As Atılım Law Office, we share important court decisions that we have obtained in our legal processes here.
Case for Moral Compensation After Divorce SUMMARY: After the divorce case is finalized and finalized, moral compensation can be requested based on the events that constitute the reason for divorce. The case regarding this request, which is separate from the divorce, should be heard at the Civil Court of First Instance. Y. 2nd HD E:2018/7150 K:2018/14762 T:18/12/2018 1-The writings in the file,
Manufacturing Defect in Vehicle - Hidden Defect Consumer Rights SUMMARY: The manufacturing defect of a product is a “hidden defect”. The consumer who purchases a product with a defect that is not noticed at first glance and which is understood by a detailed examination to be made later, can use the optional rights arising from the law
Lease Agreement - Burden of Proof SUMMARY: The lessor has the burden of proving the existence of the lease relationship and the amount of the rent. If these matters are proved, the lessee is obliged to prove that the rent has been paid or that the leased place has been evacuated. 3rd Civil Chamber of the Court of Cassation
Preparation Allowance for Private Education Institutions SUMMARY: Teachers working in private education institutions should be paid a “preparation allowance for the academic year” every year by their employers. 9th Civil Chamber of the Court of Cassation E: 2012/33276 K: 2013/8117 T: 07/03/2013 The plaintiff employee is entitled to
Withdrawal of Money from ATM - Responsibility of the Bank SUMMARY: In the event of withdrawal of money from the ATM without the knowledge and consent of the account holder, the bank, which is a trust institution that does not have the fault of the account holder, cannot fully ensure the security of the money in the deposit account, and at this point, it is responsible even for its slight fault
Loan Agreement - Seizure of Pension SUMMARY: It is not possible for the pensioner who has accepted the seizure of his salary in the loan agreement to object to the seizure applied on his salary. 13th Civil Chamber of the Court of Cassation E.2018/3308 K.2020/4964 T.22.06.2020 The plaintiff, the salary he received from the defendant bank, the loan he used
Deed Cancellation - Registration Request - Procedure SUMMARY: It cannot be said that the request for cancellation of the title deed also includes the registration request. However, the fact that registration is not requested in the annulment action does not constitute a reason for the dismissal of the action in itself. In this case, the work to be done is to provide the plaintiff with the registration
Objection to the Signature - Status of the Creditor - Bad Faith Compensation SUMMARY: The creditor, who is in a position to know whether the signature on the check subject to the proceeding belongs to the debtor or not, should be deemed grossly negligent and bad faith compensation should be awarded in favor of the debtor. 12th Civil Chamber of the Court of Cassation E. 2018 /
Private University Fee - Summer School SUMMARY: While the plaintiff had the opportunity to take the failed courses in the next academic semester corresponding to the relevant semester without paying any other fee other than the semester fee, the summer school opened voluntarily and with a fee
Liability of Heirs - Rejection of Inheritance SUMMARY: Heirs are jointly and severally liable for the debts of the deceased. Therefore, the heir who has not rejected the inheritance is responsible for the entire debt of the deceased. 3rd Civil Chamber of the Court of Cassation E. 2019 / 2609 K. 2016 / 9800 T. 09.12.2019 Turkish Civil Code No. 4721
Bank Branch Manager - Overtime Wage SUMMARY: It is not possible for the Bank Branch Manager to claim overtime wages. 22nd Civil Chamber of the Court of Cassation E.2017/13338 K.2018/1735 T.05.02.2018 Summary of the claimant's claim: The plaintiff's attorney stated that his employment contract was terminated by the employer, ... 2012/1018 of the 6th Labor Court
Waiver of the lawsuit SUMMARY: Waiver of the lawsuit has the consequences of a final judgment. Waiver of the lawsuit can be made until the decision is finalized. Waiver of the lawsuit does not depend on the acceptance of the other party. If the waiver is made at the appeal stage, the file is sent to the local court. 23rd Civil Chamber of the Court of Cassation E. 2020/19 K. 2020/2614 T. 04.09.2020
Timeshare Contract - Duty in the Case SUMMARY: The case arising from the timeshare contract should be heard by the Consumer Court. 13th Civil Chamber of the Court of Cassation E.2019 E.2019/1192 K.2019/9669 T.10.10.2019 1-In Article 2 titled Purpose of the Law No. 4077 on the Protection of Consumers amended by Law No. 4822 “This law,
Execution Denial Compensation - Applicable Rule of Law SUMMARY: Execution denial compensation should be assessed at the rate of 40% in accordance with the provision of the law in force on the date the proceeding was initiated. 11th Civil Chamber of the Court of Cassation E. 2019/4763 K. 2020/2987 T.17.06.2020 The plaintiff's attorney stated that the plaintiff's shares in the limited liability company
Non-Signatories - Signature Examination SUMMARY: Signature examination cannot be conducted on a copy document. 19th Civil Chamber of the Court of Cassation E: 2018/3505 K: 2019/170 T: 16/01/2019 The plaintiff's attorney, claiming that the defendant unfairly objected to the enforcement proceedings initiated by the plaintiff for the collection of the receivable arising from the credit card and arguing that
Removal of the Heat Share Meter System SUMMARY: Decisions regarding the removal of the heat share meter system can be taken with the majority of the number and land share. 20th Civil Chamber of the Court of Cassation E.2017/7748 K.2019/905 T.12.02.2019 With the petition of the plaintiffs; the claim of the plaintiffs; plaintiffs ... apartment building A and B
Installation of Heat Share Meter System SUMMARY: In order to install the heat share meter system, a decision must be taken with the majority of the number and land share. 20th Civil Chamber of the Court of Cassation E.2017/2693 K.2018/2026 T.20.03.2018 With the petition dated 04/06/2015, the plaintiff's attorney filed a petition for the lawsuit under Law No. 5627 No. 7.
Work Accident - Indivisibility of Moral Compensation SUMMARY: As emphasized in many decisions of the Court of Cassation, the contract that includes the creditor's waiver of the right to receivable and thus the debtor's release from debt is called “release”. The release is binding limited to the payment made to the employee. Turkish Code of Obligations No. 6098
The case of allowing the woman to use the surname of her divorced husband is not subject to the statute of limitations. 2nd Civil Chamber of the Court of Cassation E: 2016/14239 K:2017/5023 T. 02.05.2017 The court ruled that the plaintiff woman should be allowed to use the surname of her divorced husband.
The insurance period of those who are subject to invalidity, old age and death insurances is started as of the age of 18. However, the insurance premiums paid for the periods before this date are included in the number of premium payment days. 10th Civil Chamber of the Court of Cassation E.2018/2953 K.2019/9506 T.04.12.2019 5510