WHEN WILL THE CASE BE CONSIDERED TO HAVE BEEN FILED?

The law states that the case will be considered filed on the date the petition is registered (art.WILL THE CASE BE CONSIDERED TO HAVE BEEN FILED?

The law states that the case will be considered filed on the date the petition is registered (art.188/1) and the principles and procedures regarding the registration HEN WILL THE CASE BE CONSIDERED TO HAVE BEEN FILED?

The law states that the case will be considered filed on the date the petition is registered (art.188/1) and the principles and procedures regarding the registration of the petition of lawsuit are regulated to be determined by regulation.

Article 36 of the regulation provides for various possibilities in this regard. Accordingly, the case is deemed to have been filed on the date on which the petition for action (in electronic form, in UYAP) was submitted and registered.

If for any reason it is not possible to make a transaction (submission) in electronic environment; the transaction is made in physical environment, this situation is determined by a record; when the electronic system is turned on, transactions made in physical environment are transferred to electronic environment without delay, and in this case the case is deemed to have been opened on the date of issue of the said record.

In case the case is filed electronically via the UYAP system with an electronic signature and the court fees and advance expenses are transferred to the court cashier’s account or provided through payment instruments such as barocards or credit cards in an electronic environment, the case is deemed to have been filed on the date the lawsuit petition is recorded in the UYAP System.

 

 

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HMK No. 6100

Determination and nature of the task

ARTICLE 1- (1) The duties of the courts are regulated only by law. The rules regarding the duty are from public order6100

Determination and nature of the task
HMK No. 6100

Determination and nature of the task

ARTICLE 1- (1) The duties of the courts are regulated only by law. The rules regarding the duty are from public order.

The jurisdiction of civil courts of first instance

ARTICLE 2- (1) Regardless of the vMK No. 6100

Determination and nature of the task

ARTICLE 1- (1) The duties of the courts are regulated only by law. The rules regarding the duty are from public order.

The jurisdiction of civil courts of first instance

ARTICLE 2- (1) Regardless of the value and amount of the subject matter of the lawsuit, the court assigned to cases related to the rights of assets and cases related to the existence of a person is the court of first instance, unless there is a contrary arrangement.

(2) Unless there are contrary regulations in this Law and other laws, the court of first instance is also responsible for other cases and cases.

Duty in cases of compensation for damages arising from death or loss of body integrity cases of compensation for damages arising from death or loss of body integrity

ARTICLE 3- (1) The courts of first instance shall deal with cases related to the partial or complete loss of bodily integrity caused by all kinds of administrative actions and transactions and other reasons for which the administration is reuty in cases of compensation for damages arising from death or loss of body integrity

ARTICLE 3- (1) The courts of first instance shall deal with cases related to the partial or complete loss of bodily integrity caused by all kinds of administrative Duty in cases of compensation for damages arising from death or loss of body integrity

ARTICLE 3- (1) The courts of first instance shall deal with cases related to the partial or complete loss of bodily integrity caused by all kinds of administrative actions and transactions and other reasons for which the administration is responsible, or compensation for material and moral damages caused by the death of a person. This provision is applied even in cases related to compensation for the same type of damages arising from reasons other than the responsibility of the administration. the provisions of the Labor Courts Law dated 30/1/1950 and numbered 5521 are reserved.

The duty of the civil courts of peace

ARTICLE 4- (1) The civil courts of peace, regardless of the value or amount of the subject matter of the case
ARTICLE 4- (1) The civil courts of peace, regardless of the value or amount of the subject matter of the case;

a) Lawsuits related to all disputes, including claims arising from the lease relationship, including separate provisions on the eviction of leased real estate through unauthorized execution in accordance with the Execution and Bankruptcy Law dated 9/6/1932 and numbered 2004, as well as lawsuits filed agai
ARTICLE 4- (1) The civil courts of peace, regardless of the value or amount of the subject matter of the case;

a) Lawsuits related to all disputes, including claims arising from the lease relationship, including separate provisions on the eviction of leased real estate through unauthorized execution in accordance with the Execution and Bankruptcy Law dated 9/6/1932 and numbered 2004, as well as lawsuits filed against these cases, as well as lawsuits filed against these cases, including claims arising from the lease relationship,
b) Cases related to the distribution of movable and immovable property or rights and the liquidation of the partnership,
c) In movable and immovable property, only cases that are aimed at the protection of possession,
ç) Cases in which this Law and other laws have assigned the civil court of peace or the civil judge of peace,

they’ll see.

Authorityç) Cases in which this Law and other laws have assigned the civil court of peace or the civil judge of peace,

they’ll see.

Authority

General rule

ARTICLE 5- (1) The Cases in which this Law and other laws have assigned the civil court of peace or the civil judge of peace,

they’ll see.

Authority

Gen) Cases in which this Law and other laws have assigned the civil court of peace or the civil judge of peace,

they’ll see.

Authority

General rule

ARTICLE 5- (1) The jurisdiction of the courts is subject to the provisions in this Law, without prejudice to the provisions regarding jurisdiction in other laws.

General jurisdiction court

ARTICLE 6- (1) The general competent court is the settlement court of the defendant natural or legal person on the date of opening of the case.

(2) The place of settlement is determined in accordance with the provisions of the Turkish Civil Code dated 22/11/2001 and numbered 4721.

In case the defendant has more than one authority

ARTICLE 7- (1) If the defendant is more than one, the case may be filed in the settlement court of one of them. However, if a court is specified in the law that has joint authority over all the defendants according to the reason for the lawsuit, the case will be tried in that local court.ICLE 7- (1) If the defendant is more than one, the case may be filed in the settlement court of one of them. However, if a court is specified in the law that has joint authority over all the defendants according to the reason for the lawsuit, the case will be tried in that local court.

(2) In cases where there are more than one defendant, if it is understood by evidence or indications that the case was filed solely for the purpose of bringing one of the defendants to a court other than his own residential court, the court shall, upon the objection of the relevant defendant, separate the case against him and issue a decision of incompetence.

Authority in cases to be filed against those who temporarily reside in a placeAuthority in cases to be filed against those who temporarily reside in a place

ARTICLE 8- (1) For claims for receivables or movable property to be filed against those who temporarily reside in a place, such as civil servants, workers, students, soldiers, if their presence there can continue in cases to be filed against those who temporarily reside in a place

ARTICLE 8- (1) For claims for receivables or movable property to be filed against those who temporarily reside in a place, such as civil servants, workers, students, soldiers, if their presence there can continue for a long time, the court of the place where they are located is also authorized.

