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.

CERTIFICATE OF CRIMINAL REGISTRATION (CRIME REGISTRATION)

The system in which the penalties and security measures given to individuals are recorded depending on the finalized court decision is called the criminal record. In order for the sanction given to the person for a crime to be recorded in the criminal record, the court decision must be final. Decisions that are not finalized do not appear in the transcript of the criminal record document.

Which Information Is Processed in the Criminal Records?

1) Prison sentences

2) Deferred prison sentences

3) Judicial fines 4) Short-term prison sentences converted into option sanctions

5) Decisions on deprivation of certain rights

6) Conviction of a Turkish citizen from a foreign court that has been finalized

7) Decisions made by the court upon the request of the Public Prosecutor regarding the deprivation of rights in terms of Turkish law.

8) Decisions made due to withdrawal from the complaint or effective repentance, which nullifies the criminal conviction with all its consequences.

9) Decisions regarding the determination of the expiry of the penalty period

10) The law on general or special amnesty; Presidential decisions on special amnesty

11) Convictions and secondary penalties given in accordance with the Military Penal Code

Information Not Included in the Criminal Record Record

1) Administrative fines

2) Decisions on discipline or detention

3) Conviction provisions regarding disciplinary offenses and purely military offenses, Criminal Records are requested by many institutions in daily life. Applications for Driver’s License, scholarship applications, job applications, etc.

Where Can People Get Criminal Records Documents?

1) From the Office of the Chief Public Prosecutor, that is, from the Courthouses,

2) From the District Governorships,

3) From consulates abroad,

4) They can receive via e-government. You can obtain your Criminal Record Document by applying to the “Judicial Registry Directorate” in courthouses, District Governorates and embassies abroad, by applying with your ID only. Parents of those under the age of 18 can request this document.

In order to get the Judicial Registry Document via e-government, first of all, click on the “Verify My Identity Now” button on the link https://www.turkiye.gov.tr/adli-sicil-kaydi. You need to login to the system with your ID number and password. On the screen that appears after you log in to the system, “I have read the above information.” Select the option and click the “Continue” button. After you fill in the information in the Criminal Record Inquiry Form (type of institution requesting the criminal record document, why the document is issued, where it will be given) completely and correctly, you click on the “Inquire” button and you will reach your criminal record. However, the point to be noted here is that the relevant page is not printed directly. In order to print out the Criminal Record Document, first download the file to your computer by clicking the “Download File” option at the top right. You can print the downloaded file and deliver it to the relevant institution. The document received via e-government has a barcode on it for security purposes, the authorities of the institution receiving the document, the T.C. of the document owner. By entering the ID number and this barcode number on the document, it will be able to verify by viewing the original of the criminal record document. The validity period of the Judicial Registry Document obtained via e-Government is 6 months. You can use this document within 6 months, but some institutions may request that the criminal record document be up-to-date, that is, to be obtained at a later date.

WHAT IS ISTICVAP?
Isticvap is the questioning and hearing of the person who is the party of the lawsuit by the judge on matters that are against himself. Isticvap is of Arabic origin, derived from the word answer and means “interrogation” as a word. Legally, it is the questioning of the person who is the party of the lawsuit about a certain or a few facts.

In Article 169 of the Code of Civil Procedure, it is regulated that the judge can decide on the repentance of each of the parties spontaneously or upon request. The subject of the procedural action is about the facts that form the basis of the case and the issues related to these cases. It is an appeal process for the court to question a party to the case, on its own or upon request, on a matter that is against itself and forms the basis of the case. However, not every situation where the parties are questioned by the judge during the hearing is not isticvap. Certain conditions must be met in order to apply Isticvap.

The institution of Postponing the Announcement of the Judgment (HAGB) is regulated in Article 231 of the Criminal Procedure Code. If the sentence given to the accused as a result of the trial held in the criminal court is a prison sentence of two years or less or a judicial fine, a decision to Delay the Announcement of the Judgment (HAGB) may be given if other conditions specified in the law are met. If this institution is implemented, a five-year audit period is applied to the accused. During the probation period, the accused must not have committed an intentional crime. In addition, it is not possible to defer the announcement of the verdict about the accused again within this five-year inspection period. ,

In the case of HAGB, the judgment rendered by the court in a way is suspended and if the accused does not commit an intentional crime during the inspection period, the sentence is deemed to have been executed. If the accused does not commit an intentional crime during the inspection period and the determined measures are followed, the decision to defer the disclosure is abolished and the court decides to dismiss the case. In case of intentionally committing a new crime within the supervision period or acting in violation of the obligations regarding probation, the court announces the verdict. However, the court evaluated the situation of the accused who could not fulfill the obligations imposed on him; It may establish a new conviction by deciding that a part of the sentence to be determined up to half is not executed, or that the prison sentence in the sentence is suspended or converted to alternative sanctions if the conditions exist.

