The court in charge of the restitution case is the Civil Courts of First Instance. The competent court is the court of the defendant’s place of residence or the court of the place where the enforcement proceedings are carried out.

If the case is won by the plaintiff in the restitution lawsuit, the right to receive not only the money paid to the creditor with the enforcement proceedings, but also the enforcement fees and expenses that he had to pay, from the defendant creditor.

It should be noted that if the payment is made without realizing that the debt has expired, an action for restitution cannot be filed for the return of the money paid by the debtor.

On the other hand, if the plaintiff loses the case, the defendant will have to pay the court costs related to the case to the creditor.

In the cases explained, it is not possible for the losing party to be sentenced to pay 40% compensation.

The crime of embezzlement is not one of the crimes that depend on the complaint. The prosecution office may initiate an investigation ex officio after the crime has been committed. The statute of limitations for embezzlement is 15 years. An investigation and prosecution can be carried out within this period, upon notification to the prosecutor’s office that a crime has been committed.

1- The Way of Case Recognition (Actio): Praetors helped the development of law primarily through case recognition. In other words, lawsuits could not be filed in case types that were not in Ius civile. However, as the population and the number of foreigners increase, the disputes increase. Praetor has improved the law by giving the aggrieved party the power to sue if it does not have the power to sue.

2- Defi (Exeptio) Way: They also developed the law through defi (exeptio). In other words, when the lawsuit was filed, they enabled the other party to assert a situation that did not exist in Ius civile. For example, in a fraudulent contract, the aggrieved party could not say in Ius civil that the contract was fraudulent. However, the praetors made it possible for the aggrieved party to assert a fraudulent plea.

3- Reinstatement Way: Also, the praetor developed the law through reinstatement. For example, if a contract has been made and one of the parties has been victimized in a way that does not comply with equity, the victimization has been eliminated by applying the reinstatement decision of the praetor to this transaction.

4- Forbidden (Interdictum) Way: Other ways of developing the law is a way we call the Forbidden (interdictum). In Roman law, the order and prohibition of the praetor and provincial governors, based on their authority, regarding an unlawful act not sanctioned by law. It may be temporary or definitive; In the first case, the way to apply to the judge afterwards is kept open. A documenting interdictum, usually related to rights over property, is a decision that calls for the discovery of a person or property. Restorative interdictum, on the other hand, envisages the return of a property taken, the deterioration of a work done, or the cessation of a special intervention to a right.

5- The Way of Ensuring Possession

Perfect Collision: Pursuant to Article 1287 of the Turkish Commercial Code, in cases where the collision occurs as a result of an unexpected event or force majeure or when the cause is not understood, the person who suffers damage will be liable for the damages of the ships, people and goods on board the ships as a result of the collision. The phrase “unexpected situation” in the article will be evaluated according to the concrete event. However, in the second paragraph of the article, in cases where the accident occurs while one or all of the ships are at anchor, it is stipulated that the person who suffers the damage will be responsible for the damage.
Defective Collision: In cases where the collision is caused by the fault of one, more or all of the ships. In this context, faulty collision is divided into two according to the defect rate.