Authority in the absence of a settlement in Turkey

ARTICLE 9- (1) The general competent court for those who do not have a place of residence in Turkey is the court of the place where the defendant’s habitual residence is located in Turkey.RTICLE 9- (1) The general competent court for those who do not have a place of residence in Turkey is the court of the place where the defendant’s habitual residence is located in Turkey. However, without prejudice to other sp 9- (1) The general competent court for those who do not have a place of residence in Turkey is the court of the place where the defendant’s habitual residence is located iARTICLE 9- (1) The general competent court for those who do not have a place of residence in Turkey is the court of the place where the defendant’s habitual residence is located in Turkey. However, without prejudice to other special cases of jurisdiction, a lawsuit regarding the rights to the assets may also be filed where the element of the assets subject to dispute is located.

Authority in contractual cases

ARTICLE 10- (1) Lawsuits arising from the contract may also be filed in the court of the place where the contract will be performed.

Authority in cases arising from inheritance

ARTICLE 11- (1) In the following cases, the final settlement court of the deceased person has final authority:

a) Cases related to the sharing of the inheritance, invalidity of the sharing agreement, cancellation and rejection of savings due to death, cases related to Decoupling due to inheritance, and cases arising from the management of the inheritance between heirs.) Cases related to the sharing of the inheritance, invalidity of the sharing agreement, cancellation and rejection of savings due to death, cases related to Decoupling due to inheritance, and cases arising from the management of the inheritance between heirs.
b) All lawsuits to be filed against the heirs until the final sharing of the estate.
(2) The case of fortification, which is requested to be opened about the goods contained in the terek, may also be opened wherever the goods are located at the time of writing and determination of the terek.

(3) In cases regarding the cancellation of the inheritance certificate and the issuance of a new inheritance certificate, the court where each of the heirs resides is also authorized.

Jurisdiction in cases arising(3) In cases regarding the cancellation of the inheritance certificate and the issuance of a new inheritance certificate, the court where each of the heirs resides is also authorized.

Jurisdiction in cases arising from real estate

ARTICLE 12- (1) The court of the place where the real3) In cases regarding the cancellation of the inheritance certificate and the issuance of a new inheritance certificate, the court where each of the heirs resides is also authorized.

Jurisdiction in cases arising from real estate

ARTICLE 12- (1) The court of the place where the real estate is located has final authority in cases related to the right in kind or which may lead to a change in the ownership of the right in kind, as well as in cases related to the possession of the real estate or the right to detention.

(2) Lawsuits related to easement rights shall be filed in the court of the place where the real estate on which the easement right is established is located.

(3) If these lawsuits are related to more than one immovable property, they may also be filed against the others in the place where one of the immovables is located.

Authority in the counterclaim(3) If these lawsuits are related to more than one immovable property, they may also be filed against the others in the place where one of the immovables is located.

Authority in the counterclaim

ARTICLE 13these lawsuits are related to more than one immovable property, they may also be filed against the others in the place where one of the immovables is located.

Authority in the counterclaim

ARTICLE 13- (1) In cases where the final authority is not in question, the court hearing the original case is also authorized to hear the counterclaim.

Authority in cases related to branches and legal entities

ARTICLE 14- (1) In cases arising from the transactions of a branch, the court of the place where that branch is located is also authorized.

(2) For lawsuits filed by private law legal entities against a partner or member, or by a partner or member against others in this capacity, provided that they are limited to partnership or membership relations, the court of the place where the headquarters of the relevant legal entity is located shall have the final authority.) For lawsuits filed by private law legal entities against a partner or member, or by a partner or member against others in this capacity, provided that they are limited to partnership or membership relations, the court of the place where the headquarters of the relevant legal entity is located shall have the final authority.

Authority in cases arising from insurance contracts

ARTICLE 15- (1) Lawsuits arising from loss insurance may also be filed where the risk occurs if the insurance relates to a real estate or a movable property that must be fixed or stipulated in a place by its nature, where the property is located; if it relates to a movable property that does not need to be fixed or is not stipulated in a place.LE 15- (1) Lawsuits arising from loss insurance may also be filed where the risk occurs if the insurance relates to a real estate or a movable property that must be fiARTICLE 15- (1) Lawsuits arising from loss insurance may also be filed where the risk occurs if the insurance relates to a real estate or a movable property that must be fixed or stipulated in a place by its nature, where the property is located; if it relates to a movable property that does not need to be fixed or is not stipulated in a place.

(2) In life insurance, the court of their settlement shall have the final authority in cases to be filed against or against the insured, the insured or the beneficiary.

(3) This provision does not apply to cases arising from marine insurance.

Jurisdiction in cases arising from tort

ARTICLE 16- (1) In cases arising from a tort, the court of the place where the tort was committed or where the damage occurred or where it is possible to occur, or the place of settlement of the injured person, is also authorized.

Authorization agreement- (1) In cases arising from a tort, the court of the place where the tort was committed or where the damage occurred or where it is possible to occur, or the place of settlement of the injured person, is also authorized.

Authorization agreement

s arising from a tort, the court of the place where the tort was committed or where the damage occurred or where it is possible to occur, or the place of settlement of the injured person, is also authorized.

Authorization agreement

ARTICLE 17- (1) Merchants or public legal entities may, by contract, designate one or more courts to be competent to resolve a dispute that may arise between them. Unless otherwise agreed by the parties, the case shall be filed only in these courts determined by the contract.

Conditions for the validity of the mandate agreement

ARTICLE 18- (1) An authorization agreement cannot be concluded with issues that the parties cannot freely save on in cases of final authorization.RTICLE 18- (1) An authorization agreement cannot be concluded with issues that the parties cannot freely save on in cases of final authorization.

(2) In order for the authorization agreement to be valid, it must be made in writing, the legal relationship in which 18- (1) An authorization agreement cannot be concluded with issues that the parties cannot freely save on in cases of final authorization.

(2) In order for the authorization agreement to be valid, it must be made in writing, the legal relationship in which the dispute originates must be specific or determinable, and the authorized court or courts must be indicated.

Asserting an objection to authority

ARTICLE 19- (1) In cases where the authority is final, the court must investigate spontaneously whether it is authorized until the end of the case; the parties may also claim that the court is unauthorized at any time.

