The Tenant Must Make A Deposit

If a guarantee (deposit) debt has been imposed on the tenant in the lease agreement, the amount of the guarantee should not exceed the 3-month rental price. The assurance may be agreed upon in the form of money or negotiable instruments. If it was issued as money, then this money must be considered in a term deposit account. If it was issued as a negotiable instrument, then this negotiable instrument must be stored in a bank. The tenant makes the transactions of depositing the money into the term account or storing the valuable documents in the bank. However, the amount of security deposited or stored may be refunded with the consent of both parties, upon the completion of the enforcement proceedings by the lessor, or on the basis of a court decision.

Assurance fee is deposited to the bank, within three months following termination of the lease agreement lessor of the lease against the tenant with a lawsuit or engaged in pursuit or execution through bankruptcy, in writing, at the request of the tenant is obliged to provide back guarantee if you fail to notify you.

Juvenile Proceedings Under The Age Of 18

185 of the Criminal Procedure Code No. 5271 in the trial of a child who has been dragged into a crime under the age of 18. in accordance with the provision of article 21.6.2012, when the hearings should be closed and the provision should be reviewed in a closed hearing, there was no reason for the violation, since it was not possible to correct and repeat the session to be held open instead of closed (Supreme Court 13. Criminal Department – Decision No.2014/28291).

Repeated Provisions on the Deaf and Dumb

33/1 of the Turkish Criminal Code No. 5237 about the fact that the defendant, who is deaf and dumb, has not yet turned 21 years of age at the time of committing the crime subject to his conviction, which is based on repetition. article 31/3 of the same law. article 58/5 of the said Law has been applied. in the face of the fact that it is stated that the provisions of repetition cannot be applied for the crimes committed by persons under the age of 18 in the article; it is against the law not to observe that a conviction for a crime committed while the defendant is in the same position as minors who are not under the age of 18 cannot be based on a repetition of the decision (penal department no.22 of the supreme court -Decision: 2015/7139).

An Arrest Warrant for Children

Arrest, protection of evidence, prevention of escape of the suspect or accused, etc. it is a protection measure that is applied temporarily for reasons such as. An arrest warrant may also be issued for a child who has been dragged into a crime if the conditions of arrest are met. However, in practice, taking into account the age of the minor, an arrest decision should not be made for crimes that fall outside the remit of the juvenile criminal court.

Prohibition of arrest means that the child who is dragged into a crime, regardless of the nature of the crime or the circumstances, cannot be arrested in any way by the court. an arrest decision cannot be made for children who have not reached the age of 15 for their actions that require a prison sentence that does not exceed the upper limit of five years (Article 21 of the Child Protection Law.)

Criminal License of Children Under 12 Years Old

Children under the age of 12 have absolutely no criminal license and responsibility. There is no need to take a report or undergo an examination to determine the criminal responsibility of children younger than this age. Therefore, children under the age of 12 who are considered to be absolutely incapable of defect cannot be prosecuted if they commit a crime. If these children do not have criminal responsibility, the “child-specific security measures” that we explain in the title below may be applied to them (Article 31/1 of the Turkish Criminal Code)

Determination Of Punishment İn Voluntary Renunciation

In case of voluntary renunciation, the perpetrator cannot be punished for the attempt, although the actions of the perpetrator related to the crime he is committing remain at the stage of the attempt. However, the perpetrator is punished for this crime if his actions, which continue until the moment he voluntarily gives up, constitute another crime for the crime he has committed.

Negotiated Divorce Terms

The marriage union between the spouses must have lasted at least dec year.
Spouses must either apply to the court together for a divorce, or the divorce case filed by one party must be accepted by the other spouse.
It should be concluded that the spouses, when they are heard by the judge, make a statement of free will.
The agreed divorce protocol that the spouses will accept must be found appropriate by the judge.