Blue Card; It is the official document that shows that those who are Turkish citizens at birth but lost their Turkish citizenship by obtaining permission to leave and their descendants specified in Article 28 of the Turkish Citizenship Law No. 5901 and that they can benefit from the rights specified in the said article.
Those who are Turkish citizens by birth but lost their Turkish citizenship by obtaining a permission to leave and the records of their descendants specified in Article 28 of the Turkish Citizenship Law No. 5901 are kept in electronic environment, and those who are Turkish citizens by birth but lost their Turkish citizenship by obtaining a permission to leave, and those who lost their Turkish citizenship by obtaining permission to leave
The descendants specified in Article 28 of the Citizenship Law will be able to register in this register.
Blue Card Holders;
Those who are Turkish citizens by birth but lose their Turkish citizenship by obtaining permission to leave and their descendants specified in Article 28 of the Turkish Citizenship Law No. 5901 continue to benefit from the same rights granted to Turkish citizens, except for the exceptions specified in Article 28 of the Turkish Citizenship Law No. 5901. provisions are reserved.
Persons registered in the Blue Card Register do not have the right to elect and be elected, to import vehicles or household goods with exemption, and to do their military service. The acquired rights of these persons regarding social security are reserved and they are subject to the provisions of the relevant laws in the use of these rights.
Persons registered in the Blue Card Holders Registry cannot hold primary and permanent public service positions based on a staff and subject to the public law regime. However, they can be employed as workers, temporary or contracted personnel in public institutions and organizations.
A Blue Card can be requested by submitting the identity document or passport issued by the foreign authorities, together with 2 photographs attached to the petition regarding the Blue Card request. At the same time, paragraph 7 of the 28th article of the Turkish Citizenship Law No. 5901 states, “The submission of the Blue Card is sufficient for the use of the rights provided by this article.” Pursuant to the provision, the new Blue Card within the scope of valuable papers can be used as an identity document.

If the person is under the age of 18, the Blue Card is given to the parents or guardians and to the person who is authorized to make a notification to register the child in the family registers. In case the marriage union ends with a court decision; The Blue Card of the minor child is given to the parent who has custody. If the minor’s mother or father is abroad or has died, the person appointed as a guardian by the court is authorized to receive the child’s Blue Card.

According to our Labor Law, the normal working time per week is determined as 45 hours.

Overtime means the work exceeding 45 hours in the conditions written in the labor law, and working overtime refers to the work done up to 45 hours in cases where the weekly working time is determined below 45 hours.

Accordingly, in a service contract where the weekly working time is determined as 40 hours by contract, the wage per hour is increased by 25% for every hour until the limit of 45 hours per week is reached. Every hour of work is considered overtime after the limit of 45 hours per week has been reached. In accordance with the regulation on overtime and overtime work pertaining to the labor law, the wage to be paid for each hour of overtime is paid by increasing the amount per hour of the normal working wage by 50%. There is no difference in the calculation whether these overtimes are made after the end of the work on weekdays or by arriving on the weekend.

According to this, the working time of 40 hours is determined by the contract between 9.00 and 17.00 on weekdays. The wage per hour is increased by 25% for working hours up to 5 hours on a weekly basis after the end of the work, and by 50% for overtime hours after 45 hours.

In accordance with Article 46 of the Labor Law, workers are given at least 24 hours of uninterrupted rest in a 7-day period, provided that they have worked on the working days determined according to Article 63 before the holiday.

This is called a week break. The law does not specify which day of the week holiday will be. Therefore, it is not mandatory to be Sunday, a desired day can be decided. If the worker has completed the 45-hour working period before the week break, but still works during the week break, the amount per hour of the normal working wage to be paid for each hour of overtime will be paid with an increase by 50%.

In cases where the weekly working time is determined to be less than 45 hours, since the work done up to 45 hours will be considered as overtime, 25% more than normal will be paid for each hour of overtime work. Because in this case, it does not matter in the calculation whether the work is done on weekdays or on weekends. For example, the person came to work during the weekend and worked 8 hours per day. The total working time on weekdays corresponds to 40 hours. Accordingly, the first 5 hours of Saturday will work 25% more than the normal hourly wage, and the remaining 3 hours will be 50% more than the normal hourly wage as overtime wages, as it exceeds 45 hours.

CALCULATION OF OVERTIME FEE
To explain the calculation of overtime wages with an example, a worker who normally works 8 hours a day and earns 160 TL per day earns 20 TL per hour. If the worker works 40 hours a week with a contract and works 5 days a week and will work on a Saturday;

Since working overtime will be mentioned within 5 hours up to 45 hours, the hourly working wage will increase by 25% to 25 TL per hour and will earn 125 TL,

In the next 3 hours, it will be calculated that the worker will earn 215 TL in total for that day, since the overtime wage will be 30 TL with an hourly increase of 50% and it will be 90 TL in total.