(2) In cases where jurisdiction is not certain, the objection to jurisdiction must be raised in the answer petition. The party making the objection to jurisdiction declares the competent court; if there is more than one competent court, the court it has chosen. Otherwise, the objection to jurisdiction will not be taken into consideration In cases where jurisdiction is not certain, the objection to jurisdiction must be raise
(2) In cases where jurisdiction is not certain, the objection to jurisdiction must be raised in the answer petition. The party making the objection to jurisdiction declares the competent court; if there is more than one compe

 

 

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Documents That Must Be Included in the Personnel File:

Passport photo,record to be obtained from the Chief Public Prosecutor That Must Be Included in the Personnel File:

Passport photo,
ADNKS
Criminal record to be obtained from the Chief Public Prosecutor’s Office
Photocopy of the diploma from the school he graduated from, Education Certificates
Blood type card, Health Report,cuments That Must Be Included in the Personnel File:

Passport photo,
ADNKS
Criminal record to be obtained from the Chief Public Prosecutor’s Office
Photocopy of the diploma from the school he graduated from, Education Certificates
Blood type card, Health Report, Worker’s Suitability Examinations
Photocopy of the marriage certificate of married personnel (photocopies of the ID cards of the spouse and children, if any).
A photocopy of the discharge certificate of the personnel who has served in the military or documents related to their military status,
Reference Letters and CV
If the worker is disabled, the original or photocopy of the Disability Report.
A letter from the relevant treasury office stating that a discount will be applied in order to benefit from the Disability Discount,
JOBS application registration document for the disabled worker,
Liability document for the equipment deliveredA letter from the relevant treasury office stating that ant,
JOBS appom the relevant treasury office stating that a discount will be applied in order to benefit from the Disability Discount,
JOBS application registration document for the disabled worker,
Liability document fA letter from the relevant treasury office stating that a discount will be applied in order to benefit from the Disability Discount,
JOBS application registration document for the disabled worker,
Liability document for the equipment delivered.
SSI Insured Person’s Employment Entry Declaration (4-1(a))
SSI Insured Person’s Employment Termination Declaration(4-1(a))
AGI Family Status Declaration
Employment Contract(Fixed Term, Indefinite Term, Part Time, On Call, Probationary and Team Contract, Temporary Employment Relationship Contract, Young Worker Contract)
Consent obtained from the worker for Overtime Work
Documents showing the reason for the Wage Deduction penalties
Documents related to Workplace Accidents and Occupational Diseases
Documents related to Annual Leave Used
Termination of Employment with a Term
Documents related to Job Security, Court Decisions
WorkResignation related to Annual Leave Used
Termination of Employment with a Term
Documents related to Job SecurityDocuments related to Annual Leave Used
Termination of Employment with a Term
Documents related to Job Security, Court Decisions
Work Certificate
Release Forms
R

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Mandatory Documents

Employee’s identity information (LaboranMadatory Documents

Employee’s identityandatory Documents

Employee’s identity information (Labor Code m.75),
Employment entry declaration (506 pg. SSK. m. 9),
Work permit for foreign national workers (4817 sy. Law)
If there is a minimum and maximum peratory Documents

Employee’s identity information (Labor Code m.75),
Employment edatory Documents

Eyee’s identity information (Labor Mandatory Documents

Employee’s identity information (Labor Code m.75),
Employment entry declaration (506 pg. SSK. m. 9),
Work permit for foreign national workers (4817 sy. Law)
If there is a minimum and maximum period of work with an indefinite-term employment contract, the duration of which is one year or more, an example is (Job K. m.8/2)
If there is a work with a fixed-term employment contract, a sample of it (Labor C. m.11)
If there is work on call, a copy of the contract (Labor C. m.14)
If a written employment contract has not been concluded, the employee should be hired no later than two months after hiring
A copy of the “written document containing the working conditions” that must be given to the worker, bearing the worker’s signature and a note indicating that he/she has received this document (Labor C. copy of the “written document containing the working conditions” that must be given to the worker, bearing the worker’s signature anA py of the “written document containing the working conditions” that must be given to tA copy of the “written document containing the working conditions” that must be given to the worker, bearing the worker’s signature and a note indicating that he/she has py of the “written document containing the working conditions” that must be given to the wopy of the “written document containing the working conditions” that must be given to the worker, bearing the worker’s signature and a note indicating that he/she has received this document (Labor C. m.8/3)
The sample of the “wage calculation slip” that must be given to the worker every month, bearing the worker’s signature (Labor C. m.37),
Approval documents for working with overtime hours taken from the employee (Labor C. m.41),
In cases where there is no provision in the contract, the documents of approval to work on National Holidays and General Holidays received from the employee (Job K. m.44),
Medical report required for workers to be employed in heavy and dangerous jobs (Labor C. m.86),
A mandatory doctor’s report to be taken before hiring working-age children(Job K. mA mandatory doctor’s report to be taken before hiring working-age children(Job K. m.87),
Control inspection reports showing that there are no obstacles to compulsory work attendance to be takA mandatory doctor’s report to be taken before hiring working-age children(Job K. m.87),
Control inspeA mandatory doctor’s report to be taken before hiring working-age children(Job K. m.87),
Contandatory doctor’s report to be taken before hiring working-age children(Job K. m.87),
Control inmandatory doctor’s report to be taken before hiring working-age children(Job K. m.87),
Control inspection reports showing that there are no obstacles to compulsory work attendance to be taken at certain periods for employees in heavy and dangerous jobs and children (Job K. m.86 and 87),
Doctor’s approval required if pregnant women work until three weeks before birth (Labor C. m.74/1),
Doctor’s report showing that prenatal and postpartum leave should be increased (Job K. m.74/2),
Leave record document showing annual paid leave and bearing the worker’s signature (Labor C. m.56/last),
A sample of the “work certificate” that must be given to the worker when the employment contract ends, and a proof document showing that the certificate has been given to the worker and bearing the worker’s signature (Labor C. sA sample of the “work certificate” that must be given to the worker when the employment contract ends, and a proof document showing that the certific sampl

GRANTING ADDITIONAL DEFENSE RIGHTS TO THE DEFENDANT

There are two stages in criminal proceedings: the investigation stage (prosecutor’s stage) and the prosecution stage (criminal case).RANTING ADDITIONAL DEFENSE RIGHTS TO THE DEFENDANT

There are two stages in criminal proceedings: the investigation stage (prosecutor’s stage) and the prosecution stage (criminal case). The prosecution phase is started with the preparation of the indictment by the prosecutor’s office and its acceptance by the court. There are referral articles in the indictment prepared by the prosecutor’s office, where the defendant is requested to be tried, and the trial begins in terms of referral articles with the acceptance of the indictment.

After the indictment is prepared, new evidence may arise that will require the legal nature of the crime specified in the indictment to change, or the punishment to be increased, or a security measure to be introduced in October in addition to the punishment.

The mentioned cases should appear for the first time in criminal proceedings.r the indictment is prepared, new evidence may arise that will require the legal nature of the crime specified in the indictment to change, or the punishment to be increased, or a security measure to be introduced in October in addition to the punishment.

The mentioned cases should appear for the first time in criminal proceedings. In this case, the defendant has the right to additional defense, and unless he gives additional defense, a conviction cannot be given against the defendant for any other crime other than the crime shown in the indictment.

