In the decisions made during the YTCK period, the Court of Cassation accepts that in cases where more than one result occurs with an act, there may be an intellectual community, and accepts that what should be understood from a single act is not a single result, but a single action. Although the bodily action constitutes a separate movement, the point that is meant to be expressed by the fact that the movement is single in the legal sense is that even if there are more than one movement in the natural sense, these movements are accepted as a single movement by forming a unity in the evaluation due to legal reasons. In intellectual congregation, the jurisprudence states that the singularity of an act or action does not mean the same in a natural sense, but in a LEGAL sense. Although we have used the title of singularity of verb-multiplicity of verbs since it is mentioned in the second paragraph of Article 43 and Article 44 of the TPC, that more than one crime is committed with one act, we should state that the purpose of the verb is movement and this title should be understood as unity of action-multiplicity of action. . Excluding the chain crime relationship
As, in order to be able to talk about an association relationship, the movement must be unique, and since there can be no talk of an association relationship if the movement is more than one in the real sense, first of all, what should be understood from the concept of the unity of movement, which is the most important starting point of the association, and at this point, it is assumed that the movement is unique, except in the real sense of unity. circumstances need to be explained separately.

As a rule, the Constitution of the Republic of Turkey and the European
The Convention on Human Rights and, in addition, Turkey’s
jointly guaranteed by the protocols to which it is a party.
public power of any of the fundamental rights and freedoms
Individuals who claim that they have been violated by
can apply.
The important thing is that the country to which you will make an individual application, the contract
its side.
Foreign nationals making individual applications
has the right. However, foreigners “only Turkish
on “the rights granted to its citizens” – for example, electing and
such as the right to be elected – individual applications cannot be made.
Public legal entities CANNOT make individual applications.
Private law legal entities (unions, associations, foundations, commercial partnerships, etc.)
only on the grounds that the rights of the legal entity have been violated
Individual applications are possible.

…….TO THE MR. JUDICIARY

                                                                                                                   …….

CLAIM:…….

ATTORNEY: …….

DEFENDANTS:…….

SUBJECT : Arrangement of Land Share

EXPLANATIONS : 1- Our client is the one of the most known buildings of the province ……………. It is the owner of the independent section no. building, ……. is at. In the deed too……. province,……. town, ……. neighborhood ……. Island ,……. Sheet, ……. It is registered in the parcel.

2- In the last general assembly of the business center, it was understood that the land shares of some independent sections were calculated incorrectly and were recorded in the land registry in this way. The independent section belonging to my client is one of the independent sections where this mistake was made.

3-We want the land share of our client to be corrected.

LEGAL REASONS: Law No. 634, HUMK and Related Legislation.

EVIDENCE: Management plan, land registry,

RESULT OF THE REQUEST: For the reasons explained ……. belonging to our client ……. We request that the mistake in the land share of the independent section no.

