It is mandatory that the adoptee is at least eighteen years younger than the adoptee.
The minor, who has the power to distinguish, cannot be adopted unless he has his consent.
The minor under guardianship can be adopted with the permission of the guardianship offices, regardless of whether he has the power of discernment or not.
( Article 308 of the Turkish Civil Code.)
Supreme Court of the Republic of Turkey
THE CRIME OF DAMAGE TO PUBLIC PROPERTY – WHERE THE LIMITATION OF PRIMARY ACTION OF SIX YEARS IS REALIZED BY THE AMOUNT OF THE PENALTY REQUESTED BY THE CRIME – OVERRIDE OF THE PUBLIC ACTION
SUMMARY: Since it was understood that the six-year statute of limitations for the original lawsuit, in terms of the amount and type of the penalty imposed on the child driven to crime, was realized from the date of the crime to the date of the decision, it was decided that the civil lawsuit filed was dismissed due to the statute of limitations.
Case and Decision: Provisions regarding the conviction of the juvenile delinquent on charges of insulting, resisting the public official’s duty, and damaging public property, were appealed by the juvenile’s lawyer, and the case was reviewed and necessary was considered,
1- In the appeal examination regarding the decisions given for insulting and resisting the public official to not perform his duty;
231/12 of the same law against the decision regarding the “adjournment of the announcement of the verdict” given according to the article 231 of the CMK numbered 5271 and which does not conclusive the case. Pursuant to the article, upon the objection filed by the defense counsel of the juvenile delinquent, with the petition dated 11.07.2013, against the decision regarding the adjournment of the announcement of the verdict given on 04/07/2013 regarding the juvenile delinquent, that there is no possibility of appeal but there is no possibility of appeal, ….. Heavy Penalty As it has been understood that the decision rendered by the refusal decision as a result of the examination made by the Court has become final, the appeal request of the juvenile counselor, who has been dragged into crime, is subject to Article 8/1 of the Law No. 5320. Rejection pursuant to Article 317 of the Criminal Procedure Code No. 1412, which should be implemented in accordance with Article
2- In the examination of the appeal regarding the verdict given for the crime of damaging the public property;
Conclusion: As of the date of the crime, the child who has completed the age of 12 but has not completed the age of 15, is subject to the amount and type of the punishment imposed on the child who has been dragged into crime. 6-year statute of limitations for primary action calculated according to Articles 2 and 67/4; understood to have occurred from the date of the crime to the date of the decision; 8/1 of the Law No. 5320. Criminal Procedure Code No. 5271, 223/8 due to the statute of limitations of the public action brought for the crime of damaging public property based on the authority given by the article 322 of the same law, as this issue does not require a retrial. . It was unanimously decided on 22.06.2016 to fall in accordance with the article.
TO THE LABOR COURT JUDGE
Plaintiff:
TURKISH IDENTITY NUMBER :
ADDRESS :
ATTORNEY:
(Legal representatives of the parties, if any)
ADDRESS :
(Legal representatives of the parties, if any)
DEFENDANT:
ADDRESS :
SUBJECT : Regarding our client’s insurance premium debts .. Execution Office ……. It is related to the cancellation of the payment orders issued with the file no.
DESCRIPTIONS :
1-) Our client has worked as an employee in the company … between … insurance registration number …/…/… and …/…/…. (ANNEX 1)
2-) Plaintiff’s …-…. The premium debt of the insurance subject to the Law No. 1479 for this period was put into enforcement proceedings by the Social Security Institution with the file numbered ….. of the … Execution Office. (ANNEX-2)
3-) Since the statute of limitations for premiums between …- … years has elapsed, the premium debt requested from our client for this period must be cancelled.
4-) In addition to our explanations above, due to the fact that the insurance periods of our client within the scope of the Law No. 506 are sufficient alone, our client should be granted an old-age pension in accordance with the Law No. 506.
4-) Our client’s ….-…. Due to the insurance premium debts of the … Execution Office …. With the cancellation of the follow-up No. 506, it became obligatory to file this lawsuit since it was decided that the plaintiff was insured under the Law No.
LEGAL REASONS :
LEGAL EVIDENCE:
1-) Workplace and Insurance File of our client.
2-) ….. Follow-up File of the Enforcement Office No. …
3-) Expert Review
CONCLUSION AND REQUEST: For the reasons explained, the … Execution Office …. In the period coinciding with the annulment of the enforcement proceedings No. 506, we request, by proxy, that it be determined that he is insured under the Law No. 506 and that he is entitled to an old-age pension under the Law No. 506, since the SSK service alone is sufficient for retirement.
APPENDIX: 1-) Workplace and Insurance File
2-)….. Follow-up File of the Enforcement Office No.