WAGE OF EMPLOYEE WORKING ON HOLIDAYS
General holidays come to the fore on national holidays, New Year’s Eve, official and religious holidays. According to the Labor Law, during these holidays, workers are paid the full wage of the day without any work. If the worker does not take a vacation that day, he is also paid a daily wage for each day worked. In other words, the worker working on national holiday is entitled to receive twice his daily wage. In addition, if a working time of 45 hours per week has been fulfilled, he/she receives an overtime wage of 50% per hour, in addition to the one-day working wage, which is the holiday wage. Even if it does not work, it will still receive 1 day’s wage. For example, a worker who completed the 45-hour working hour and worked on May 19;

1-) the wage he will normally receive for one day’s work (let it be 160 TL)

2-) due to working in Bayram, plus one more daily wage (+160 TL)

3-) After completing 45 hours, he will receive 50% more than the normal hourly wage (in the example, 50% more than 20 TL will be 30 TL per hour).

If the national holiday or holiday coincides with a weekday and the worker is not working today, the worker is paid one day’s wage. Both the general holiday pay and the weekend holiday pay are not paid together. However, if the worker is working on this day, overtime wages must be paid in addition to the daily wage.

OVERTIME WAGE CASE
As stated in the Labor Law, the sum of overtime hours cannot exceed 270 hours in a year. The claim that it is too much can be proved with a document.

Overtime is usually done without a written contract and documented by the employer. In other words, sometimes the employee works with the verbal request of the employer and cannot even get overtime wages. For this reason, workers resort to litigation for the collection of workers’ receivables as of the period of their dismissal. Overtime wages exceeding 5 years are not paid due to the objection of the other party in the litigation process due to the 5-year statute of limitations.

In the case of an overtime fee lawsuit to be filed, if there is no payroll and document signed by the employer regarding overtime work, workplace entry and exit records and building entry and exit records, if any, must be used as evidence. Because, although it is proved by the witness that the overtime wage will be paid, relying only on the evidence of witnesses without written document, the case law of the Court of Cassation allowed the local court to make an equitable reduction from the overtime wage determined by the court and to reduce the overtime wage calculated by the expert.

For this reason, when filing an overtime wage lawsuit, it should first be investigated whether there is a written document proving that overtime has been worked. Such as camera recordings, recordings of transcripts in card entries. If it is not found, eyewitnesses who worked in the same period should be heard about overtime work.

An overtime wage lawsuit can be filed alone or together with all of the workers’ receivables (such as severance pay, notice indemnity, balance salary, etc.).

We have provided detailed information in our other articles on our website about the recognition and enforcement of divorce decisions on our website that the recognition and enforcement of divorce decisions made abroad are legally required, that the parties continue to appear to be married before the Turkish authorities if the recognition and enforcement case is not filed, and that their legal inheritance status continues.

Although we have sufficiently emphasized that the possibility of rejection of the case without the obligatory documents in order to open a recognition and enforcement case in terms of the International Private and Procedural Law Law is highly probable, we believe that it would be useful to state it with a sample Supreme Court decision due to the questions posed.

Below, we share the decision of the Court of Cassation, which includes the opinion of the relevant legal department on the issue of not providing the necessary documents with the list of necessary documents for the recognition and enforcement of divorce.

WHAT DOCUMENTS ARE REQUIRED TO OPEN A RECOGNITION-EXECUTION ACTION?

The original of the foreign court decision (divorce decision)
Annotation or document and apostille showing that the divorce decision of the foreign court is finalized
Translation of the divorce decision by a foreign court into Turkish by a sworn translator and having this translation approved by the Notary or Consulate
Photocopy of passport and identity card
If a power of attorney is to be given to the lawyer, “authority to file a lawsuit for recognition and enforcement of the divorce decision made abroad” in the illustrated divorce power of attorney and power of attorney.

THINGS TO KNOW ABOUT CONTRACTUAL DIVORCE

The concept of uncontested divorce is regulated in paragraph 3 of article 166 of our Turkish Civil Code. According to the aforementioned article, the conditions determined for an uncontested divorce must be fulfilled.

