Property Transfer Request

TO THE COURT OF FIRST INSTANCE JUDGE

Plaintiff:

TURKISH IDENTITY NUMBER :

ADDRESS :

ATTORNEY:

(Legal representatives of the parties, if any)

ADDRESS :

(Legal representatives of the parties, if any)

DEFENDANT:

ADDRESS :

CASE VALUE: …….. TL

(In cases related to the subject of the case and property rights)

SUBJECT : …./…./…. The sale of …. The realization of the transfer of the ownership of the plated vehicle on behalf of the plaintiff client consists of the submission of our request.

DESCRIPTIONS :

1-) The vehicle with license plate of …….. and …… brand vehicle by the defendant was sold to the plaintiff client on …/…/… with the sales contract of the …… journal number of the ….. Notary Public.(Annex – 1)

2-) Although the vehicle in question has been sold through a notary public, its ownership has not been transferred to the client yet. (Annex – 2) Due to the fact that the property has not been transferred, the client, as the owner, does not bear any responsibility regarding the vehicle subject to the lawsuit.

3-) Pursuant to Article 20/d of the Highway Traffic Law No. 2918, motor vehicles registered in traffic are required to be sold at a notary public, and the buyer of the vehicle in question does not appear as a client in the registration records, since the traffic registration record of the vehicle sold at the notary public is not changed. Despite the fact that a warning letter (Annex – 3) was issued to the defendant in 2006 to change the traffic record of the vehicle subject to the lawsuit, no response was given to our warning; We tried to reach him in various ways, but all our efforts to reach him were inconclusive. In this regard, the persons whose names are included in the witness list (Annex 4) attached to our petition will give an explanation of the situation, if deemed appropriate by your court.

4-) As it is known, the responsibilities arising from the traffic fines and tax debts of the vehicles that are sold at the notary public but whose traffic registration registration is not carried out belong to the former owner of the vehicle. As a result of this regulation, the client has become obligated to demand the transfer of ownership of the vehicle subject to the lawsuit.

LEGAL REASONS: 2918 S. K. m. 20, 6100 S. K. m. 2, 6, 10

LEGAL EVIDENCES: Notary public’s sales contract dated …./…/… with journal number …. License, Notice of …. Notary public with …/ …/ … journal number, Witness statements, oath.

CONCLUSION AND REQUEST: For the reasons explained above, …. Plate …. On behalf of our client, we respectfully request that the ownership of the brand vehicle be transferred to the plaintiff client, that the attorney’s fee and litigation expenses be charged to the other party. …/ …/ …

Plaintiff’s Attorney

Lawyer

ANNEXES: 1-) Between the parties …. notary public’s journal dated …/…/… dated …..

sales contract no.

2-) License.

3-) Notary Public Notice dated …/ …/ … with journal number …

4-) It shows the names and addresses of the witnesses and the subjects they will testify.

witness list,

5-) One copy of approved power of attorney.

Litigation arising from the Contract of Works

Supreme Court of the Republic of Turkey

15.law office
Main: 2015/4817
Decision: 2016/3721
Date of Decision: 28.06.2016

A CASE ARISING FROM A WORK CONTRACT – WHERE IT IS NOT OBSERVED THAT THE CASE SHOULD BE DECIDED TO BE DISMISSED DUE TO THE LACK OF LEGAL BENEFIT IN FILING A LAWSUIT – WHERE THE PROVISION IS BROKEN

ABSTRACT: While it should be decided that the case against one of the defendants … should be dismissed due to lack of animosity, and the case against one of the defendants … should be dismissed due to lack of legal benefit in filing a lawsuit, it was not correct to establish a provision for its acceptance, and the decision should be overturned for the reasons described.

(6100 pp. K. m. 114)

Case and Decision: The appellant’s examination of the judgment written above with the date and number was requested by the defendants’ attorney and it was understood that the appeal petition was granted within the period of time, but the papers in the file were read and considered as necessary:

The case is related to the request to collect the unpaid work price arising from the work contract and the court’s decision on the joint and mutual collection of TL 18,000.00 from the defendants upon acceptance of the case was appealed by the defendants’ attorney.