WHAT IS MOBBING (PSYCHOLOGICAL HARASSMENT)

mobbing; In the literature, psychological violence means oppression, intimidation, inconvenience, harassment. Mobbing (psychological harassment) can be defined as the long-term and systematic pressure applied by the person or group holding the power to people or groups who are not in the same direction as themselves, especially in hierarchical structures where control is weak. The main purpose of mobbing is to intimidate the person as a result of the pressure and to make him quit the job.

In order for a behavior to be considered as mobbing (psychological harassment), it must have certain characteristics. First of all, the behavior should serve the purpose of removing the victim from work and pacifying them. Behaviors need to be done systematically to remove the victim from work. It must also manifest itself in the form of malicious and hostile attitudes, inequality of power and repetitive constant pressure. Mobbing can be from superior to subordinate, from subordinate to superior, that is, from employee to employer.

The following behaviors can be shown as examples of behaviors that will be considered as mobbing, that is, psychological violence in the workplace:

  • Overburdening the person with the workload required by his/her job, overburdening him/her with jobs that he/she cannot handle,
  • Gossip about the person,
  • Making fun of a person’s disability, appearance, religious belief, private life,
  • Exclusion of the person due to his political opinion,
  • Threatening violence to the person,
  • Loud scolding of the person in public and preventing other people from communicating with the person,
  • Keeping the person’s commuting and commute times under constant observation and constantly emphasizing this in the slightest case,
  • Exclusion of the person at meals, being forced to work in a room separated from others,
  • Giving a nickname to the person,

-Trying to break the motivation of the person,

  • Sexual harassment of the person,

-Constantly changing the person’s job, causing damage to his home or workplace.

The above listed are just examples and may be reproduced. Mobbing, that is, psychological harassment, should be evaluated according to each concrete event and the conditions of the workplace. However, the most important point to be considered about mobbing is that once the above-mentioned or similar behaviors are experienced, it will not be enough for mobbing. The behavior that may cause mobbing should be done in a systematic way in order to ensure that the person quits the job.

The effects of mobbing on the person are quite large and wearisome. Examples of the effects of mobbing are the damage to one’s professional sense of self, the loss of self-confidence, the natural feeling of fear, anger, and restlessness, and the health problems that may lead to depression, panic attacks and even heart attacks.

In order to prevent mobbing (psychological harassment), it is possible to carry out some studies in the workplace. Some of these studies are to identify the problems in the workplace in a timely manner, to appreciate the success of the employees, to investigate and decide the complaint in a fair and impartial manner, and to organize the work environment in accordance with the needs of the people.

In cases where mobbing, that is, psychological, is encountered, first of all, the problem should be tried to be solved by communicating. The person perpetrating the mobbing should be told that he/she should end this situation, that this is a kind of harassment, and that he/she should stop such behavior in the presence of a witness if possible. This situation is also extremely important in terms of proving mobbing, that is, psychological violence in the message.

The situation should be reported to the authorities of the institution.

In addition, psychological help can be obtained to help the person in the situation. This can also serve as evidence to managers in the workplace.

The use of mobbing, that is, psychological violence in a workplace, gives every employer and employee the right to terminate the employment contract with just cause. If the employee is exposed to psychological violence at the workplace, a warning should be sent to the employer stating that he has been exposed to mobbing and that the employment contract has been terminated immediately for just cause. If mobbing is proven, there is also the right to compensation against the workers and employers working in the workplace. In addition, individuals have the right to claim compensation for discrimination under certain conditions.

Sharing in Dissolution of Partnership

Sharing is carried out in the form of dividing the property exactly or selling it by bargaining or auctioning and dividing the price.

If there is no agreement in the form of sharing, upon the request of one of the stakeholders, the judge decides to divide the property in the same way, and if the values of the divided parts do not coincide with each other, the missing value is added to the piece and the judge decides to provide an equalization.

If the division request is not found suitable for the situation and conditions, and especially if it is not possible to divide the shared property without a significant loss of value, the sale shall be made by auction. The decision to make the sale by auction among the stakeholders is subject to the consent of all stakeholders.