In cases requiring additional defense, the defendant is given additional time to prepare his defense.

Granting an additional defense to the accused will only be valid if new evidence is October against him. Because the right to additional defense is a transaction in the best interest of the Oct. In this case, if evidence appears in favor of the accused during the prosecution phase, the right to additional defense is not granted, and these evidence that emerges later is applied in October in favor of the accused.

What is the rule is the adherence of the court with the indictment. In accordance with the principle of the public nature of the criminal case, the public prosecutor prepares the indictment and the prosecution begins with the acceptance of this indictment. However, during the prosecution phase, the judge is not bound by the indictment.he adherence of the court with the indictment. In accordance with the principle of the public nature of the criminal case, the public prosecutor prepares the indictment and the prosecution begins with the acceptance of this indictment. However, during the prosecution phase, the judge is not bound by the indictment. In other words, the court is obliged to conduct its investigation according to the action committed, in accordance with the principle of investigating the material truth. At this stage, if the legal nature of the crime determined in the indictment prepared by the Public Prosecutor changes or if the punishment for this crime needs to be increased or if additional security measures need to be introduced for this crime, the defendant must first be given the right to additional defense.t this stage, if the legal nature of the crime determined in the indictment prepared by the Public Prosecutor changes or if the punishment for this crime needs to be increased or if additional security measures need to be introduced for this crime, the defendant must first be given the right to additional defense. However, if the new situation that arises constitutes an independent crime or if new crimes arise, an indictment should be prepared for these separately. The court cannot prosecute a crime that is independent of the crime specified in the indictment, in accordance with the principle of “there is no trial without a case”. October Decrees that the distinction between the two cases is as follows: if the action remains the same during the prosecution phase but the nature of the charged crime has changed, then the prosecution is continued by giving the defendant the right to additional defense.ctober Decrees that the distinction between the two cases is as follows: if the action remains the same during the prosecution phase but the nature of the charged crime has changed, then the prosecution is continueOcctober Decrees that the distinction between the two cases is as follows: if the action remains the same during the prosecution phase but the nature of the c

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The criminal trial begins with the investigation phase. Investigation phase C. It includes the collection of evidence by the prosecutor and law enforcement agencies on a relevant complaint or criminal complaint, research, investigation of whether there is a link between the alleged illegal act and the alleged perpetrator who committed the crime and the Decriminalization.

The investigation stage differs in terms of the crimes subject to the complaint or the crimes to be investigated ex officio. There is a 6-month statute of limitations for the crimes subject to the complaint. During this period, the person who is harmed by the crime is law enforcement agencies such as the police, gendarmerie, or C.he investigation stage differs in terms of the crimes subject to the complaint or the crimes to be investigated ex officio. There is a 6-month statute of limitations for the crimes subject to the complaint. During this period, the person who is harmed by the crime is law enforcement agencies such as the police, gendarmerie, or C. If he does not notify that he is a complainant through the Prosecutor’s Office, the crime declared to have been committed becomes non-prosecutable because the complaint period in question has expired. A criminal complaint means a notification, but the victim or 3. it can also be done by people.

The Public Prosecutor conducts the investigation phase, which begins with a complaint or criminal complaint.he Public Prosecutor conducts the investigation phase, which begins with a complaint or criminal complaint. In this context, it accesses evidence with law enforcement officers who are in a subordinate position from a judicial point of view, completes research and may request information from relevant institutions and organizations to investigate requests and requests in accordance with the law, and may give instructions to take action.

If the public prosecutor collects evidence related to the investigation of a judicial incident, it is necessary to issue an indictment. The indictment issued shall be submitted to the competent and competent criminal court. The criminal court is required to examine the indictment in question in accordance with the Code of Criminal Procedure.f the public prosecutor collects evidence related to the investigation of a judicial incident, it is necessary to issue an indictment. The indictment issued shall be submitted to the competent and competent criminal court. The criminal court is required to examine the indictment in question in accordance with the Code of Criminal Procedure. As a result of the examination, an indictment is accepted within fifteen days or C for the completion of deficiencies. He will be returned to the prosecutor’s office. With the completion of the deficiencies, the indictment is accepted and a criminal case is opened. During the interim examination period, the criminal case is technically considered not to have been opened. Dec.In other words, the criminal case (prosecution phase) begins with the acceptance of the indictment.

C.C.The prosecutor may decide that there is no place for prosecution at the investigation stage without issuing an indictment. In this case, as a result of the evidence collected and the investigation conducted, it is concluded that there are no findings sufficient to open a criminal case against the suspect(the perpetrator of the crime.T.The prosecutor may decide that there is no place for prosecution at the investigation stage without issuing an indictment. In this case, as a result of the evidence collected and the investigation conducted, it is concluded that there are no findings sufficient to open a criminal case against the suspect(the perpetrator of the crime). C. With the decision of the prosecutor that there is no place for prosecution, the relevant complaint or criminal complaint is terminated without opening a criminal case. 3. The complainant, the victim or the person who has filed a criminal complaint against the decisions that there is no place for prosecution. the person’s right of objection is reserved.

As we mentioned briefly above, criminal cases cannot be opened by the individual will of individuals, unlike civil cases. Therefore, whether the complainant who is in the position of a victim or the suspect who is in the position of a perpetrator should take the investigation stage as the basis of the trial and carefully follow the process from the investigation stage to the Supreme Court stage.s we mentioned briefly above, criminal cases cannot be opened by the individual will of individuals,

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The criminal trial consists of two separate phases: the investigation phase and the prosecution phase(criminal case). The decision made by the court following the opening of the criminal case is called the judgment.The criminal trial consists of two separate phases: the investigation phase and the prosecution phase(criminal case). The decision made by the court following the opening of the criminal case is called the judgment.

In terms of criminal procedure, the statement of the suspect is taken during the investigation phase, while the statement of the victim or complainant is taken. During the prosecution phase, the defendant is questioned by the official and authorized criminal court that conducts the trial.

According to the Criminal Procedure Law No. 5271, the statement is made by law enforcement or C. It can be taken by the prosecutor. If the suspect’s age is young, the testimony of the child who was dragged into the crime will not be taken in institutions such as the police and gendarmerie, which assume law enforcement duties.ccording to the Criminal Procedure Law No. 5271, the statement is made by law enforcement or C. It can be taken by the prosecutor. If the suspect’s age is young, the testimony of the child who was dragged into the crime will not be taken in institutions such as the police and gendarmerie, which assume law enforcement duties. In this case, the statement of the child who was dragged into the crime as a suspect is C. It has to be taken by the prosecutor. From the point of view of law enforcement regarding the minor, only identification can be made.