The plaintiff attorney for the contractor in the petition, the section column of the main eight independent natural gas system and gas agreed with the defendants, the cost of business 23.000,00 TL is divided up into the bonds of these payments and installment payments that are laid out on the job to perform as complete and without defect, although the business if the fee has been paid, the debt claimed that they were opposed to the enforcement proceedings for the collection of things that I’ve done, and now 18.000,00 TL 06.08.2007 of the receivables from the date of the commercial interest of his education he wanted. The defendants … requested that the decease of the case against him be decided due to animosity, claiming that there is no contractual relationship between him and the plaintiff. One of the defendants … argued that the enforcement proceedings against him by the plaintiff have been finalized, so the plaintiff has no legal interest in filing the case at hand. The court decided to accept the case in accordance with the expert report received.

1-During the examination of the defendants … in terms of their appeals;

According to the rule of relativity of contracts, which is one of the most basic principles of contract law, a contract, as a rule, binds those who are parties to this contract. Therefore, in disputes arising from the contract, the parties to the case are also parties to the contract. In the case law of the Supreme Court and in the teaching, this situation is called the adjective of the party. The adjective of the party, in other words, the driver’s license of decency, refers to the relationship between the right subject to litigation and the persons. The adjective means determining whether the parties are related to this right in a material legal relationship. The adjective plaintiff refers to the owner of the right subject to litigation; if it is the adjective of the defendant, it refers to the obligation of the right subject to litigation. In practice, the adjective plaintiff is used to cover active hostility, and the adjective defendant is used to cover passive hostility. If the subject of the lawsuit is who or who has rights over the value, this person or persons should open the case, and if legal protection is sought against whom, the case should be filed against that person or persons. Whether a person has the title of plaintiff or defendant is determined according to material law, just as in determining whether the right exists. An important feature of the adjective of the party is that it is not a def, but an appeal, so it can always be put forward by the parties regardless of the duration and stage of the case, and this issue is taken into account by the court personally, even if the parties have not put it forward. These issues were clearly emphasized in the decree of our department dated 12.06.2014, numbered 2013 / Basis and 2014 / Decision.

As for the concrete case, it is understood that all three separate contracts submitted in the file and dated 30.03.2007 were concluded between the plaintiff contractor company and one of the defendants. It could not be proved that there was a contractual relationship between one of the defendants …and the plaintiff, or that this defendant committed the dec of the other defendant. As a result, while the plaintiff’s lawsuit against the defendant … should be dismissed due to the absence of passive hostility, it was not correct that the merits of the case were examined and it was decided to accept the case from the defendant’s point of view.

2-In the examination conducted in terms of appeals from the defendants …’s appeals, the;

Imported into the file of the Executive Office 2013/ 2013 and principles/ the following files are numbered based on the examination of the case in accordance with the contracts and bonds issued subject to be drawn by the plaintiff to the plaintiff due to non-payment of bills to the detriment of the defendant is made to follow the way where specific lien, with the finalization of the proceedings, the final began to collect the receivables, it is understood that the foreclosure process. The plaintiff also stated in the petition of claim that he remained helpless due to the defendant’s inability to find the property to be foreclosed on in the foreclosure proceedings made in these enforcement files, and that he opened the case for this reason.

In accordance with Article 114/1-h of HMK No. 6100, which was in force at the time of the lawsuit; The plaintiff’s legal decency in filing a lawsuit is considered to be among the conditions of the lawsuit. The parties can assert the deficiency of the case condition at any stage of the trial, as well as in court; Whether the case condition exists or not, it is necessary to observe it personally at every stage of the case (HMK 115/1). In case of absence of the case condition, it should be decided to dismiss the case from the procedure (HMK 115/2). After a finalized enforcement proceedings, there is no legal benefit to the plaintiff in re-filing a lawsuit related to the same receivable. Because the plaintiff can collect his/her receivables with the finalized enforcement proceedings. In a concrete case, the plaintiff has made the same before the contractor to receive two separate files when they could have charged in the finalization and execution of enforcement proceedings, receive the same or another about this time, a separate legal claim because there is no benefit to file suit, the case against the defendant because of the absence of a procedural denial of the legal benefits of the decision should make when establishing towards the adoption of the provision is also not true.

On the grounds described above, the case against the defendants … should be dismissed due to the absence of animosity, while the case against the defendants … should be decided due to the absence of legal interest in filing a lawsuit, it was not correct to establish a provision for its acceptance, the decision should be overturned for the reasons described.