ATTORNEY’S ATTORNEY

AFTER APPLICATION TO THE EXECUTION FOLLOW-UP, THE PAYMENT ORDER IS NOTIFIED TO THE BORROWER AND AFTER THE EXPENSE OF LEGAL TIMES DEPENDING ON THE TYPE OF TRACKING, IT CAN BE PROCESSED. AFTER THE FOLLOWING FOLLOW-UP FOLLOWING THE DEBTOR, THE BAD LIABILITY CAN TRANSFER THE ASSETS THAT CAN BE LEASED ON THE LIABILITY TO ANOTHER, OR OTHERWISE CAN ACTION. FOR EXAMPLE, THE DEBTOR CAN SELL HIS REGISTERED HOME OR CAR, WITHDRAW MONEY FROM BANK ACCOUNTS, SELL SHARES ON THE STOCK EXCHANGE, AND TURN ITS VALUABLE AND SELLABLE movable properties into cash. IN ORDER TO PREVENT THE BORDER’S LOADING OF PROPERTY, IT IS REQUIRED TO MAKE AN INDIVIDUAL FOREIGN DECISION BEFORE STARTING THE EXECUTION FOLLOWING THE DEBTOR. Prudential foreclosure is generally, the borrower’s goods abduction is based on the creditor of the creditor for the possibility of the debtor in which the debtor is carried out in the case of avoiding the borrower with the avoidance of the borrower and the debtor itself in the case of avoiding the debtor itself, and the creditor is the creditor as a payment received as a payment.
IN ORDER TO MAKE A DECISION OF FOREIGN LIABILITY AGAINST THE DEBTOR, FIRST, THE RECEIPT SHOULD NOT BE GUARANTEED BY LAWSUIT. FOR EXAMPLE, A BANK BORDER FAILS TO PAY THE DEBT OF A HOUSE SOLD BY LEGAL OR WHO FAILS TO PAY THE DEBT OF A CAR LOADED ON OR LIABLE
NO LIABILITY DECISION CAN BE TAKEN AGAINST THE DEBTOR. THE SECOND CONDITION FOR CLAIMING A REQUIRED LIEN IS THE MATURITY OF THE RECEIPT. IF THE CREDIT IS NOT PERMITTED, NO LIABILITY IS REQUESTED.
LIABILITY IS REQUESTED BY APPLICATION TO BE GIVEN TO THE LAW OF FIRST INSTANCE OR COMMERCIAL COURT OF FIRST INSTANCE. THIS PATTERN IS EXAMINED ON THE FILE WITHOUT THE NEED TO HEAR A HEARING, AND IT IS DECIDED ON THE EXISTENCE OF THE CONDITIONS. THE DECISION OF IMMEDIATE LIEN IS BOUND BY THE GUARANTEE CONDITION. GUARANTEE IS THE BLOCKING OF TEN OR FIFTEEN PERCENT OF THE RECEIVABLE TO THE COURT CARD OR THE PRESENTING A BANK LETTER OF GUARANTEE. THE PURPOSE OF THE GUARANTEE IS TO ENSURE THE REMEDY OF THE DEBTOR’S VICTORY BY APPLICABLE TO UNFORGETTABLE LIABILITY. AFTER FOLLOWING IS FINALIZED, THE GUARANTEE CAN BE RETURNED AFTER APPLICATION TO THE COURT.
In general, it can be applied to the borrower, which is generally borrower in the executive, and the debtor can be applied to the borrower, and the borrower’s goods assets can be applied to the borrower to the debtor in order to implement the borrower to the debtor or claimed to the desired addresses.
It should also be noted that; EVERY CREDIT CANNOT BE REQUESTED FOR LIABILITY. DOCUMENTS (CHECK, DECLARATION, BOND, ETC.) AND IT MUST BE BASED ON THE APPLICATION.
FOREIGN OPERATIONS MADE WITH RESPONSIBILITY, EXECUTIVE BANKRUPTCY LAW ACCORDING TO ARTICLE 261, THE DECISION OF FOREWORD LIABILITY IS RESTORED BY THE AUTHORIZED EXECUTIVE DIRECTORATE (IN THE JURISDICTION OF THE COURT) WITHIN 10 DAYS FROM THE DATE GIVEN.
THE DECISION MUST BE REQUESTED. OTHERWISE, THE DECISION OF FOREIGN LIABILITY IS VOID. IF THE SALE OF THE SEALED MECHANICAL GOODS IS NOT REQUESTED WITHIN 6 MONTHS OR THE SALE OF THE FORECASTED PROPERTY IS NOT DEMANDED WITHIN 1 YEAR, THE LIABILITY WILL BE AVOIDED.
ON THE OTHER PARTY, IN ACCORDANCE WITH ARTICLE 264/2 OF THE EXECUTIVE BANKRUPTCY LAW, IF THE DEBT OBJECTS TO THE PAYMENT ORDER AFTER THE LIABILITY, THIS OBJECTION IS IMMEDIATELY DELIVERED TO THE CREDITOR OR ATTORNEY’S ATTORNEY. THE CREDITOR OR THE ATTORNEY SHOULD ASK THE OBJECTION TO BE REMOVED TO THE EXAMINATION AUTHORITY WITHIN 7 DAYS. OTHERWISE, IN ACCORDANCE WITH ARTICLE 264/4 OF THE EXECUTIVE BANKRUPTCY LAW, THE LIABILITY IS VOID.

