Penal Clause: If the parties do not comply with the terms of the contract at all or do not comply properly, if they have decided that the non-compliance party will pay a certain amount of money, a penal clause is mentioned. Unlike compensation, there is no need for the damage to occur in the penal […]
Fraudulent bankruptcy, in Article 161 of the Turkish Penal Code No. 5237, “A person who makes fraudulent dispositions to reduce his assets is sentenced to imprisonment from three years to eight years, in case bankruptcy is decided before or after these fraudulent dispositions.” formatted. According to this article, fraudulent bankruptcy is the fraudulent disposition of […]
Taksirli iflas, 5237 sayılı Türk Ceza Kanunu’nun 162. maddesinde, “Tacir olmanın gerekli kıldığı dikkat ve özenin gösterilmemesi dolayısıyla iflasa sebebiyet veren kişi, iflasa karar verilmiş olması halinde, iki aydan bir yıla kadar hapis cezası ile cezalandırılır.” şeklinde düzenlenmiştir. Buradan anlaşılabileceği gibi taksirli iflası; tacirin, tacirlik vasfının gerektirdiği dikkat ve özeni göstermemesi sebebiyle iflasa sebep olması şeklinde tanımlayabiliriz. […]
15.Criminal Chamber Base Number: 2012/18721 Decision Number: 2014/11459 “Justice Text” COURT: Assize CourtCRIME: qualified fraudJURISDICTION: Conviction The file was examined and the need was considered;For fraud to occur; it is necessary for the perpetrator to mislead someone with fraudulent acts that can deceive him, and to benefit himself or someone else at the expense of […]
Criminal Chamber Base Number: 2020/4563 Decision Number: 2020/8694 “Justice Text” COURT: Criminal Court of First InstanceCRIME: Intentional injuryJURISDICTION: Conviction By appealing the judgment given by the local court, by reading the document;It has been discussed and considered:1) When it is understood that the participant and the accused were divorced on 11.03.2015 and that they were […]
A preliminary contract is a contract that obliges one or both parties to enter into the original contract. For example, the promise to sell real estate is a preliminary contract. This contract creates the obligation to make a contract of sale of immovable in the future. It is regulated in Article 29 of the Turkish […]
Invalidity Theory: According to some authors in the doctrine and the Swiss Federal Court (Picasso decision of 1988), the contract is invalid for both parties in case of disability. The right to assert this invalidity belongs only to the injured party. If the injured party does not claim this invalidity within 1 year or gives […]
Unfair exploitation is the creation of a disproportion between the act and the counteract by making use of the inexperience or thoughtlessness of the other party in a difficult situation (in negotiation). According to TBK; “If there is a clear disproportion between the mutual acts in a contract,disproportion, due to the distress or inconsiderate of […]
Contract Theory: Performance is a contract in terms of its legal nature. The practical consequence of this view is that the person performing must have contractual capacity. As a rule, it must be fully licensed. A person who is not fully qualified will not be able to perform the debt. 2- Material Verb Theory: Performance […]
The fact that the third party fulfilling the debt is the owner of the primary and secondary rights of the creditor arising from the debt relationship is called succession. In such cases, the receivable does not end with the performance of the third party and passes to the third party performing as per the law. […]