Conclusion: The above 1. your decision for the reasons described in paragraph …, 2. it was unanimously decided on 28.06.2016 that for the reasons described in the paragraph, the defendant’s benefit would be IMPAIRED, the advance appeal fee he paid would be returned to the appellants on request, and a request for correction of the decision could be made within 15 days from the date of notification against the decision.

Child Support for Joint Child

T.R. SUPREME COURT

  1. Legal Department
    Basis: 2016/13335
    Decision: 2016/12661
    Decision Date: 28.06.2016

DIVORCE ACTION – JURISDICTION TO THE MONTHLY AFFILIARY ADMINISTRATION FOR THE JOINT CHILD, INCLUDING THE EDUCATION EXPENSES – NO LONGER IT IS POSSIBLE TO REQUEST EDUCATIONAL EXPENSES FROM THE FATHER ALSO BASED ON THE PROTOCOLL – JURISDICTION JURISDICTION

SUMMARY: For the joint child İnci, the monthly alimony of 1.050 TL includes the education expenses, and this provision has abolished the 5th article of the protocol signed by the parties at the time of the uncontested divorce. From now on, it is not possible to demand educational expenses from the defendant father for İnci, based on the protocol. The opposite thought results in the father paying education expenses twice. For this reason, while it should be decided to reject the case, the decision to accept the case with insufficient justification required annulment.

(4721 S. K. Art. 4, 166)

Litigation and Decision: The judgment rendered by the local court at the end of the trial between the parties, whose date and number is indicated above, was appealed, the documents were read and the necessary considerations were considered:

Parties 166/3 of the Turkish Civil Code. In accordance with the article, they divorced unanimously and the divorce protocol dated 31.01.2012 was approved by the court, and the decision became final on 24.11.2014. In the 5th article of the petitioner’s finalized divorce protocol, “All the educational expenses of the children of the parties … and during the studentship process will be covered by their fathers.” Against the defendant in terms of the educational expenses of the 2013-2014 academic year, which were not paid in accordance with the provision. With the file numbered 2014/9912 of the Enforcement Directorate, enforcement proceedings were initiated, and the proceedings were stopped upon the objection of the defendant debtor man. The plaintiff requested the annulment of the objection, the court decided to cancel the objection and continue the proceedings, and the plaintiff’s demand for execution denial compensation was accepted, and the defendant appealed the decision.

On 25.09.2013, the plaintiff filed a child support lawsuit based on the 5th article of the protocol, and the lawsuit was accepted with the decision of the Family Court with the decision numbered 2013/760 and 2014/509, and 650 TL child support was decided in favor of the joint child İnci. The decision was appealed by the plaintiff, with the decision of the 3rd Civil Chamber of the Supreme Court of Appeals with the decision numbered 2014/17939, decision number 2015/4192 and dated 16.03.2015, “… In the 5th article of the protocol arranged between the parties in the divorce case, all the educational expenses of İnci during her studentship were paid by the defendant father. understood that it will be met. The main thing is the principle of commitment to the contract. It has been understood that … is an 8th grade student, he is studying in college, the annual fee of the school is 10,557,00 TL, and he also has 1,800,00 TL of classroom expenses. Considering the social and economic conditions of the parties, the nature of the alimony, the age of the joint child, his educational status, his needs, and the income status of the alimony obligator (defendant father), the amount of alimony appraised is low and it is a alimony in accordance with the principle of equity emphasized in Article 4 of the Turkish Civil Code. As it should be appreciated, it was deemed wrong to make a written judgment, and this matter required reversal.” It was overturned on the grounds of reversal, with the decision of the same court with the decision of 2015/319 on the basis of 2015/456 and the decision dated 07.07.2015, it was decided to pay 1.050 TL in favor of the child.

In this case, for the joint child İnci, the monthly child support of 1.050 TL includes the education expenses, and this provision has abolished the 5th article of the protocol signed by the parties during the consensual divorce. From now on, it is not possible to demand educational expenses from the defendant father for İnci, based on the protocol. The opposite thought results in the father paying education expenses twice. For this reason, while it should be decided to reject the case, the decision to accept the case with insufficient justification required annulment.