EVERY FUNDAMENTAL RIGHT HAS AN ESSENCE. TOUCHING THE ESSENCE OF A RIGHT MEANS THAT THE REASON FOR ITS EXISTENCE IS REMOVED AND LEAVED IT UNSAFE. WHEN A RIGHT IS LIMITED, IF THAT RIGHT IS NEVER EXERCISE, IT MEANS THE ESSENCE OF THE RIGHT HAS BEEN IMPLIED.
FOR EXAMPLE, IF A STUDENT EXCLUDED DUE TO COPYING IN THE EXAM IS NOT GIVEN THE RIGHT TO ATTEND HIGHER EDUCATION AGAIN, IT IS A LIMITATION AT THE ESSENCE OF THE RIGHT TO HIGHER EDUCATION. HOWEVER, IF THE STUDENT WHO HAS BEEN REMOVED FOR A WEEK, SEMESTER AND YEAR CAN CONTINUE WITH THEIR EDUCATION AGAIN, THIS PENALTY DOES NOT AFFECT THE ESSENTIAL RIGHT TO HIGHER EDUCATION.

The dealer and the supplier are responsible for all damages that may arise due to the accidental filling of a vehicle with gasoline instead of diesel fuel. Because in this case, which is described as a defective service, not knowing that the service provided is defective does not remove this responsibility. You can review the sample Supreme Court Decision.

Law office

Base Number : 2020/3188

Decision Number: 2020/4776

“Justice Text”

COURT: CONSUMER COURT

At the end of the trial of the lawsuit between the parties, the judgment given for the partial acceptance and partial rejection of the lawsuit due to the reasons stated in the verdict, without a hearing by the plaintiff’s lawyer, the defendant … San.ve Tic. Inc. Upon the appeal by his lawyer with a hearing, a summons was sent to the relevant parties. On a certain day, no one came from the defendant or the plaintiff who appealed. The other defendant … Ofisi A.Ş. The hearing started with the arrival of the deputy lawyer … and after hearing the verbal statements of the attendant, the decision was left for another day. This time, it was determined that the appeal petition was on time, and the file was examined, and the necessity was discussed and considered.

DECISION

The plaintiff claimed that from the defendants … Petrol Sanayi ve Ticaret A.Ş. received fuel to his vehicle with the plate number … from the fuel station, but the pump attendant discharged gasoline instead of diesel fuel to the vehicle, thus causing a malfunction in the vehicle, upon his application to the defendant company … The defendant in the case, which was merged for the repair of the vehicle by the administrators … Automotive San. Trade Ltd. Sti. In the main case, by reserving their rights regarding the surplus, claiming that the vehicle was taken to the service center, only the fuel filter was changed and the gasoline in the tank was cleaned, but the vehicle malfunctioned again the following day, and that the vehicle was damaged as a result of the defendants’ fault; 15,000,00 TL for the cost of the damaged parts, 600,00 TL for the repair and labor costs of the damaged parts, 1,000,00 TL for the depreciation of the vehicle, 150,00 TL as the towing expense, 3,540,00 TL for the car rental fee, distribution and collection of the vehicle requested a decision to collect from the defendants a total of 23.567.00 TL, of which 2.800.00 TL for the expenses paid to the service and 477.00 TL for the determination costs and expenses; in the combined action, by repeating the case asserted in the original lawsuit, a request is made numerically and without including a demand result in the petition.
without showing the amount … Automotive San. Trade Ltd. Şti. as the defendant and demanded that the case opened with the original file be combined; With the correction petition dated 30.03.2016, after stating that they increased the repair and labor cost of the damaged parts demanded as 600.00 TL, the cost of the damaged part requested as 15,000,00 TL, and the improvement requests were accepted. with; In line with the other claims stated in the lawsuit petition and the improvement petition, it requested a decision to collect the damaged parts, repair and labor costs of 27.256.00 TL, together with the interest.
The defendants requested that the case be dismissed.
As a result of the trial made by the court in accordance with the decision of reversal, in the main case; the defendant … St. ve Tic. Inc. to the partial acceptance of the lawsuit brought against him, 15.600.00 TL of the 27.256.00 TL receivable as damaged parts and labor costs, starting from the date of the lawsuit and 11,656.00 TL together with the legal interest, starting from the date of correction, 30.03.2016, from the named defendant to the plaintiff. The defendant … San. and Tic. A.Ş. to be given to the plaintiff, rejection of the request for the surplus, … Ofisi A.Ş. Rejection of the lawsuit filed against, in the combined lawsuit; the dismissal of the case was decided; the judgment is between the plaintiff and the defendants who are the defendants in the main lawsuit… Petrol Sanayi ve Ticaret A.Ş. appealed by.
1-According to the articles in the file, the evidence on which the decision is based, legally compelling reasons, and especially if there is no inaccuracy in the evaluation of the evidence, all of the defendant’s objections and the plaintiff’s other appeals that are outside the scope of the paragraph below should be rejected.
2-The plaintiff requested compensation for the damages incurred by the employees of the fuel station belonging to the defendant … Industry and Trade Inc., by putting the wrong fuel in his vehicle. The court, in the main case, the defendant … Sanayi ve Ticaret A.Ş. It was decided that the case be partially accepted in terms of the other defendant …Ofisi A.Ş. It was decided to reject the case on the grounds that there was no fault in the occurrence of the damage. First of all, it should be noted that in the concrete case, one of the defendants … The fuel station operated by Petrol Sanayi ve Ticaret A.Ş. is the dealer of the other defendant … Ofisi A.Ş. There is no dispute between the parties regarding the vehicle’s malfunction. Dispute, given by the dealer