The complaint or criminal complaint, which is the beginning of the investigation phase, can be made directly to the C. Prosecutor’s Office or to law enforcement agencies such as the police station or police department.he complaint or criminal complaint, which is the beginning of the investigation phase, can be made directly to the C. Prosecutor’s Office or to law enforcement agencies such as the police station or polThe complaint or criminal complaint, which is the beginning of the investigation phase, can be made directly to the C. Prosecutor’s Office or to law enforcement agencies such as the police station or police department. Then, it is necessary to collect evidence quickly and take the statement of the suspect in the heat of heat, apply for the victim’s or complainant’s statement, and apply for the statements of witnesses.

During the investigation phase, the suspect may request the presence of his lawyer (defense lawyer) during the investigation phase, and during the prosecution phase, the accused may refrain from making statements without his defense.

Since he committed a crime, bet on the police or C. Asking a question to a suspect by the prosecutor is considered as taking a statement. It is absolutely necessary that the received statement be taken in writing.ince he committed a crime, bet on the police or C. Asking a question to a suspect by the prosecutor is considered as taking a statement. It is absolutely necessary that the received statement be taken in writing. Although it is difficult to prove the conversations made in healing and the oral statements received, it may be that the information obtained is usually used in terms of the course of the investigation stage.

The person whose statement is applied for is invited with a call sheet in accordance with Articles 145 and the rest of the Code of Criminal Procedure.he person whose statement is applied for is invited with a call sheet in accordance with Articles 145 and the rest of the Code of Criminal Procedure. The content of the call sheet includes the reason for applying for the person’s statement, in other words, the crime being charged, informing him in what capahe person whose statement is applied for is invited with a call sheet in accordance with Articles 145 and the rest of the Code of Criminal Procedure. The content of the call sheet includes the reason for applying for the person’s statement, in other words, the crime being charged, informing him in what capacity his statement / statement will be taken(for example, an eyewitness), that he may be forcibly brought in if he does not respond to the invitation. Those who are not invited to participate in the invitation, even if they are invited, and who have a warrant for arrest or arrest, may be brought by force. In accordance with the PVSK, it is possible to be summoned by the police for the purpose of applying for statements of persons in investigations conducted before the police and which are in the preparatory stage. However, in this context, the police do not have the authority to bring by force.

There should be a law enforcement officer and a clerk law enforcement officer who direct the questions that will be asked during the taking of the statement of the suspect whose statement is referred to. C of the Statement. If it is received by the prosecutor, C during the receipt of the statement. There is a prosecutor and a clerk.here should be a law enforcement officer and a clerk law enforcement officer who direct the questions that will be asked during the taking of the statement of the suspect whose statement is referred to. C of the Statement. If it is received by the prosecutor, C during the receipt of the statement. There is a prosecutor and a clerk. Except for the statement taken by law enforcement C. It is also observed that if the prosecutor does not find the statement sufficient for the investigation, sometimes the suspect applies for a statement again.

Article 147 of the Code of Criminalrticle 147 of the Code of Criminal Procedure in the statement or interrogation before the court, the suspect or defendant is told that he has the right to silence, can show evidence in favor and request a subpoena, can hire a lawyer, can request from the bar association in the city where he is located if his financial situation does not allow, he must declare his credentials correctly, otherwise he will be considered a criminal offense, the explanation of the alleged crime and the incident is explained, reminded and linked to the minutes.

One of the most remarkable rights here is the “right to silence”. The suspect or the accused may refrain from making a statement. The right to silence may be beneficial in cases where a confidentiality decision has been made or the trial file has not been mastered, as well as sometimes it may cause negative evaluations.ne of the most remarkable rights here is the “right to silence”. The suspect or the accused may refrain from making a statement. The right to silence may be beneficial in cases where a confidentiality decision has been made or the trial file has not been mastered, as well as sometimes it may cause negative evaluations. Velev ki, C. Prosecutors’ offices and criminal courts are included in the doctrine of “Silence is not considered a confession.” Contrary to the principle, they may sometimes use a negative opinion about the suspect or the accused who exercises the right to silence.

Mastering, legally examining and evaluating the investigation or prosecution file prior to a statement, declaration or interrogation before a court is essential for the correct exercise of the right of defense. For this reason, it is absolutely necessary to examine and examine the current file format in a correct statement or query strategy.astering, legally examining and evaluating the investigation or prosecution file prior to a statement, declaration or interrogation before a court is essential for the correct exercise of the right of defense. For this reason, it is absolutely necessary to examine and examine the current file format in a correct statement or query strategy. Instead of making contradictory statements in terms of the criminal trial process, it is necessary to give a statement / statement in simple and not too long sentences. According to the presumption of innocence, everyone is innocent until proven guilty. However, in order to prove innocence, the plot of the crime should be taken into account and the evidence in favor of it should be presented in accordance with the nature of the crime. It is important to connect the suspect and the accused directly to the board, such as statements and interrogations.owever, in order to prove innocence, the plot of the crime should be taken into account and the evidence in favor of it should be presented in accordance with the nature of the crime. It is important to connect the suspect and the accused directly to the board, such as statemen

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A witness is defined in the TDK dictionary as a person whose knowledge and manners are applied during the trial. The testimony institution, which undertakes an important task among the evidence that serves the purpose of reaching the final truth of the criminal trial, has been Deciphered in detail in the CMK. witness is defined in the TDK dictionary as a person whose knowledge and manners are applied during the trial. The testimony institution, which undertakes an important task among the evidence that serves the purpose of reaching the final truth of the criminal trial, has been Deciphered in detail in the CMK. It should be noted that the ECHR regulates the right to a fair trial 6. there is also a special regulation on testimony in the article, and it is specially arranged that the prosecution and defense witnesses should be heard under the same conditions and that no privileges should be granted to the diagnoses of the prosecution authority.

Witness TCK’s, 6. according to the article, he is considered a public official. The accused cannot be heard as a witness in a case in which he is being tried.itness TCK’s, 6. according to the article, he is considered a public official. The accused cannot be heard as a witness in a case in which he is being tried. If the victim is a witness, he can be a witness, according to CMK 236/1, when the victim is heard as a witness, the provisiotness TCK’s, 6. according to the article, he is considered a public official. The accused cannot be heard as a witness in a case in which he is being tried. If the victim is a witness, he can be a witness, according to CMK 236/1, when the victim is heard as a witness, the provisions related to testimony, except for oath, are also applied to the victim. According to CMK 201, the criminal lawyer may ask questions directly to the witness.

CALLING OF WITNESSES
Witnesses are summoned with a summons. The summons includes the consequences of not showing up. In cases where the witness is in custody, a forced attendance decision can be made without sendingsses are summoned with a summons. The summons includes the consequences of not showing up. In cases where the witness is in custody, a forced attendance decision can be made without sending a summons. The reasons for bringing the person in this way aitnesses are summoned with a summons. The summons includes the consequences of not showing up. In cases where the witness is in custody, a forced attendance decision can be made without sending a summons. The reasons for bringing the person in this way are shown in the decision letter and the action is taken regarding the witnesses who came with the summons paper.