Conclusion: It was unanimously resolved that the appealed judgment be quashed for the reason stated above, that the appeal fee be returned to the depositor upon request, with the possibility of rectification open within 15 days from the notification of this decision.28.06.2016

Passport Appointment

If you have prepared your biometric photo and paid the passport fee, you proceed to the step of making an appointment for the passport application. Applications can be made to 680 district population directorates designated for ordinary passports, and from the population and citizenship directorates of 81 provinces for special and service stamped passports. If you wish, you can go early in the morning and take a queue without an appointment.

Making a passport appointment by phone: Making an e-passport appointment is made by phone through the ALO 199 Citizen Interaction Center. Hello 199 working hours are between 09.00-17.00. It can be done between 09:00-17:00 on Saturdays and Sundays.

Transfer of Rights and Claims After the Litigation is Filed

SUPREME Court of the Republic of Turkey

15.law office
Date: 2015/5589
Decision: 2016/3663
Date of Decision: 23.06.2016

RECEIVABLES – TRANSFER OF ALL RIGHTS AND RECEIVABLES SUBJECT TO LITIGATION AFTER THE LAWSUIT HAS BEEN FILED – ACTIVE LITIGATION LICENSE – RESUMING THE CASE FROM WHERE IT LEFT OFF AND ENTERING INTO THE BASIS OF THE WORK AND MAKING A DECISION ACCORDING TO THE RESULT AFTER THE ATTORNEYS OF THE PARTIES HAVE BEEN COLLECTED – THE PROVISION HAS BEEN OVERTURNED

SUMMARY: after the case is opened by the court to all of the rights and receivables of the case is transferred, because the contractor who filed the lawsuit, the company replaces the active locus standi is given and needs to be continued because the basics are entered on the case and the party representatives have been gathered to conclude an appropriate decision should be made after the assessment of the case with the procedural denial was not correct when wrong, the decision found to comply corruption.

(6100 pp. K. m. 125) (6098 P. K. m. 183)

Case: hearing date and number field above written assignment examination hearing is requested by the representative plaintiff temyizen the verdict for the plaintiff on the appointed day from the conveyance area attorneys, Attorney Attorney Attorney attorney and the defendant intervene and original … with … a … I met. The liquidator of the issuing company … has not arrived. After it became clear that the appeal had been filed within the deadline and the lawyers of the parties present were listened to, the work was left to be examined and decided on another day due to the lack of time. This time, after the papers in the file were read, the need for the job was discussed and considered:

Decision: the case of the plaintiff that the defendant signed work contracts with the contractor company between the business owner and unfair deductions arising from temporary admission muaraza created with the extension of time regarding men needed by determining the period of extension of time commitment the addition of the identification and addition, on the date of temporary admission, and the identification of needs to be done to be done by default as of this date, The Restitution of the cut as the progress payment delay penalty unfair contract out of work due to creep into the year, the cost of manufacturing and the price differences in material and workmanship from the collection of receivables is related to the prompt.

After the lawsuit was filed … with a dated notice of attorney, the contractor company that filed the lawsuit filed the claim, and by the date of notification, the defendant transferred the rights to claims and lawsuits with the receivables from the business owner, and the transferee submitted the notice to the court with a petition dated the transfer, requesting the collection of the receivable.

The defendant, the deputy of the business owner, filed a judicial appeal, asked for the dismissal of the case in terms of the statute of limitations, procedure and merits, 11.5 of the contract. in its article, there is a regulation that the contractor cannot assign all kinds of rights and receivables to others without the written permission of the administration, the assignments must be issued by a notary and must meet the records and conditions required by the administration, and it argued that they do not accept it because the assignment is not valid.

… with a dated petition that he has levied, he has requested substantive intervention.

Assigned by the Prohibition of the court resides and does not indicate that it is understood that the conveyance will follow suit, because the locus standi of the plaintiff in the sense assigned field-active antagonism from denial of the license terms of procedure, the main consideration of the case given in the sense of to continue in the terms of the trial intervention, since it is understood that it is not the court of First Instance, in case of intervention where the parties are merchants of the trade is also taken into consideration the fact that the charge of a denial of the petition of the court due to procedural decision was appealed by the plaintiff by counsel assigned to the field.