It is collected at the point of whether the provider has several liability due to the service.
In the third paragraph of Article 4/A of the Law No. 4077, which was in force at the date of the damage, it is stated that; “The supplier, dealer, agency and the creditor according to the fifth paragraph of Article 10, from the defective service and all kinds of damages caused by the defective service and the consumer’s optional rights in this article. are jointly and severally liable. Not knowing that the service provided is defective does not remove this responsibility.
According to Article 3 of the aforementioned Law titled “Definitions”;
“In the implementation of this Law,
d) Service: Any activity other than providing goods for a fee or benefit,
g) Provider: Refers to natural or legal persons that provide services to consumers within the scope of their commercial or professional activities, including public legal entities. has a provision.
In a concrete dispute, it is not possible to give defective goods to the plaintiff, however; Pursuant to the first paragraph of Article 4/A of the aforementioned Law; “…Material, legal, material or legal matters that are contrary to the quantity affecting the quality or quality determined in the advertisements and announcements notified by the supplier or in the standard or technical rule, or that reduce or eliminate its value in terms of the purpose of benefiting or the benefits expected by the consumer from it. or services that contain economic deficiencies are considered defective services. According to this; In the incident that took place in the form of gasoline instead of diesel oil by the employee of the defendant … Sanayi ve Ticaret A.Ş. to the plaintiff’s vehicle, there was a dispute about … Petrol Sanayi ve Ticaret A.Ş. selling and rendering services as the dealer of the other defendant … Office. There is a defective service in accordance with the first paragraph of Article 4/A of the aforementioned Law, since there is a service that contains material deficiencies that eliminate the benefits expected by the consumer in terms of the purpose of benefit determined in the advertisements and advertisements reported by the provider.
In accordance with the third paragraph of article 4/A, the supplier and the dealer are jointly responsible for the defective service and all kinds of damages caused by the defective service and the consumer’s optional rights in this article. Moreover, the fact that the service provided is not known to be defective does not remove this responsibility (H.G.K.’s decision dated 19.09.2012 and numbered 2012/13-153 E., 2012/598 K.). Ignoring this issue explained by the court, the dismissal of the case on the grounds that the defendant’s … Office did not have any fault in causing the damage is against the procedure and the law, and requires reversal.
CONCLUSION: All the objections of the defendant, who appealed the decision for the reasons explained in paragraph (1) above, and all other appeals of the plaintiff that are not within the scope of the second paragraph, that the appealed judgment is quashed for the benefit of the plaintiff for the reasons explained in paragraph (2), and that the appeal fee paid in advance is returned to the appellants upon request. With reference to the temporary article 3 of the HMK numbered 6100, it was unanimously decided on 24/09/2020, with the possibility of rectification within 15 days from the notification of the decision, pursuant to the 440th article of the HUMK numbered 1086.

