Fake Cell Phone Line Opening
OFFENSE AGAINST THE ELECTRONIC COMMUNICATIONS LAW NUMBER 5809 FAKE CELL PHONE LINE OPENING This crime, which occurs when the regulations under the Electronic Communications Law are violated, has become quite common today. Mobile phone lines opened against the knowledge and will of the person are used in the activities of fraudsters and cause many people to be victimized. Article 56 of the Electronic Communications Law No. 5809 defines which actions are criminal offenses in subscription agreements.
Read More
Severance Pay
WHAT IS SEVERANCE PAY? Pursuant to Article 14 of the Labor Law No. 1475, severance pay is a type of compensation that protects the compensation for the services / labor provided by the workers to the employer during the period of employment (these periods are subject to certain conditions). Even though Labor Law No. 1475 has been repealed, Article 14, which regulates severance pay, is still in force and the articles of law other than this article have been repealed. All
Read More
Deed Cancellation and Registration Cases
DEFINITION: It is a type of lawsuit filed before the courts for the rectification of the immovable property as a result of an unlawful registration of the immovable property to the title deed. The deed cancellation lawsuit is not subject to the limited number principle in the law, for this reason, the decisions of the Court of Cassation are important in this regard. In order to talk about the Deed Cancellation case, we first need to talk about the concept of Corrupt Registration. WRONGFUL REGISTRATION: According to TMK M:705; Acquisition of immovable property,
Read More
Reinstatement Case
In order to protect workers against unfair or invalid termination of employment contracts by employers, the legislator has protected the employee by including the reinstatement lawsuit, which is a way that can be easily used by workers, in the Labor Legislation. Who Can File a Reemployment Lawsuit: The right to file a reemployment lawsuit is given to the employee. The employer is not entitled to bring this action. Unjustified by the employer
Read More
Mediation Process in Labor Law
The mediation process in labor law came into force with the entry into force of the Labor Courts Law. The relevant law has made it mandatory to apply to the mediation process, and if it is not applied, it will be decided to be dismissed procedurally due to the lack of a case condition. Mediation is divided into 2 categories. 1- Mandatory Mediation 2- Optional Mediation In this article, we will discuss the cases that fall within the scope of Mandatory Mediation and try to explain the mediation process. COMPULSORY
Read More
Uncontested Divorce
DEFINITION: Uncontested divorce, which is among the general grounds for divorce, is clearly stated in Article 166/3 of the Turkish Civil Code. As can be seen when we look at the text of the article: VI. Breaking of the marriage union Article 166- If the marriage union has been shaken to such an extent that they cannot be expected to maintain a common life, each of the spouses may file a lawsuit for divorce. In the cases specified in the paragraph above, if the fault of the plaintiff is more severe, the defendant shall be entitled
Read More
Contribution Alimony
1. Purpose of Alimony Unlike other types of alimony, alimony is determined without taking into account the fault rate of the spouses. The reason why the fault rate is not taken into account is the obligations arising from the parents' status. Even if the party to be awarded alimony has no fault, he/she will not be able to get rid of the alimony obligation. Another point to be noted is that alimony for maintenance is not only applicable in divorce cases, but also in the Turkish Civil Code.
Read More
Divorce Cases
DIVORCE CASES-1 The marriage union established before the legal authorities can be terminated as a result of a judge's decision through a divorce case. Divorce cases are examined under two headings as 'contentious divorce cases' and 'uncontested divorce cases'. 1-Contentious divorce cases: In cases where there is a disagreement about which party is at fault in terms of fault, alimony, compensation and custody, a contentious divorce case is in question. Contentious divorce cases, general reasons for divorce
Read More
Can Whatsapp Correspondence be Used as Evidence?
Social media and communication programs, which have recently been actively involved in every aspect of our lives, are growing their impact day by day. As a result of this growth, it has now become one of the types of evidence in our trial law. Can such social media and communication applications, which are included in our lives in this way, be shown as evidence in trial law? In which way is it admissible as evidence? To be considered as evidence
Read More
'Curfew Restriction'
INFORMATION ON THE CIRCULAR PUBLISHED BY THE MINISTRY OF INTERIOR REGARDING THE 'CURFEW RESTRICTION' IMPOSED DUE TO CORONA-VIRUS: In the circular on Covid-19 Additional Measures issued by the Ministry of Interior on 15.12.2020, it is stated that lawyers who have to go out and travel due to their duties will not be covered by the ongoing weekend curfew restriction. In the relevant circular, it is stated that
Read More