer at a state university with the title of assistant professor. Between 2011 and 2013, nine different disciplinary penalties were imposed on the applicant. Three of these disciplinary penalties were overturned by the Higher Education Council (YÖK) upon appeal, while the others […]
Sample Petition for Alimony Increase ………………………………………….. FAMILY COURT HONORABLE JUDGE PLAINTIFF: ATTORNEY: DEFENDANT: SUBJECT: This is our petition requesting an increase in alimony. EXPLANATIONS 1- The defendant and our client were divorced by the Istanbul Anatolia Family Court on XX/XX/XXXX, Case No. XXXX/XXX and Decision No. XXXX/XXX. The case was appealed to the Court of […]
Appeals may be lodged with the regional administrative court within the jurisdiction of the court that issued the decision within thirty days of notification of the decision, even if other laws provide for a different legal remedy. However, decisions rendered by administrative and tax courts in tax cases involving amounts not exceeding five thousand Turkish […]
Violation Of The Right To Life Due To Inadequate Health Services Events A fire broke out while B.K. and A.K. (brothers), who are the sons of applicants Ali Karakılıç and Songül Karakılıç and the brothers of Cengizhan Karakılıç, were alone at their residence. Firefighters who arrived at the scene extinguished the fire and transported the […]
Inheritance Rights of Children Born Out of Wedlock from Their Mother’s Side Pursuant to Article 282 of the Turkish Civil Code No. 4721 currently in force, “The blood relationship between a child and its mother is established at birth.” In other words, regardless of whether the child was born within or outside of marriage, it […]
Application For Protection Of The Family TO THE HONORABLE COURT PETITIONER COMPLAINANT SPOUSE :……. ATTORNEY :……. OPPOSING PARTY DEFENDANT SPOUSE:……. SUBJECT: Request for Interim Measures Pursuant to Law No. 4320 EXPLANATIONS: Our client and the opposing party, the defendant spouse, have been married since ……. The marriage records are located in ……. Province, ……. District, […]
TO THE HONORABLE COURT ……. PLAINTIFF :……. ATTORNEYS :……. DEFENDANT :……. SUBJECT: Eviction and rent claim due to default VALUE OF THE CLAIM: …….-TL. EXPLANATIONS: 1-Our client has leased the residential property located at ……. address to the defendant under a contract dated ……. and valid for ……. 2-The defendant failed to pay the rent […]
.TO THE HONORABLE COURT PLAINTIFF :……. ATTORNEY :……. Defendant: ……. Subject: Request to Prevent the Defendant’s Actions of Making Changes to the Independent Unit Without the Approval of the Condominium Owners’ Association and to Restore It to Its Original State. EXPLANATIONS: My client is the owner of the independent units numbered …. located on the […]
TO THE HONORABLE COURT PLAINTIFF: ……. ATTORNEY: ……. DEFENDANT: ……. SUBJECT: Our Request for Collection of ……. EXPLANATIONS: My client and the defendant are the co-owners and shareholders of the real estate located at ……. address and registered in the land registry of ……. Province, ……. District, ……. Neighborhood, ……. Block, ……. Sheet, ……. Parcel. […]
Lawsuit Against Condominium Owners Who Fail To Pay Their Debts TO THE HONORABLE COURT PLAINTIFF: ……. ATTORNEY: ……. DEFENDANT: ……. SUBJECT: Our Request for Collection of ……. EXPLANATIONS: My client and the defendant are the co-owners and shareholders of the real estate located at ……. address and registered in the land registry of ……. Province, […]
TO THE HONORABLE COURT ……. PARTY REQUESTING THE NOTICE OF DEFAULT:……. ATTORNEY :……. OPPOSING PARTY :……. SUBJECT: Request for a warning due to abandonment. EXPLANATIONS: 1-Our client has been married to the opposing party for 15 years. The population records are in ……. Province, ……. District, ……. Neighborhood, Volume No; ……., Family No;……., Sequence No; […]
Divorce On The Grounds Of Dishonor TO THE HONORABLE COURT ……. PLAINTIFF :……. ATTORNEY :……. DEFENDANT :……. SUBJECT : Our request for divorce due to dishonesty. EXPLANATIONS: 1-Our client has been married to the defendant for 12 years. Population records……. Province, ……. District, ……. Neighborhood, ……. Volume No, ……. Page No, ……. Registry No. The […]
TO THE HONORABLE COURT ……. PLAINTIFF :……. ATTORNEY :……. DEFENDANT: ……. SUBJECT: Divorce and Alimony Claim Due to Severe Mistreatment. EXPLANATIONS: 1-Our client has been married to the defendant for 8 years. The marriage is registered in the population registry of ……. Province, ……. District, ……. Neighborhood, ……. Volume No., ……. Page No., and ……. […]
Request For A Hearing Date After The Dismissal TO THE HONORABLE COURT ……. FILE NO. :……. PLAINTIFF :……. ATTORNEY :……. DEFENDANT :……. ATTORNEY :……. SUBJECT: Request for a New Hearing Date. EXPLANATION: 1-The case we filed against the defendant in your court on ……. was heard under your court file no. ……. and the court […]
Work Permit Application Letter TO THE HONORABLE COURT ……. PLAINTIFF :……. ATTORNEY :……. DEFENDANT :……. SUBJECT : Our Request for a Work Permit. EXPLANATIONS: 1-Our client has been married to the defendant for 7 years. She is a graduate of the Faculty of Economics and holds a Certified Public Accountant certificate. The marriage records are […]
Check Cancellation Request TO THE HONORABLE COURT ……. PLAINTIFF :……. ATTORNEYS :……. SUBJECT: Request for Continuation of the Decision on Check Cancellation and Payment Prohibition. EXPLANATIONS: 1-Our client ……. received and holds as bearer; 2-Two checks issued by the drawer ……. to the bearer, numbered ……., ……., ……. Account, ……. Check Series Number, ……. Date […]
TO THE HONORABLE COURT ……. PLAINTIFF :……. ATTORNEYS :……. SUBJECT : Request for a payment prohibition on checks. EXPLANATIONS: 1-Our client has lost the checkbook he received from account no. ……. at the ……. branch of ……. bank. 2-There are 4 unused check leaves in the lost checkbook. The serial numbers of the check leaves […]
Request For Extension Of Response Period TO THE HONORABLE COURT ……. FILE NO. :……. REQUEST FOR EXTENSION OF TIME DEFENDANT :……. ATTORNEY :……. PLAINTIFF :……. ATTORNEY :……. SUBJECT : Our Request for Extension of the Time Limit for Responding to the Lawsuit. EXPLANATIONS :1-The petition filed by the plaintiff was served on our client on […]