First of all, it should be noted that the spouses must have been married for at least 1 year in order to obtain a consensual divorce. Couples who have been married for less than one year must wait for the completion of one year before they can get a mutual divorce. Of course, the start date of this 1-year period is the date of the official marriage.

On the other hand, in an uncontested divorce, as the name suggests, the parties must reach full agreement and agreement on all the material and moral legal consequences of the divorce, and they must prepare a divorce protocol regarding it. It is obligatory for the parties to be present before the judge in the uncontested divorce case, and the results in the presented divorce protocol must be confirmed before the judge that both parties approve. In cases where one of the parties does not appear before a judge, divorce cannot be decided, and the uncontested divorce case is postponed to the other hearing so that the party who does not come can be heard.

If there is a child in the marriage union, the custody issue is also important. The protocol prepared in the uncontested divorce case should be arranged in detail so that there is no doubt in terms of custody.

If the judge concludes that the parties are in full agreement regarding the material and moral consequences of the divorce specified in the divorce protocol, and if he decides that the divorce will be achieved in this way after his own evaluation, he decides to divorce according to the issues agreed between the parties. As it can be understood, an uncontested divorce is a form of divorce that allows the parties to divorce as soon as possible. However, in order to avoid any loss of rights in the future, it is beneficial for the parties to get help from a lawyer.

There are some regulations under the name of personal reasons that reduce the punishment within the crime theory adopted by the new TPC numbered 5237. Crime; It is embodied by the verb formed by the trio of action, result and causal bond. The act is the main activity constituting the crime, and when this act results in a result, the elements of the crime occur spontaneously. However, establishing a causal link between the action and the result caused by the action is essential in this regard. As a matter of fact, if the necessary causal link has not been established, it will be obvious that the situation that created the result was not caused by the said act. In this case, we can say that the act did not cause the result, and therefore the crime did not occur.

With the realization of the result, the crime is completed. Of course, these assumptions will be discussed under the condition that the act in question is regulated as a one-to-one crime type in the Turkish Penal Code. This is a requirement of the element of typicality.

Effective repentance is an arrangement that abolishes the punishment or is among the personal reasons that require a reduction in the punishment. As regulated in Article 168 of the TCK, it is not an applicable provision for every type of crime. However, effective repentance provisions can be applied for a limited number of crime types that are specifically specified in the law. These crimes are; crime of deprivation of liberty (TCK 110), crimes against property (TCK 168), purchase and possession for the manufacture, trade or use of drugs or stimulants (TCK 192), establishing an organization for the purpose of committing a crime (TCK 221), embezzlement (TCK 248), bribery (TCK 254), slander (TCK 269), false testimony (TCK 274).

IN WHAT CONDITIONS DOES EFFECTIVE REGRET OCCUR?
Based on the completion of the crime, there should be a provision regarding effective repentance within the scope of the TPC. Another personal reason that raises or lowers the penalty is voluntary renunciation. What makes the effective repentance clauses different from the voluntary renunciation clauses is the completion of the crime. While the crime has not been completed yet, effective repentance provisions will not find an application area.

Subsequently, the perpetrator or the person/persons who participated in the crime must show remorse and compensate for the damage. This situation arises from the fact that there is a personal reason that abolishes or reduces the penalty. As a result of the active remorse of one of the perpetrators in the crimes committed jointly and the compensation of the damage caused, the other partners who participated in the crime will not be able to benefit from this situation. Even if the perpetrators committed the crime jointly, the effective remorse mechanism works with the personal principle.

In case the damage is partially compensated, the consent of the victim is sought first in order for the effective repentance provisions to be applied. In this case, since the aforementioned grievance has not been resolved yet, the effective regret mechanism will not be able to work without consent.