3-) One copy of approved power of attorneyPlaintiff’s Attorney
Lawyer
TO THE COURT OF COURT
Plaintiff:
TURKISH IDENTITY NUMBER :
ADDRESS :
ATTORNEY:
(Legal representatives of the parties, if any)
ADDRESS :
(Legal representatives of the parties, if any)
DEFENDANT:
SUBJECT : It is about the cancellation of the title deed and our registration request.
CASE VALUE:
(in cases related to assets)
DESCRIPTIONS :
1-) … province, … town, … village/neighborhood, … map section, … island, … plot registered as a field (ANNEX-1), during the cadastral works carried out on …/…/… dated …/…/… , … have been determined on behalf of the defendant/defendant by applying the title deed registration (ANNEX-2). Detection report was finalized on …/ …/ ….
2-) The relevant immovable property is in the possession of our client’s grandfather, first of all, then of his father, and finally of our client, for a period of about … was cut. During all this period, the defendant/defendant and/or his descendants did not have any possession of the immovable property in question.
3-) Inheritance writs (Annex-3) revealing the hereditary relationship between his parent and our client, and examples of documents showing that our client has been authorized by other heirs as a representative to file this lawsuit are attached (Annex-4).
4-) The discovery and expert examination to be carried out by your court at the location of the immovable in question and, if approved by your Court, the statements of witnesses that we will listen to during the hearings (Annex-5) will reveal the situation with all its clarity.
LEGAL REASONS :
LEGAL EVIDENCES: … province, … district, … village/neighborhood, … map, … island, … parcel, land registry records of the immovable with field characteristics, cadastral determination report dated …/…/…, certificates of inheritance, Document showing that the other heirs have been authorized by other heirs as a representative regarding the opening, witness list showing the names and addresses of the witnesses and the subjects they will testify, discovery and expert examination.
CONCLUSION AND CLAIM: For the reasons we tried to explain above, the cancellation of the title deed registration of the immovable subject to the lawsuit, which is still registered in the name of the defendant, and the registration of the said real estate in the name of our client and other heirs represented, (The claim for the value of the lawsuit, “reservation of the rights related to the surplus” or the value of the lawsuit, Whether it is contentious or not may vary according to the petition prepared on the subject of the case, but the relevant requests should be evaluated based on your concrete case.) We request by proxy on behalf of our client to decide that the court costs and litigation expenses be charged to the other party. …/…/…
ATTACHMENTS:
1-) Land registry records of the field-qualified immovable registered in … province, … district, … village/neighborhood, … map, … island, … parcel.
2-) The cadastral determination report dated …/…/….
3-) Certificates of succession.
4-) A document showing that our client has been authorized as a representative by other heirs regarding the filing of this lawsuit.
5-) Witness list showing the names and addresses of the witnesses and the subjects they will testify.
6-) One copy of approved power of attorney.
Plaintiff’s Attorney
Lawyer
TO THE JUDICIARY OF THE COURT OF COURT
Plaintiff:
TURKISH IDENTITY NUMBER :
ADDRESS :
ATTORNEY:
(Legal representatives of the parties, if any)
ADDRESS :
(Legal representatives of the parties, if any)
DEFENDANT: 1-) Treasury
2-) Forestry Administration
SUBJECT : It consists of our registration request for immovable without title deed.
CASE VALUE:
(in cases related to assets)
DESCRIPTIONS :
1-) The immovable subject of the lawsuit, which is a field adjacent to the parcels in the village of … and …, is not registered in the title deed. The immovable subject of the lawsuit is outside the forest cadastre made in … and the application of article 2/B, and is in places that do not have forest qualifications (ANNEX-1).
2-) The relevant immovable was sold to our client by … … with the external sales contract (Annex-2) dated …/…/… and its possession was transferred.
3-) Our client has been an active possession of the said place during the intervening year and has benefited from the immovable by cultivating it. This situation will be clarified by the discovery and expert examination to be carried out by your court at the location of the immovable, and the statements of witnesses (Annex-3).
4-) Since the conditions for acquiring immovable by means of gainful statute of limitations on behalf of our client due to the reasons explained above, it has become necessary to apply to your court for the registration of the immovable subject to the lawsuit.
LEGAL REASONS :
LEGAL EVIDENCE: External sales contract dated …/…/…, forest cadastral maps, witness statements, discovery and expert examination regarding the immovable subject of the lawsuit in the village of … and … adjacent to the parcels.
CONCLUSION AND REQUEST: For the reasons explained above, the decision to register the immovable property subject to the lawsuit in the title deed on behalf of our client, (The request for the value of the lawsuit, the “reservation of the rights regarding the surplus” or whether the lawsuit value is in contention may vary according to the petition prepared on the subject of the lawsuit, Relevant requests should be evaluated on the basis of your concrete case.) We request, by proxy, that it be decided to charge the litigation expenses and attorney’s fee to the other party. …/…/…
ADDITIONAL:
1-) Forest cadastral maps.