This summons can also be made by using means such as telephone, telegram, fax, and e-mail. However, the results linked to the call sheet are not applied in this case.

The court may order the officials in writing to be present on the day and time specified by the witnesses who are deemed necessary to be heard immediately during the continuation of the hearing. The court may issue this order only at the prosecution stage.The court may order the officials in writing to be present on the day and time specified by the witnesses who are deemed necessary to be heard immediately during the continuation of the hearing. The court may issue this order only at the prosecution stage.

WHhe court may order the officials in writing to be present on the day and time specified by the witnesses who are deemed necessary to be heard immediately during the continuation of the hearing. The court may issue this order only at the prosecution stage.

WHAT HAPPENS IF THE WITNESS DOES NOT COME DESPITE THE SUMMONS?
Witnesses who do not comply with the summons are brought by force and the expenses caused by their failure to come are assessed and paid according to the procedure for collecting public receivables. However, if the witness who was brought by force later reports the reasons that justify his/her not coming before, the expenses awarded against him/her will be removed.

REFUSAL TO TESTIFY
Testimony is mandatory in criminal proceedings, and the person who should be heard as a witness for a trial cannot arbitrarily refrain from testifying. The law has limited the circumstances in which he may abstain from testifying. According to thismony is mandatory in criminal proceedings, and the person who should be heard as a witness for a trial cannot arbitrarily refrain from testifying. The law has limited the circumstances estimony is mandatory in criminal proceedings, and the person who should be heard as a witness for a trial cannot arbitrarily refrain from testifying. The law has limited the circumstances in which he may abstain from testifying. According to this;

The fiancée of the suspect or defendant.
The spouse of the suspect or defendant, even if the marriage bond is not intact.
The ancestor or descendant of the suspect or defendant by blood or by marriage.
Blood relatives of the suspect or defendant up to the third degree, or in-laws up to the second degree.
Those who have an adoptive bond with the suspect or defendant.
May refuse to testify.

– Those who are not in a position to understand the importance of refraining from testifying due to their age, mental illness or mental weakness may be heard as a witness with the consent of their legal representatives. If the legal representative is a suspect or accused, he cannot make a decision about the reservations of these people.t in a position to understand the importance of refraining from testifying due to their age, mental illness or mental weakness may be heard as a witness with the consent of the Those who are not in a position to understand the importance of refraining from testifying due to their age, mental illness or mental weakness may be heard as a witness with the consent of their legal representatives. If the legal representative is a suspect or accused, he cannot make a decision about the reservations of these people.

Both during the investigation phase and the prosecution phase, one may refuse to testify.

-Those who may refuse to testify are informed that they may refuse to testify before they are heard. These people can always refrain from testifying while they are resting.

THOSE WHO HAVE THE RIGHT TO WITHHOLD TESTIMONY DUE TO THEIR PROFESSION AND CONTINUOUS OCCUPATIONS
Lawyers or their trainees or assistants may withhold testimony due to the information they have learned due to their title or due to the judicial duties they undertake;HOSE WHO HAVE THE RIGHT TO WITHHOLD TESTIMONY DUE TO THEIR PROFESSION AND CONTINUOUS OCCUPATIONS
Lawyers or their trainees or assistants may withhold testimony due to the information they have learned due to their title or due to the judicial duties they undertake; Moreover, even with the consent of the person concerned, these people must be afraid of testifying.
Information that physicians, dentists, pharmacists, midwives and their assistants and all other members of the medical profession or arts learn about their patients and their relatives due to these adjectives.
Information that consultants and notaries assigned in financial affairs learn about the people they serve due to these adjectives.
if the consent of the relevant person is found for the groups mentioned in items 2 and 3, these persons cannot hesitate to testify.nformation that consultants and notaries assigned in financial affairs learn about the people they serve due to these adjectives.
if the consent of the relevant person is found for the groups mentioned in items 2 and 3, these persons cannot hesitate to testify.

DO NOT BE AFRAID TO TESTIFY AGAINST HIM OR HIS RELATIVES
Even if a witness testifies, he may refrain from answering questions that may subject him or the persons listed in the first paragraph of Article 45 to criminal prosecution. The witness is informed in advanceven if a witness testifies, he may refrain from answering questions that may subject him or the persons listed in the first paragraph of Article 45 to criminal prosecution. The witven if a witness testifies, he may refrain from answering questions that may subject him or the persons listed in the first paragraph of Article 45 to criminal prosecution. The witness is informed in advance that he may refrain from answering. The purpose here is to prevent the witness from lying in order to protect himself or his relatives.

UNDER OATH IN TESTIMONY
First of all, the following people rest without oath;

Those who have not completed the age of fifteen at the time of rest.
Those who do not understand the nature and importance of the oath because they do not have the power to distinguish.
Those who are suspected, accused or convicted of participating in crimes subject to investigation or prosecution, or favoring the criminal because of these crimes, or destroying, hiding or changing criminal evidence.Those who are suspected, accused or convicted of participating in crimes subject to investigation or prosecution, or favoring the criminal because of these crimes, or destroying, hiding or changing criminal evidence.
-If a witness has sworn even though he is one of the witnesses who should not legally swear, the statement of this witness is considered as the statement of a witness without oath in practice.

– At every stage of the investigation and prosecution phase, the witness to be heard is sworn in. Although the fact that the witness who is required to take an oath is heard without taking an oath is a reason for reversal, it is seen in the Supreme Court of Appeals’ decisions that if the statement of this witness is not effective on the merits, a decision of reversal is not givenge of the investigation and prosecution phase, the witness to be heard is sworn in. Although the fact that the witness who is required to take an oath is heard without taking an oath is a reason for reversal, it is seen in the SuprAt every stage of the investigation and prosecution phase, the witness to be heard is sworn in. Although the fact that the witness who is required to take an oath is heard without taking an oath is a reason for reversal, it is seen in the Supreme Court of Appeals’ decisions that if the statement of this witness is not effective on the merits, a decision of reversal is not given. If necessary or if there is doubt about whether a person should be heard as a witness, his oath may be postponed until after his testimony. The form of the witness’s oath is regulated by law and consists of saying the relevant sentence out loud.

HEARING OF WITNESSES
Each witness is heard separately and without the presence of subsequent witnesses. Witnesses may be confronted with each other and the suspect until the prosecution phase only in cases where there is a problem with delay or related to identification.Each witness is heard separately and without the presence of subsequent witnesses. Witnesses may be confronted with each other and the suspect until the prosecutiach witness is heard separately and without the presence of subsequent witnesses. Witnesses may be confronted with each other and the suspect until the prosecution phase only in cases where there is a problem with delay or related to identification.

