As a rule, employers are prohibited from employing uninsured workers. Since the insurance is the social security of the worker, the legislator has foreseen an obligation in this direction in case of abuse of this situation by the employer and stipulated a certain sanction if the employer does not comply with the rule. In practice, […]
Savings principleA judge cannot examine and decide a case by itself without the request of one of the two parties.Except as expressly stated in the law, no one can be compelled to bring a lawsuit in his/her favor or to claim his/her right.The power of disposition continues after the lawsuit is filed on the subject […]
The principle of being brought by the partiesExcept for the exceptions stipulated in the law, the judge cannot take into account what one of the parties did not say or the facts and cannot even act to remind them.Except for the cases specified by law, the judge cannot collect evidence on his own.
Demand loyalty principleThe judge is bound by the results of the parties’ request; He can’t decide more than ten or anything else. Depending on the situation, the request may decide less than the result.The provisions of the law regarding that the judge is not bound by the request of the parties are reserved.
If a debtor does not pay his debt for any reason, the legal proceedings initiated by the creditor through enforcement offices in order to collect his receivables by the state is called enforcement proceedings. Enforcement proceedings are of two types, with and without a verdict. Execution proceeding with a judgment refers to the execution proceeding […]
Mediation; It is a solution method that enables the persons or legal entities who are party to a dispute to end the dispute between them with the help of an impartial third party, that is, a mediator. Through mediation, the dispute between the parties is resolved quickly, precisely and practically. Mediation law, as a rule, […]
Mandatory Mediation: As the name suggests, it is obligatory to go to a mediator before filing a lawsuit for some disputes. Mandatory mediation is a litigation condition for these disputes. In other words, the lawsuit filed without going to the mediator is rejected due to the absence of a lawsuit requirement. Some demands (severance pay, […]
Optional Mediation: Optional mediation is when the parties do not have to go to a mediator, but prefer to apply to a mediator before filing a lawsuit for the resolution of the dispute. The parties may apply to arbitrary mediation regarding any private law dispute that they can dispose of.
It is the situation where the debtor claims that there is no debtor, despite the execution proceeding, which is finalized due to the fact that the debtor does not object to the payment order or that his objection has been lifted by the enforcement court. In this case, the debtor can file a negative declaratory […]
The court in charge of the restitution case is the Civil Courts of First Instance. The competent court is the court of the defendant’s place of residence or the court of the place where the enforcement proceedings are carried out. If the case is won by the plaintiff in the restitution lawsuit, the right to […]
