Goodwill and honesty ruleA confusion frequently encountered in practice has left its mark on this issue as well.hit: Subjective goodwill; that is, goodwill and objective goodwill, that is, the rule of honesty,is often confused. The regulation on these in the MK numbered 4721 is as follows:“I. Acting with integrity/ Article 2 – Everyone has the […]
THE APPROACH OF THE JURISDICTION IS AGAINST EQUITY:The approach of the Court of Cassation on this issue is also contrary to equity. Namely;As explained above, most of the construction contracts in return for flat are land plots.the debt to transfer the title deed to be fulfilled after the construction is completedare held. For this reason, […]
APPLICATION OF TAKING MORE THAN ONE OF THE FOREWORD DELIVERY FEE A fee is a money received by the State in return for a service rendered. Judgments and doctrineConsidering the viewpoint, the fee is considered as a kind of tax.Being able to charge a fee for a public service is determined by law and this […]
EXECUTION OF PREVIOUS FOREIGN DECISIONS AND INNOVATIONS BROUGHT TO 6100 HMK According to the old HMUK, the creditor who has the documented receivables, goes to the court for injunctive lienHe would take the decision and just start the enforcement proceedings. Execution of the debtor by making the precautionary lien firstconfiscates their property; Afterwards, he would […]
Republic of Turkey YARGITAY 15th Law Office Principle: 2019/ 2487 Decision: 2020 / 654 Decision Date: 19.02.2020 SUMMARY: According to the scope of the file, it is seen that there is no conflict regarding the payment of the USD down payment, the final payment was made by the plaintiff on the date of …. In […]
Republic of Turkey YARGITAY 15th Law Office Principle: 2019/2119 Decision: 2020 / 662 Decision Date: 19.02.2020 SUMMARY: Although the plaintiff-defendant of the consolidation file has declared that he was dismissed from attorneyship by the land owners during the continuation of the construction, and therefore there was a delay, it is understood that the court did […]
.C YARGITAY 15th Civil Chamber Basis: 2019/ 1938 Decision: 2020 / 675 Decision Date: 19.02.2020 SUMMARY: While the court should decide to partially accept the unpaid progress payment receivable over … TL calculated by the experts and without any cash guarantee deduction, in addition to the acceptance of other demands, it was not correct to […]
T.R. YARGITAY 15th Law Office Basis: 2019/ 1938 Decision: 2020 / 675 Decision Date: 19.02.2020 SUMMARY: While the court should decide to partially accept the unpaid progress payment receivable over … TL calculated by the experts and without any cash guarantee deduction, in addition to the acceptance of other demands, it was not correct to […]
T.R. YARGITAY 15th Law Office Basis: 2019/2160 Decision: 2020 / 679 Decision Date: 19.02.2020 ABSTRACT: As for the concrete case, as explained above, it was decided to reject the petition of the plaintiff-defendants of the consolidation file, as it was understood that a second time request for correction of the decision was made against the […]
T.R. JUDICIARY 23.Civil Chamber Basis: 2016/ 9666 Decision: 2020 / 1094 Decision Date: 19.02.2020 SUMMARY: The amount rejected by the plaintiff’s attorney in the decision regarding the partial acceptance of the lawsuit and the collection of the total amount of … is final as it falls below the appeal limit in terms of amount. As […]