In CMK 212, if the witness says that he cannot remember something, the relevant part of the report containing his previous statement is read to help him remember. When a contradiction is found between the witness’s testimony at the trial and his previous statement, the previously taken statement is read and attempts are made to eliminate the contradiction, the Decrees of which are included.

RE-HEARING THE WITNESS
When a witness who is heard under oath has to be heard again during the same investigation or prosecution phase, it may be sufficient not to take the oath again and to be reminded of the previous oath.When a witness who is heard under oath has to be heard again during the same investigation or prosecution phase, it may be sufficient not to take the oath again and to be reminded of the previous oath.

MATTERS TO BE ASKED TO THE who is heard under oath has to be heard again during the same investigation or prosecution phase, it may be sufficient not to take the oath again and to be reminded of the previous oath.

MATTERS TO BE ASKED TO THE WITNESS FIRST AND THE WITNESS’S TESTIMONY
Personal questions are asked to the witness first. If revealing the witness’s identity will cause harm to him/her, then his/her identity can be kept confidential.

THINGS TO SAY TO THE WITNESS AND QUESTIONS TO ASK
The witness is listened to without interruption by being informed about the subject he is going to testify about and by showing the accused or telling his identity if the accused is not ready. Questions may be asked to the witness if necessary. In Criminal Procedure, these questions are called cross-examination.o without interruption by being informed about the subject he is going to testify about and by showing the accused or telling his identity if the accused is not ready. Questions may be asked to the witness if necessary. In Criminal Procedure, s listened to without interruption by being informed about the subject he is going to testify about and by showing the accused or telling his identity if the accused is not ready. Questions may be asked to the witness if necessary. In Criminal Procedure, these questions are called cross-examination.

UNJUST WITHDRAWAL FROM TESTIMONY AND OATH
The person who withdraws without a legal reason is charged with the expenses arising from this, and in addition, disciplinary imprisonment may be imposed, not exceeding three months in any case, until the case is concluded. Once he has fulfilled his obligation to testify, he is released immediately.

COMPENSATION AND EXPENSES TO BE PAID TO THE WITNESS
A compensation is given to the witness in proportion to the time he has lost in the process of testifying. If the witness had to travel to be ready, travel expenses and residence and nutrition expenses at the place where he was called to testify are also covered. However, these expenses are not paid to the witness prepared by the accused.mpensation is given to the witness in proportion to the time he has lost in the process of testifying. If the witness had to travel to be ready, travel expenses and residence and nutrition expenses at the place where he was called to testify are also covered. However, these expenses are not paid to the witness prepared by the accused.

THE SECRET WITNESS
If the disclosure of the identities of the persons who will be heard as witnesses will pose a grave danger to themselves or their relatives, the necessary measures are taken to keep their identities hidden. The Witness Protection Law seeks the condition of grave and serious danger in order for this provision to be applied to the witness.f the disclosure of the identities of the persons who will be heard as witnesses will pose a grave danger to themselves or their relatives, the necessary measures are taken to keep their identities hidden. The Witness Protection Law seeks the condition of grave and serious danger in order for this provision to be applied to the witness. The institution of secret testimony finds an area of application only for crimes committed within the framework of an organizational activity.

Although confidential testimony can be criticized for disrupting the balance between the prosecution and defense, both the ECtHR and the Constitutional Court do not find confidential testimony unlawful and rule that the right to a fair trial is violated if the verdict is based solely on the confidential witness’s statement

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T.LAW DEPARTT.C.

SUPREME COURT

LAW DEPARTMENT
2013/16400
2013/25100
4.7.2013
CANCELLATION O.C.

SUPREME COURT

LAW DEPARTMENT
2013/16400
2013/25100
4.7.2013
CANCELLATION OF THE PURSUIT (Debtor by the Avalists 6098 P. 584 of the TCO. Md. According to the Bet, Since Their Spouses Do Not Have Consent, the Subject of the Follow–Up is that the Check Carries the Foreign Exchange Qualification/The Debtors are the Issuers/The Condition of Consent of the Spouse is Not Regulated in Order to Enter Into an Obligation in the Turkish Commercial Code/It Is Necessary to Decide on the Rejection of the Complaint )
FOREIGN EXCHANGE QUALIFICATION ( The Check Subject to Follow–Up is Regulated According to the Provisions of the Turkish Commercial Code And Carries the Foreign Exchange Qualification /Debtors are Aval Issuers / The Condition of Consent of the Spouse is Not Regulated in Order to Enter into an Obligation in the Turkish Commercial Code/The Complaint Must be Rejected – Cancellation of the Follow-Up )FOREIGN EXCHANGE QUALIFICATION ( The Check Subject to Follow–Up is Regulated According to the Provisions of the Turkish Commercial Code And Carries the Foreign Exchange Qualification /Debtors are Aval Issuers / The Condition of Consent of the Spouse is Not Regulated in Order to Enter into an Obligation in the Turkish Commercial Code/The Complaint Must be Rejected – Cancellation of the Follow-Up )
RESPONSIBILITY OF AVALISTIN ( Cancellation of the Follow-Up – The Subject of the Follow-Up is that the Check Carries the Foreign Exchange Qualification/The Debtors Are the Issuers of the Loan/Avalistin is Responsible Just Like Him For Whom He has Entered Into an Obligation/The Turkish Commercial Code Does Not Regulate the Condition of Consent of the Spouse to Enter into an Obligation/The Complaint Must Be Rejected )
COMMERCIAL BUSINESS (Cancellation of Tracking / Check Subject to Tracking Is Regulated in Accordance with the Provisions of the Turkish Commercial Code And Carries an Exchange Rate Qualification / Debtors Are Issuing Loans – Negotiable Instruments Are Considered Commercial Business, Which is Considered a General Provision Against the Provisions of the Turkish Commercial Code S 6098.OMMERCIAL BUSINESS (Cancellation of Tracking / Check Subject to Tracking Is Regulated in Accordance with the Provisions of the TurkiERCSUMMARY :The case is based on the debtor avalists’ Code of Obligations 584. according to the article, it relates to the request for cancellation of the bet tracking because their spouses do not have consent.UMMARY :The case is based on the debtor avalists’ Code of Obligations 584. according to the article, it relates to the request for cancellation of the bet tracking because their spouses do not have consent. Upon examining the check subject toSUSUMMARY :The case is based on the debtor avalists’ Code of Obligations 584. according to the article, it relates to the request for cancellation of the bet trackingRY :The case is based on the debtor avalists’ Code of Obligations 584. according to the article, it relates to the request for cancellation of the bet tracking because their spouses do not have consent. Upon examining the check subject to the investigation, it is seen that it is drawn up in accordance with the provisions of the Turkish Commercial Code and has the quality of a bill of exchange, and that the debtors are the guarantors. Law No. 6102T.K.According to the provision of article nun702 ( 6762 of the Turkish Commercial Code.nun614 )., the avalist is responsible just like the person for whom he undertakes. The Turkish Commercial Code does not regulate the condition of spousal consent for undertaking obligations. Negotiable instruments are regulated in Article 3 of the Turkish Commercial Code No. 6102. (TCC No. 6762.nun3. ) since they are considered commercial business according to Article 584 of the Code of Obligations, which are considered a general provision against the provisions of the Turkish Commercial Code. there is no place for the application of the article in the concrete event.TCC No. 6762.nun3. ) since they are considered commercial business according to Article 584 of the Code of Obligations, which are considered a general provision against the provisions of the Turkish Commercial Code. there is no place for the application of the article in the concrete event. In that case, it is necessary to decide on the rejection of the complaint by the court.

