January 2022

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 […]