T.C.
SUPREME
- LAW OFFICE
Main No.: 2013/16348
Decision No.: 2014/218
K. Date: 7.1.2014
In the case between the parties, Ankara is 2. dec. 31.05.2012 2011/61 intellectual and industrial property rights issued by a court of law and day-day on which the decision of the apartment and 2012/15941 24.06.2013 2012/109-2013/13075 against the decision of the decision by the plaintiff’s attorney has been notified of the petition and request the correction of the correction of the decision is given within the period being understood that to the file, edited the report and again been heard within the file petitions, pleadings, and trial proceedings, and all documents read, was considered after review discussed by:
The plaintiff’s Attorney, his client’s medical gas tube sales and rental customers with the conclusion of the contract assigned by filling in for medical gas cylinders that had engaged throughout the country property belonging to the client based on lease contracts in tubes dealers and customers found that engages with the client from the client company hurdacilik the defendant’s twenty-four and the title logo is the tube that carries the defendant was detected between the presence of the tubes with the client that the use of similar commercial rental or no contract and you haven’t had a relationship, he claimed that the defendant, who was involved in the scrap business, had the tubes for the purpose of selling, and the defendant demanded and sued that twenty-four tubes found unjustly in his possession be returned to his client in kind, otherwise 12,234.24 TL, which is 24 tubes worth more than 432 TL, should be given to his client with the collection of the defendant.
The defendant’s attorney has asked for the case to be dismissed.
According to the evidence collected by the court in the case of the tubes out of the hands of possession with the consent of the plaintiff, with the consent of the owner of the tubes in the nature from the hand of the goods transported by the company for the first time out of the case with gas-area businesses in a move which has been transferred from him to the defendant in the case where the possession of his Maliki, a move that thing from anyone who acquires property rights on the possessor in good faith as sure, even though such possession is not authorized to make dispositions of acquisition will be protected, on the grounds that the defendant’s case is not malicious, decision for the rejection of established, upon the appeal of the plaintiff’s deputy, it was approved by our Apartment.
The plaintiff’s deputy filed a request for correction of the decision.
The case relates to the request for the exact return of the tubes claimed to belong to the plaintiff and the collection of their cost, if not.
The fact that the tubes used to fill medical gas belong to the plaintiff, that the tubes of the aforementioned type are left as property to the companies outside the case along with the gas, that gas is sold as it empties, that the ownership of the tubes is not transferred, and that only their ownership is transferred is not subject to dispute. In addition, the aspects where the tubes seized at the defendant’s workplace are the original ones, where the plaintiff logo is on them, and where the defendant who is engaged in junkyard purchases these tubes from the out-of-case company for an invoice are fixed in the scope of the file. The defendant argued that he had bought the tubes in the nature of securities from zilyedi in good faith.
985 OF the TMK. as a rule, in accordance with the article, the ring of a movable thing is considered its property. Again, as a rule, these gains of those who acquire rights in good faith from dishonesty by relying on this presumption of ownership are protected. The goodwill in the mentioned regulation is of a subjective nature. In other words, the winner should not know or be in a position to know that the person who has earned the right to it does not have the authority to do so. Goodwill is noble and is considered to exist as presumption. But no one who does not take the care expected of him in accordance with the requirements of the situation can claim goodwill. In addition, the fact that the winner’s research has not been conducted in cases that may reveal the unauthorized nature of the saver eliminates the claim of goodwill. (See p. Oguzman-Selici -Ozdemir : Property Law, p.96-97).
In this situation, the tubes are of a medical nature that belongs to the plaintiff, the plaintiff in the obvious way, where the sign indicates that belongs to them, and circulation is subject to the regulations and standards where specific market movements, scrap dealing incumbent upon the defendant’s property, the gains of the necessary operating in the field of attention since it’s not, this aspect is the absence of good faith for the benefit of the plaintiff for the settlement of the dispute by accepting a decision while you should corruption of Appeal is upheld the objections and rejections, with the acceptance of the request of the plaintiff’s deputy to correct the decision, it was necessary to remove the decision of our Department dated 24.06.2013, Decision No. 2012/15941 Esas-2013/13075 and decide on the violation of the provision for the reasons described above.
CONCLUSION: With the acceptance of the plaintiff’s deputy’s request for decision correction for the reasons described above, the decision No. 2013/13075 on 2012/15951 was lifted and the decision No. 2013/13075 was overturned for the benefit of the plaintiff for the reasons described above, the advance appeal, appeal and decision correction fee was returned unanimously on 07.01.2014 to the appellant and the decision correction person upon request.