CASE: Within the period of the court decision with the date and number written above, the audit of the appellant was sent to the apartment from the scene of the file related to this business upon request by the creditor, and the report organized by the Audit Judge Neşe Yüksel for the case file was listened to and all the documents in the file were read and examined, and the necessity of the work was discussed and considered:

DECISION: The creditor has initiated enforcement proceedings based on a bill of exchange based on a check, and the debtor endorsers are subject to Article 584 of the Code of Obligations.ECISION: The creditor has initiated enforcement proceedings based on a bill of exchange based on a check, and the debtor endorsers are subject to Article 584 of the Code of Obligations. according to the article, it is understood that they requested the cancellation of the follow-up because their spouses did not have consent, and the court decided to cancel the follow-up on the grounds that the avalists did not have the written permission of their spouses.

When examining the check subject to follow-up; It is arranged according to the provisions of the Turkish Commercial Code, it is seen that it carries the foreign exchange qualification and that the debtors are the issuers. T No. 6102.WhWhen examining the check subject to follow-up; It is arranged according to the provisions of the Turkish Commercial Code, it is seen that it carries the foreign ehen examining the check subject to follow-up; It is arranged according to the provisions of the Turkish Commercial Code, it is seen that it carries the foreign exchange qualification and that the debtors are the issuers. T No. 6102.T.K.nun702 (TCC No. 6762.nun614 ).according to the provision of the article, avalist is responsible for whomever it has entered into an obligation for, just like him. The Turkish Commercial Code does not regulate the condition of consent of the spouse to enter into an obligation. Negotiable instruments 3 of the Turkish Commercial Code numbered 6102. (TCC No. 6762.nun3. ) since they are considered commercial business according to Article 584 of the Code of Obligations, which are considered a general provision against the provisions of the Turkish Commercial Code. there is no place for the application of the article in the concrete event.) since they are considered commercial business according to Article 584 of the Code of Obligations, which are considered a general provision against the provisions of the Turkish Commercial Code. there is no place for the application of the article in the concrete event.

In that case, while it is necessary to decide on the rejection of the complaint by the court, the provision of judgment on written grounds is inappropriate.

RESULT: Acceptance of the creditor’s appeal objections and annulment of the court’s decision for the reasons stated above in accordance with Article 366 of the EBL and Article 428 of the HUMK.LT: Acceptance of the creditor’s appeal objections and annulment of the court’s decision for the reasons stated above in accordance with Article 366 of the EBL and Article 428 of the HUMK. In accordance with the articles, it was d

 

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The fact that there is a ban on forced Decrees between spouses does not prevent them from filing lawsuits against each other.ThTThe fact that there is a ban on forced Decrees between spouses does The fact that there is a The fact that there is a ban on forced Decrees between spouses does not prevent them from filing lawsuits against each other.

T.C
Supreme Court 14th Civil Chamber

Case Number: 2003/8009
Judgment Number: 2004/895
Decision Date: 17.02.2004

At the end of the reasoning made by the plaintiff’s attorney on the petition filed on 17.2.2002 against the defendants and requesting the The fact that there is a ban on forced Decrees between spouses does not prevent them from filing lawsuits against each other.

T.C
Supreme Court 14th Civil Chamber

Case Number: 2003/8009
Judgment Number: 2004/895
Decision Date: 17.02.2004

At the end of the reasoning made by the plaintiff’s attorney on the petition filed on 17.2.2002 against the defendants and requesting the cancellation of the title deed and registration; at the end of the reasoning made by the Supreme Court on 16.4.2003, the decision to dismiss the case was requested by the plaintiff’s attorney to be examined on a trial basis by the Supreme Court (….) was considered necessary.

The lawsuit relates to the cancellation of the title deed and registration request based on the claim that the real estate subject to the lawsuit, acquired with joint earnings, was sold to a third party in collusion within the marriage union.

By the court, the marriage union continues, 244 of the Civil Codehe lawsuit relates to the cancellation of the title deed and registration request based on the claim that the real estate subject to the lawsuit, acquired with joint earnings, was sold to a third party in collusion within the marriage union.

By the court, the marriage union continues, 244 of the Civil Code. according to the article, it was decided to dismiss the case on the grounds that the regime of separation of shared property between spouses was not accepted, therefore the plaintiff did not have a Deciency for active hostility.

The verdict has been appealed by the plaintiff.

The immovable property subject to the lawsuit was acquired before the date of 1.1.2002, when the Civil Law No. 4721 entered into force, and the property separation regime continues in terms of the immovable property subject to the lawsuit.vable property subject to the lawsuit was acquired before the date of 1.1.2002, when the Civil Law No. 4721 entered into force, and the property separation regime continues in terms of the immovable property subjhe immovable property subject to the lawsuit was acquired before the date of 1.1.2002, when the Civil Law No. 4721 entered into force, and the property separation regime continues in terms of the immovable property subject to the lawsuit.

Article 165 of the Civil Code No. 743 states that; although there is a prohibition on enforcement between spouses, there is no regulation stating that they cannot file a lawsuit against each other due to legal relations. In the same way, there is no prohibition to file a lawsuit in the Civil Code numbered 4721.

For the stated reason, there are opportunities to file a lawsuit due to the legal savings that the spouses have made with each other, and while a decision should be made according to the result that will be formed after all the evidence has been collected by entering the basis of the work, it was not considered correct that a written judgment was established, it required overturning.For the stated reason, there are opportunior the stated reason, there are opportunities to file a lawsuit due to the legal savings that the spouses have made with each other, and while a decision should be made according to the result that will be formed after all the evidence has been collected by ente

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