WHAT ARE THE CONDITIONS FOR WITHDRAWAL OF THE EXPLANATION OF THE PROVISION (HAGB)?
In order to make a decision to defer the announcement of the verdict;

The defendant must not have been previously convicted of an intentional crime.
Considering the personality traits of the accused, his attitudes and behaviors at the hearing, the court should be convinced that the accused will not commit a crime again.
The damage suffered by the victim or the public as a result of the commission of the crime must be remedied by way of restitution, restitution or compensation. If it is not possible for the accused to fulfill this condition immediately, it may be decided to pay the price in monthly installments within the audit period.
The application of the institution of postponing the announcement of the verdict by the accused must be accepted. This acceptance must be made by the accused himself. The consent made by the attorney is not valid.
TAGS: alanya, antalya, law, lawyer, mahmutlar

TO COURT WITH

To be sent

TO SİLİVRİ FAMILY COURT

Plaintiff: (If you are the plaintiff party, you should write your own information here.)

DEFENDANT: (You should write the information of the other party of the lawsuit in this part.)

SUBJECT: (In this section, you should briefly state the subject of your petition.)

DESCRIPTIONS:

(In this section, you should specify the issues you want to bring to the attention of the court and your demands in detail and mention your evidence, if any.)

LEGAL REASONS: (You must specify which legal legislation you base your petition on here)

LEGAL EVIDENCE: (In this section, you must provide the names and addresses of the witnesses you want to be heard during the trial, your evidence to prove the events you have explained in detail in the explanations section, the documents you want to be collected, and the documents you want to be heard.)

REQUEST AND CONCLUSION: (In this section, you should include information about your requests from the court)

Plaintiff Name Surname

Signature

WHAT IS THE REASONED DECISION?
The reasoned decision is that they explain the matters stated in the indictment, facts, evidence, demands, the defense of the accused, the complaints of the complainant, and justify the legal grounds on which they base their verdict at the end of the trial in the criminal courts. It is a detailed decision explaining that they are based on the reasons.

In practice, courts generally explain the referral clause of their decision in the last session, in the form of a short decision, in the minutes of the hearing. The reasoned decision, on the other hand, is notified to the relevant parties by writing within the time determined by law, provided that it is not contrary to the short decision.

According to Article 141/3 of the Constitution, all kinds of decisions of the courts must be written with justification. In the decisions of the Supreme Court, the reason is; It is defined as the explanation of the grounds of the judgment in accordance with reason, law and material event. The justification must be valid, legal and sufficient, showing that the information and documents in the file have been evaluated on the spot. Making a decision in this way without relying on a justification would not be suitable for the purpose of the legislator.

WHAT IS THE REASONABLE DECISION IN THE COURT OF COURT?
HMK m. According to 297, which fall under the jurisdiction of civil courts; Decisions made as a result of lawsuits involving private law disputes such as compensation, divorce, inheritance, and receivables must be written with reasons. According to the Supreme Court, the mandatory elements that should be written in the reasoned decision are as follows;

– Summary of the claims and defenses of the two parties,

• Agreed and disagreed matters,
• Evidence collected on contentious issues,

– Discussing the evidence,

– Reasons for rejection and superiority,

– The fixed facts and the conclusion drawn from them,

– The legal reason must be clearly demonstrated.

WHAT IS THE REASONABLE DECISION OF THE CRIMINAL COURT?
The elements that should be included in the reasoned decision of the conviction in the proceedings falling within the jurisdiction of the criminal courts are included in Article 230 of the CMK;

– Allegation and defense, on which they are based, and what evidence is gathered by the court,

Discussion and evaluation of evidence and evidence rejected or favored and accepted as evidence and its reasons,

– The act of the accused that is considered to constitute a crime, its legal elements and characterization, the applicable law,

• Whether there are legal reasons for abolishing the penalty, for reasons that aggravate or mitigate the penalty, and the reasons for determining the basic penalty by accepting or rejecting the related requests,

– The grounds for the postponement of the sentence, its conversion to one of the measures or the implementation of an additional security measure or the acceptance or rejection of the requests on these issues will be shown.

In addition, in the decisions taken as a result of the criminal case, it is necessary to clearly indicate whether there is an opportunity to apply to legal remedies and to seek compensation at the end of the judgment, and if so, the duration, form and authority of the application.

WHAT DOES THE JUSTIFIED DECISION MEAN?
The phrase reasoned decision has been written means that the case has been concluded and the decision given by the court has been prepared with justification. It is possible to see the reasoned decision written statement in your inquiry about your file on e-government. When you see this statement, you can understand that the case you are on trial has reached the conclusion and the decision has been made. After the reasoned decision is written, it will be notified to the parties and the application period to legal remedies will start from the notification of the reasoned decision.

WHEN IS THE REASONED DECISION WRITTEN?
When the reasoned decision will be written depends on which court the case falls under its jurisdiction. In cases heard in criminal courts, a reasoned decision must be prepared within 15 days from the date of the verdict. In cases falling under the jurisdiction of civil courts, the preparation period for the reasoned decision is one month. This period is also determined as one month in administrative and tax courts.

WHEN WILL THE REASONABLE DECISION BE FINAL?
The finalization of the reasoned decision occurs in two ways.

-First, if no legal action is taken against the reasoned decision within the period defined in the law, the decision becomes final.

-Secondly, if a legal action is taken against the reasoned decision and the higher-level courts that make appeals and appeals find the verdict in accordance with the law and approve it, the decision becomes final.