Transfer of receivables (assignment) is regulated by Articles 183 and 2 of the Turkish Code of Obligations No. 6098 and 183. in the first paragraph of the article, it was accepted that the creditor can transfer the receivable to a third party without seeking the consent of the debtor, unless the nature of the law, contract or work is prevented, in the ongoing articles, the form of validity, legal or judicial transfer and effect of the transfer agreement and the provisions of the transfer have been regulated. According to these regulations, as a rule, if there is a prohibition on assignment in the contract or it is tied to the consent of the borrower and there is no consent of the borrower, the security of the receivable cannot be brought against the borrower.
Transfer of assignment of receivables is different from the subject of the lawsuit, before trial and on the assignment of the receivable and the agreed payment at the stage of the execution of the contract in the event of progressive can be done while the era of the suit as its name suggests, however, after the opening of the case can be made. 125 of HMK No. 6100, which was in force on the date of the transfer of the subject matter of the case. it is regulated in the article. Article 1 of the said article. in paragraphs a and b of the paragraph, the plaintiff’s electoral rights are shown if the defendant transfers the subject matter of the case to a third party after the opening of the case. In the case of a concrete dispute, this issue is out of our question. Transfer of the subject matter of the case by the plaintiff 125. part 2. clause in the text of the article is edited and that “after filing the case, complicated by the plaintiff happens to be the case if the person who took it replaces the plaintiff in the pending lawsuit, and the trial resumes” was called.

125/2 of the HMK, which regulates the transfer of the subject matter of the case by the plaintiff to a third person. the provision of the article provided that the person who takes over will automatically replace the plaintiff and resume the case from where it left off, on the grounds that the third party who takes over will gain the title of plaintiff by law (ipsojure) and, accordingly, the right to pursue the case and the case will continue with the new plaintiff. According to this provision, the case will proceed between the third dec who took over the case and the defendant. For this purpose, the consent of the defendant to make a decision on this issue or for the third party taking over to replace the plaintiff is not sought. (Civil Procedure Law, Competent Legal Publications 1. printing Prof. Dr. Ramazan Arslan, Prof. Dr. Yilmaz, Prof. Dr. Sema Taşpınar Ayvaz page 511 and more). If the subject matter of the lawsuit is transferred by the plaintiff to another person after the lawsuit is filed, in this case the person who has taken over will take the place of the plaintiff and continue the case that is being heard from where it left off. However, in this case, the defendant may assert his personal defense reasons against the new plaintiff (Competent Publications of Civil Procedure Law 12. printing Prof. Dr. Hakan Pekcanitez, Prof. Dr. Oguz Atalay, Prof. Dr. By Mohammad Ozeken on page 412. and the sequel).

In a concrete case, after the case was filed by the contractor … with payment of the fee on the date … with a notice of guarantee issued on the date of the case was first filed in the Commercial Court of First Instance … The receivables subject to the case in the main file No. 3, along with the rights to sue and claim. the person is transferred to …. Although the assignment was issued in plain writing, the transfer was legally realized because the liquidator of the plaintiff company accepted the contents of the assignment with a signed statement at the hearing dated. Although the title of the document in question is written as a guarantee, it is a certificate of transfer of the subject matter of the lawsuit, since it is made after the lawsuit is filed and the rights and receivables subject to the lawsuit are stated in the content that the claims and litigation rights have also been transferred. Since the plaintiff contractor was transferred to the subject of the lawsuit (respondent) … after the lawsuit was filed by the company, the plaintiff contractor replaced the company.

In this case, since all the rights and receivables subject to litigation have been transferred to … after the lawsuit has been filed by the court, HMK’s 125/2. prosecuting the contractor pursuant to Article replaces the active locus standi is given and needs to be continued because the basics are entered on the case and the party representatives have been gathered to conclude an appropriate decision should be made after the assessment of the case with the procedural denial was not correct when wrong, the decision found to comply corruption.

Conclusion: For the reasons described above, the appeals of the applicant who took over the case were OVERTURNED for the benefit of the decision by accepting the appeals, the TL trial attorney fee was taken from the defendant and given to the applicant who was represented by the proxy at the Supreme Court hearing, the appeal advance fee paid was returned to the applicant who appealed if requested, the applicant could request a correction of the decision within 15 days from the date of notification against the decision it was decided by a majority vote on 23.06.2016.

