General Assembly of Law Base Number: 2017/2850 Decision Number: 2019/154 “Justice Text” COURT: Consumer Court The decision dated 20.06.2013 and numbered 2009/1019 E., 2013/688 K. given by the Istanbul 3rd Consumer Court regarding the partial acceptance of the claim for pecuniary damage and the rejection of the claim for non-pecuniary damage, at the end of […]
Criminal Chamber Base Number: 2015/39470 Decision Number: 2017/9714 “Justice Text” COURT: Assize CourtCRIME: InsultJURISDICTION: Conviction DECISIONThe judgment rendered by the Local Court was appealed, and the file was discussed according to the duration of the application, the nature of the decision and the date of the crime:Since there were no grounds for refusal of the […]
3rd Department of the Council of State Base Number: 2017/2173 Decision Number: 2021/1449 “Justice Text” T.R.D A N I Ş T A YTHIRD FLATBase Number : 2017/2173Decision No: 2021/1449 APPEAL (DEFENSE): … Tax Office/…ATTORNEY: Atty. … OPPONENT PARTY (PLAINTANT): …ATTORNEY: Atty. … SUBJECT OF THE REQUEST: … It is requested that the decision of the […]
According to Article 6 of the Turkish Civil Code, “unless there is a contrary provision in the law, each party is obliged to prove the existence of the facts it bases on” In accordance with Article 190 of the Code of Civil Procedure, “the burden of proof is based on the legal result attached to […]
The filing of bankruptcy does not have any effect on the right to barter as a rule. creditor receivable,the bankrupt can exchange it with his own debt. However, equality between creditors in bankruptcyIn some cases, exchange cannot be made in bankruptcy in order not to deteriorate and prevent this right from being abused. Thissituations are: […]
9.Law office Base Number: 2021/1317 Decision Number: 2021/5702 “Justice Text” REGIONAL COURTCOURT: … 7th Civil ChamberTYPE OF CASE: CREDITFIRST DEGREECOURT: … 43. Labor Court The decision made as a result of the lawsuit between the parties was requested by the plaintiff’s attorney to be examined on appeal, and it was understood that the appeal request […]
Criminal Chamber Base Number: 2018/18571 Decision Number: 2021/7505 “Justice Text” COURT: Criminal Court of First InstanceCRIME: Opposition to Law No. 5607PROVISION: Conviction, confiscation, liquidation The judgment rendered by the local court is appealed; After the file was read according to the nature of the application, the type of punishment, its duration and the date of […]
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. […]