Another important issue is related to when effective regret is in question. In this case, the effective repentance shown before the prosecution and the effective repentance shown during the prosecution are of great importance in terms of penal abatement. If effective repentance is shown after the prosecution has started but before the verdict is given, the penalty to be imposed is reduced by up to half. In case of active remorse, the judge may reduce the penalty at the rate determined in the article. In this matter, the judge has been given discretionary power according to the sincerity of the effective repentance and the amount compensated for the damage. With this provision, the way to reduce the penalty to a certain extent has been opened in the event of a crime of looting with a special arrangement.

According to the law, in cases of theft, damage to property, abuse of trust, fraud, fraudulent bankruptcy, negligent bankruptcy, unrequited exploitation and misuse of bank/credit cards, the penalty is up to 2/3 of the amount if the same refund or compensation is made before the prosecution begins. but if it is done before the verdict is given, it is foreseen to reduce the penalty up to 1/2.

Spouses have some responsibilities and obligations towards each other throughout the marriage from the day the marriage union started. Every spouse has to be faithful to his spouse during the marital union. Loyalty is one of the most important obligations of marriage union. The obligation of loyalty will only end with the dissolution of the marital union. Marriage union, on the other hand, ends in two ways, in the event of death and with the realization of official divorce.

ANY OTHER RELATIONSHIP AFTER THE DIVORCE ACTION IS FILED
Until the decision of the divorce case is finalized, the spouses have to fulfill their marital obligations towards each other. Because until the decision is finalized, the spouses are still married and the obligations of the marriage union continue. Not only obligations, but also rights continue. For example, the title of heir of the spouse in case of death before the divorce case is concluded. (Only if the heirs’ conditions are met, it may be possible to continue the case.)

Even if the spouses demanded their divorce in the process, their marriage obligations will continue until their divorce is decided. With the finalization of the divorce decision, the loyalty obligation of the spouses will also disappear. According to Article 185 of the Turkish Civil Code, spouses must live together, help each other and remain faithful. The fact that there is an ongoing divorce case between the spouses does not mean that the parties’ obligations of loyalty to each other end”, he stated that the parties should remain faithful to each other while the divorce case continues. finalized when the procedures are completed. If cheating occurs between the spouses while the divorce case is continuing, or if they act inconsistently with the obligation of loyalty, their responsibilities will arise, and by combining it with the filing of a separate lawsuit, deception will be given importance when determining the defect rates in the divorce case.

WHAT HAPPENS IF CHARGING HAPPENS AFTER THE DIVORCE ACTION HAS BEEN FILED?
According to the procedural rules, the case is decided on whatever the subject of the case is. The reasons that emerged later cannot be the subject of the ongoing lawsuit. In HMK m.141/1, the parties freely submit their reply and second reply petitions; In the preliminary examination phase, they can expand or change their claims or defenses only with the express consent of the other party. If one of the parties does not come to the preliminary examination hearing without an excuse, the arriving party may expand or change its claim or defense without seeking his consent. The claim or defense cannot be extended or changed after the preliminary examination phase has been completed. It has been clearly decided in which litigation process the claim subject to the case can be extended and in which litigation process it cannot be extended.

WHAT SHOULD BE DONE AFTER THE DIVORCE ACTION IS FILED?
As a rule, only the events reported in the lawsuit petition determine the boundary of the lawsuit and only the court can examine and evaluate these events. It is not possible to evaluate and take the decision as a basis for a material fact that occurred after the date of the lawsuit.

According to this rule, if the mentioned stages have passed, the plaintiff or the defendant cannot add it to the case, if there is a new event and evidence has been formed while the case is continuing, they cannot add it to the case, they cannot present it as additional evidence, the newly occurring events can only be the subject of a new case after this stage. If the parties have filed a lawsuit for a reason for divorce other than cheating, and if cheating has occurred while that lawsuit is ongoing, this situation will not affect the ongoing divorce lawsuit and cannot be added as evidence. In this case, if the parties learn that cheating has occurred during the divorce process, they can open a new divorce case and request the consolidation of the cases. Only in this way, the new case, the reason for the lawsuit and the evidence can be asserted in the divorce process. In this context, there is no need to wait for the conclusion or finalization of the ongoing lawsuit in order to file a divorce lawsuit and request a merger due to cheating.