POST, VOTE AGAINST

183 Of the Turkish Commercial Code, which regulates the assignment of the receivable, that is, the transfer of the receivable. according to the provisions of the regulation in the article, which are also considered to have opposite meanings, if there is a prohibition on the transfer of the receivable in the agreement on the actual legal relationship, or if there is a condition of the creditor’s consent for the transfer to be valid, and if there is no such consent, there can be no mention that the transfer of the receivable is valid. The transfer of receivables is regulated in the Law of Obligations and is a saving transaction related to material law. Its validity and consequences must also be assessed in accordance with the provisions of the law in which it is regulated. 183, since there is also no special regulation in the TBK. and further, the conditions of validity of the articles are valid and assailable at all stages, and the transfer of the receivable must be after the lawsuit has been filed against the receivable 183. it does not require that the search for conditions in the article be abandoned.

If the transfer of the receivable is related to material law, but this transfer is after the lawsuit has been filed; who will have the title of plaintiff or defendant, how the procedural rights will be used by who is related to procedural law. Therefore, the rules of procedure contain regulations on what actions will be taken if the subject of the lawsuit is transferred by the creditor or debtor. The provision contained in the HMK on this issue is 125. the article is regulated in the second paragraph of the transfer of the plaintiff’s subject matter to the lawsuit. According to this; if, after the opening of the case, the subject matter of the case is to be transferred by the plaintiff, the person who has taken over takes the place of the plaintiff in the case under consideration and the case continues from where it left off.

Extraordinary Termination

1.Important Reasons
ARTICLE 331- Each of the parties may terminate the contract at any time in accordance with the statutory termination notice period in the event of the presence of significant reasons that make the continuation of the lease relationship unbearable for it.
The judge, taking into account the circumstances and circumstances, decides on the monetary consequences of the notice of extraordinary termination.

2.Bankruptcy of the tenant
ARTICLE 332- If the tenant becomes bankrupt after the delivery of the leasehold, the lessor may request that guarantees be given for the rental fees to be processed.
The lessor gives an appropriate period of time in writing to the lessee and the insolvency table for the issuance of guarantees. If no assurance is given to him within this period, the lessor may terminate the contract immediately without complying with any termination notice period.

3.Death of the tenant
ARTICLE 333- If the tenant dies, his heirs may terminate the contract for the end of the nearest termination period by complying with the legal termination notice period.


(Turkish Code Of Obligations)

Statute Of Limitations

The claim for compensation expires after two years, starting from the date of receipt of the damage and the liability for compensation by the injured person, and in any case after ten years, starting from the date of the commission of the act. However, if the compensation was born from an act requiring punishment, for which the criminal code provides for a longer statute of limitations, this statute of limitations applies. If a debt has arisen from a person who has been harmed due to a tort, the person who has been harmed can always avoid paying that debt, even if the claim for compensation arising from a tort has expired.(Article 27 of the Turkish Code of Obligations)

Preventive Detention Punishment

For the execution of such a decision, the court decision must be finalized. As a result of not applying for the legal remedies within the time limit or consuming the legal remedies, the decision becomes final.

For the execution of the decision is sent to the District Police Department, which has the address of the person of interest written in the decision. In this way, as a result of the introduction of a person by law enforcement agencies, the execution of a suspended sentence is ensured.

Punishment For Drunk Driving

A person who transports and handles land, sea, air or rail vehicles in a way that may be dangerous to the life, health or property of persons is punished with a prison sentence of three months to two years.

A person who drives a vehicle, despite the fact that he is unable to safely transport and manage the vehicle under the influence of alcohol or narcotic substances or for some other reason, is punished in accordance with the provision of the above paragraph.

the criminal process will begin for the driver who has exceeded the 1.00 promil alcohol limit, as well as an administrative fine and a sanction for confiscation of a driver’s license will also be applied.(article 179 of the Turkish Penal Code)

Severance Pay

An employee who has worked at an enterprise for a minimum of one year has the right to severance pay. The employee must receive severance pay in cases where he was dismissed without his own fault or terminated his employment contract for justified reasons. A worker dismissed without compensation must file a lawsuit and claim severance pay within the 5-year statute of limitations. However, since the severance pay will expire after 5 years, it can no longer be considered among the rights of the decommissioned employee.