DOCUMENT IN THE QUALITY OF WARRANTY
Civil court writs
Administrative court writs of full jurisdiction Admissions made before the court
Arbitrator’s decisions Appeal and appeal bails
Writs of the Court of Accounts Notary public papers in the form of regulations containing an unconditional unilateral acknowledgment of money debt
Enforced foreign court decisions Bails in the enforcement office
Consumer arbitration committee decisions
Decisions of Bar Associations and Notaries Union regarding unpaid dues and expenses
Reconciliation document on conciliation crimes
Agreement document signed at the end of the mediation activity, annotated by the court regarding its enforceability
Mortgage contracting statement with an unconditional acknowledgment of money debt
According to the Attorneyship Law, the reconciliation report made in the presence of the lawyers of both parties and bearing their signatures.

Self-defense State of obligation
The unjust attack must be of human origin only. It must be a serious and certain danger.
There can be no self-defense against self-defense. The perpetrator must not knowingly cause the danger.
The perpetrator’s liability for compensation is eliminated. Serious and imminent danger; It can be caused by human movements, animal attacks or natural events.
If the perpetrator himself causes an unjust attack, he can benefit from self-defense. The perpetrator should not have an obligation to face the danger (the police cannot leave the rally area and flee)
The unfair attack must continue. A person who is faced with a serious and certain danger cannot be punished for the damage he caused to a third person or his property.
What happened, its realization or its repetition must be an unjust attack. A person who is faced with a serious and certain danger can take advantage of this right to protect himself or a third party.
There should be a ratio between the attack and the damage in defense. There must be a ratio between the serious and absolute danger and the damage to the right of others.
The perpetrator need not be imputable or punishable for the act to be deemed wrong. The protected right must be equal to or superior to the sacrificed right.
Unjust attack can be execution or negligence, so self-defense is possible against negligence and executive attacks. Responsibility for compensation of the perpetrator is reserved.
In order for the perpetrator to benefit from self-defense, the wrongful act constitutes a crime.

………. CIVIL COURT OF MAGIC
TO ……………….

FILE NUMBER :
REPLYING TO THE ANSWER:
TR NUMBER
ATTORNEY: Atty…
Bar Association Registry No – TR No:

OPPONENT PARTY (DEFENSE):
TR NUMBER

SUBJECT : Our Duppet Petition.

DESCRIPTIONS :

1- We repeat our initial objections and answers that we have previously submitted to your court regarding the lawsuit filed by the plaintiff.

2- By the way, the matters stated below in the Reply to Answer petition by the plaintiff are new matters that were not mentioned in any way in the petition. These should be considered as part of the extension of the case. We do not accept these statements of the plaintiff. We request the court to evaluate the case within the scope of extension. These are:

a)

b)

c)

D)

3- The answers given by the plaintiff regarding our statute of limitations objection are also not satisfactory. The law is clear. The statute of limitations has expired.

RESULT OF REQUEST: For the reasons explained above, the case is dismissed due to the statute of limitations, otherwise the court

In our opinion, the acceptance of our other objections stated in our petitions to respond to the lawsuit and respond to the plaintiff’s replies.

We respectfully request that the case be dismissed by proxy.