2-) External sales contract dated …/…/… regarding the immovable which is the subject of the lawsuit in the village of …, adjacent to the … and … parcels.
3-) Witness list showing the names and addresses of the witnesses and the subjects they will testify.
4-) One copy of approved power of attorney.
Plaintiff’s Attorney
Lawyer
Mediation; It is an out-of-court solution method that enables the parties to a dispute to end the dispute between them with the help of an impartial and expert third party. Through mediation, the dispute between the parties is resolved quickly, precisely and practically. As a rule, the mediation law can be applied to all disputes that the parties can freely dispose of. In particular, commercial disputes, severance and notice indemnities arising from labor law and overtime wages, cases of pecuniary and non-pecuniary damages, problems of sharing the inheritance, etc. Disputes can be resolved through mediation.
WHEN CAN I GO TO MEDIATION?
You can go to a mediator after a dispute arises between you and the other party, but before applying to the court or arbitration, or you can go to a mediator after filing a lawsuit in court.
ARE ALL CASES COVERED BY MEDIATION?
No. Mediation is only possible in matters that the parties can decide of their own free will. To put it more clearly; Parties may go to mediation in matters that do not concern public order and are suitable for enforcement. Mediation is not possible in matters that the parties cannot contract, for example, in criminal cases, in civil registration cases or in cases related to the custody of children.
HOW DO I SELECT THE MEDIATOR?
The parties can choose the mediator from the current list of mediators available at the official website of our Department, www.adb.adalet.gov.tr.
IS MEDIATION AN EXPENSIVE METHOD?
Until the conclusion of the process, the parties do not have to pay any fees in the mediation process, unlike the case, and they do not pay expenses such as notification, expert witness, witness and discovery. Only the mediator is paid according to the duration of his activity, in accordance with the Mediation Minimum Fee Schedule. Also, a private meeting place etc. If necessary, these costs must be paid. If the parties will participate in this process with their lawyers, they will also pay their lawyers a fee.
WHAT IS MY ADVANTAGE WHEN I AGREE THROUGH MEDIA?
You will save time that you will have to make during the lawsuit (such as postal expenses, expert, discovery, etc. expenses, travel expenses) and the time that you will have to limit from your other works due to the trial and allocate to the courthouse.
It takes less time than court.
The outcome is under the control of the parties.
Looking to the future, it is essential to protect the interests, not the current legal situation.
Reliability and confidentiality are important; The parties can easily talk here that they cannot speak in front of the court.
The psychological and sociological risk is low; creates fewer new problems.
The method and solution style agreed by the parties are fundamental and flexible.
It is resolved by agreement; both sides win, the social and economic relations of the parties continue.
The maximum rate of rent increase to be applied in renewals of lease agreements is clearly determined in the Code of Obligations (M 344). Accordingly, the rate of rent increase can be as much as the rate of Domestic Producer Price Index. However, the announcement by the Turkish Statistical Institute of the four different values of the Domestic Producer Price Index as “Change Rate According to Twelve-Month Averages”, “Annual Change Rate”, “Change Rate According to December” and “Monthly Change Rate” creates confusion. According to the settled decisions of the Supreme Court, the rate to be applied as the rent increase rate is “The Rate of Change in Domestic Producer Price Index According to the Twelve-Month Averages”. This rate is the highest rate of increase that can be applied in the renewal of lease agreements, and if the rent increase rate written in the agreement is lower than the Domestic Producer Price Index, the increase amount written in the agreement will be valid. On the contrary, if the rent increase is more than this rate, the determined rent increase rate will not be applied because it will be against the mandatory provisions of the law of obligations, and the Domestic Producer Price Index rate will be applied.
Since wedding jewelry is considered personal property, it cannot be included in the calculation of property division in divorce.
Spending the wedding jewelry on common needs or wedding expenses within the marriage, paying the debt of the man with jewelry, etc. ın the event of divorce, the woman has the right to demand the wedding jewelery from her husband, even if it is sold out due to reasons such as: If the woman voluntarily gave the wedding jewelry to the man on the condition that it cannot be “returned”, she can no longer demand the jewelry back. However, the man has to prove that the jewelry was given to him by the woman, not to be returned.
Jewelry coins and jewelry worn at the wedding are considered to belong to the woman, unless there is a contrary agreement between the parties. Unless it is proven that it was given on a non-refundable condition; having them cashed and spent by the husband for his debts; does not relieve him of the refund debt. The plaintiff-defendant husband declared and accepted that “all of them are used for engagement, wedding and household goods debts” in his response to the woman’s requests for jewelry and ornaments; Nor could he prove that the jewelry money was given to him by the woman, never to be returned. For these reasons, the woman’s case regarding her request for jewelry money should be accepted. (Court of Appeals 2HD-K.2014/26223).