Goods Regime Concept, Types, SelectionThe rules regarding the goods regime in our law are generally; your spouseseach of them, their rights and obligations towards the property belonging to them and their spouse, from each other when the property regime ends (deathwhat are the rights they can claim from their heirsorganizes.The Turkish Civil Code No. 4721 […]
Commodity Regime Start DateIn lawsuits regarding the liquidation of the property regime, such as the contribution fee claim, the value increase share lawsuit, the surplus value participation claim lawsuit.First of all, the following issues should be determined: According to which property regime rules will these cases be resolved? Rules will be applied in the caseWhat […]
End Time of the Goods RegimeIn order to file a lawsuit for the liquidation of the property regime; The existing property regime between the parties must come to an end. The end of the property regime is not the same as the end of the marriage union. SometimesThe existing property regime between spouses ends before […]
Types of Property Regime Litigation Cases regarding the property regime, which are still being heard in family courts and which are under appeal at the Court of Cassation; “transition to the extraordinary property regime” (TMK art. 206 vd), “value increase share receivables case”(TMK m. 227), “litigation for participation in residual value” (TMK m. 231-236),and the […]
Case for Transition to the Extraordinary Property RegimeSpouses can legally sign a property regime agreement “together” whenever they wish.the right to change the existing property regime between them within the bordersthey have. However, in some cases, the existing goods regime between themIt may be necessary to change, change without the spouses acting “together”. If the […]
Contribution Receivable CaseIn practice, it is also called the “contribution share” case.The subject of this case is mostly the previous Civil Code No. 743.in force (period before 01. 01. 2002)immovable property acquired and registered in the title deed in the name of one of the spouses, trafficcreates motor vehicles registered in registration offices. Mostlyreal estate […]
Residual Value Participation ClaimThe legal basis of this case is the articles of the Turkish Civil Code numbered 4721 regulating the regime of participation in acquired goods (art.218-241), especially 231-236. articles and Supreme Court decisions. The regime of participation in the goods acquired with the goods regime contract.in accordance with the law because they have […]
T.R. SUPREME COURT Law OfficeBasis: 2016/577Decision: 2016/3867Decision Date: 14.07.2016 ACTION RESULTING FROM THE WORKS CONTRACT – DECISION TO COLLECT THE FEE FROM THE DEFENDANT AS A RESULT OF ACCOUNTING ERRORS – THE REQUEST FOR CORRECTION OF THE DECISION IS SEEN AND ACCEPTABLE IN THIS DIRECTION AND CORRECTION OF MATERIAL DEFECT SUMMARY: Since the local court […]
T.R. SUPREME COURT Law OfficeBasis: 2016/3944Decision: 2016/7541Decision Date: 28.06.2016 ACTION FOR OBJECTION TO THE DETERMINATION OF CADASTRE – A REPORT SHOULD BE TAKEN FROM AGRICULTURAL ENGINEER IN CONSIDERATION WITH THE PURPOSE OF THE LAW AND ISSUED A DECISION ON THE RESULTS, REGARDING IF THE PROPERTY IS WATER OR DRY AGRICULTURAL LAND SUMMARY: As to whether […]
T.R. SUPREME COURT Law OfficeBasis: 2015/6421Decision: 2016/19279Decision Date: 27.06.2016 ACTION ON EMPLOYEE RECEIVABLES – TERMINATION OF EMPLOYMENT RELATIONS BY RETIREMENT – WHETHER THE PRE-TRANSFER PAYABLES OF THE PROVINCIAL ADMINISTRATION, whose LEGAL Personality has been Abolished, WERE TRANSFERRED TO ANY INSTITUTION – THE PROVISION IS BROKEN SUMMARY: In the case that is the subject of the […]