ATTORNEY’S ATTORNEY
Hunting……………………

IMPLIED PROPERTY AND RIGHTS
It is one of the main issues that people wonder about foreclosure transactions.
It is clearly stated in the relevant articles of the Enforcement and Bankruptcy Law which goods cannot be seized.
stated. Apart from this, all kinds of goods that are of material value can be seized.
Mandatory utensils of the person cannot be seized. To unpack this a little,
These are the things they need to survive. In other words, the white goods in the kitchen are not among them, they can be confiscated. In fact, the main goods in foreclosures made from houses are these white goods. Likewise, it is also possible to seize all goods of economic value such as sofa sets, TVs, stereos, satellite receivers, DVD players, carpets, vacuum cleaners from houses.
In addition, a person’s home suitable for his condition cannot be seized. However, various conditions here
can make it possible, as it is seen that it is foreclosed in practice.
As for the seizable goods, it is stated below that they cannot be sequestrated.
Except for the specified goods and rights, any property of value can be seized.
The most interesting of these are the watch, gold, etc. on the arm of the person. valuable metals such as imprint, jewelry, jewellery, locked safe of the person and valuable documents (such as checks and promissory notes), crops in the field, mobile phone of the person, naming rights of a brand, solar energy of a house, large and small cattle, other animals of material value. There are liens with examples of which it is possible to reproduce, it is possible.
The relevant article of the law in question;
The previous version of the law numbered 2004,
PROPERTY AND RIGHTS THAT ARE NOT LEASED:
Article 82- (Amended article: 18/02/1965- 538/46 Art.)
The following items cannot be seized:

1. State property and property that is shown not to be seizable in special laws,
2. The debtor and his family, with the clothes and belongings necessary for the debtor’s person and profession,
   bedding and books and articles for worship,
3. Indispensable kitchen set and very necessary household goods,
4. The debtor farmer is the land and farm animals necessary for his and his family’s livelihood, and
   transport vehicles and other attachments and agricultural implements; if not, what is necessary for art and professional
   tools and equipment and books and the livelihood of small transporters such as coachmen, boatmen, porters.
   means of transport,
5. If necessary for the administration of the debtor and his family, a milking buffalo or cow or three goats or sheep of the debtor’s choice and their quarterly feed and bedding,
6. Two months’ worth of food and fuel for the debtor and his family, and the future crop if the debtor farmer
   seeds needed for
7. If the debtor is a vineyard, garden or fruit or vegetable grower, his and his family’s livelihood
   Vineyard and garden essential for this art and tools and equipment necessary for this art,
   For the subsistence of the debtor himself and his family, whose livelihood is devoted to raising animals
   the necessary amount and the three-month feed and bedding of these animals,
8. Earns with life the record, which was established not to be seized pursuant to Article 510 of the Code of Obligations,
9. Pensions paid to the disabled in the army and police services of the country, salaries paid to their families due to the performance of one of these services, flight and diving compensations and bonuses given to the air and submarine members of the army, Promotion increase given to the orphans of martyrs and martyrs with military disabilities, and according to the law no. 1485
   monopoly shares granted according to
10. In cases such as illness, necessity and death by an aid fund or society
    paid salaries,
11. As compensation for the damage to the body or health,
    or the money given or to be given to his family in the form of a lump sum or annuity,
12. House suitable for the debtor’s condition (However, if the value of the house is high,
    The amount that can be bought a place is sold by sequestration to be left to the debtor.)
    The provision of Article 807 of the Civil Code is reserved. in clauses 2, 3, 4, 5, 7 and 12
    The exception is only if the debt does not arise from the price of this item.
    Thursday, JULY 5, 2012 Official Gazette Number: 28344
    The final version of the law that came with the amendment numbered 6352 dated 02.07.2012
    Subparagraphs (2), (3) and (12) of the first paragraph of Article 82 of the Law No. 2004
    It has been amended as follows, the paragraph with the following subparagraph (13) and the article below:
    paragraphs have been added.
    “2nd. All kinds of goods necessary for the debtor whose economic activity is based on his physical work rather than his capital to continue his profession,
13. Necessary items for the debtor and family members living under the same roof, excluding valuables such as money, valuable papers, gold, silver, precious stones, antiques or ornaments; If there is more than one item used for the same purpose, one of them”
    “12. A suitable house for the debtor’s condition,”
    “13. Student scholarships.”
    “The value of the goods listed in subparagraphs (2), (4), (7) and (12) of the first paragraph is excessive.
    In the event of such a situation, an appropriate portion of the price is paid to the debtor in order to meet his needs.

Sold by foreclosure.
The bailiff evaluates whether the seizure of the property or rights for which the seizure is requested is permissible and decides whether to accept or reject the request.