Statute Of Limitations

The claim for compensation expires after two years, starting from the date of receipt of the damage and the liability for compensation by the injured person, and in any case after ten years, starting from the date of the commission of the act. However, if the compensation was born from an act requiring punishment, for which the criminal code provides for a longer statute of limitations, this statute of limitations applies. If a debt has arisen from a person who has been harmed due to a tort, the person who has been harmed can always avoid paying that debt, even if the claim for compensation arising from a tort has expired.(Article 27 of the Turkish Code of Obligations)

Preventive Detention Punishment

For the execution of such a decision, the court decision must be finalized. As a result of not applying for the legal remedies within the time limit or consuming the legal remedies, the decision becomes final.

For the execution of the decision is sent to the District Police Department, which has the address of the person of interest written in the decision. In this way, as a result of the introduction of a person by law enforcement agencies, the execution of a suspended sentence is ensured.

Punishment For Drunk Driving

A person who transports and handles land, sea, air or rail vehicles in a way that may be dangerous to the life, health or property of persons is punished with a prison sentence of three months to two years.

A person who drives a vehicle, despite the fact that he is unable to safely transport and manage the vehicle under the influence of alcohol or narcotic substances or for some other reason, is punished in accordance with the provision of the above paragraph.

the criminal process will begin for the driver who has exceeded the 1.00 promil alcohol limit, as well as an administrative fine and a sanction for confiscation of a driver’s license will also be applied.(article 179 of the Turkish Penal Code)

Punishment For The Crime Of Committing A Crime

The punishment provided for for the offense of committing a crime is imprisonment for a maximum of 2 years. In addition to imprisonment, a fine is not provided for. In other words, when this occurs, only a maximum sentence of 2 years in prison can be imposed.

Anyone who informs the competent authorities that, contrary to the truth, he has committed the crime or participated in the crime is given a prison sentence of up to two years. If this crime is committed in order to save the parent, child, spouse or brother from punishment; three-quarters of the punishment given can be reduced or completely removed.(Article 270/1 of the Turkish Penal Code)

Severance Pay

An employee who has worked at an enterprise for a minimum of one year has the right to severance pay. The employee must receive severance pay in cases where he was dismissed without his own fault or terminated his employment contract for justified reasons. A worker dismissed without compensation must file a lawsuit and claim severance pay within the 5-year statute of limitations. However, since the severance pay will expire after 5 years, it can no longer be considered among the rights of the decommissioned employee.

Consent And Age Of The Minor

It is mandatory that the adoptee is at least eighteen years younger than the adoptee.

The minor, who has the power to distinguish, cannot be adopted unless he has his consent.

The minor under guardianship can be adopted with the permission of the guardianship offices, regardless of whether he has the power of discernment or not.

( Article 308 of the Turkish Civil Code.)

Timeout for Crimes

Supreme Court of the Republic of Turkey

  1. Criminal Chamber
    Basis: 2015/10838
    Decision: 2016/6627
    Decision Date: 22.06.2016

THE CRIME OF DAMAGE TO PUBLIC PROPERTY – WHERE THE LIMITATION OF PRIMARY ACTION OF SIX YEARS IS REALIZED BY THE AMOUNT OF THE PENALTY REQUESTED BY THE CRIME – OVERRIDE OF THE PUBLIC ACTION

SUMMARY: Since it was understood that the six-year statute of limitations for the original lawsuit, in terms of the amount and type of the penalty imposed on the child driven to crime, was realized from the date of the crime to the date of the decision, it was decided that the civil lawsuit filed was dismissed due to the statute of limitations.

Case and Decision: Provisions regarding the conviction of the juvenile delinquent on charges of insulting, resisting the public official’s duty, and damaging public property, were appealed by the juvenile’s lawyer, and the case was reviewed and necessary was considered,

1- In the appeal examination regarding the decisions given for insulting and resisting the public official to not perform his duty;

231/12 of the same law against the decision regarding the “adjournment of the announcement of the verdict” given according to the article 231 of the CMK numbered 5271 and which does not conclusive the case. Pursuant to the article, upon the objection filed by the defense counsel of the juvenile delinquent, with the petition dated 11.07.2013, against the decision regarding the adjournment of the announcement of the verdict given on 04/07/2013 regarding the juvenile delinquent, that there is no possibility of appeal but there is no possibility of appeal, ….. Heavy Penalty As it has been understood that the decision rendered by the refusal decision as a result of the examination made by the Court has become final, the appeal request of the juvenile counselor, who has been dragged into crime, is subject to Article 8/1 of the Law No. 5320. Rejection pursuant to Article 317 of the Criminal Procedure Code No. 1412, which should be implemented in accordance with Article

2- In the examination of the appeal regarding the verdict given for the crime of damaging the public property;

Conclusion: As of the date of the crime, the child who has completed the age of 12 but has not completed the age of 15, is subject to the amount and type of the punishment imposed on the child who has been dragged into crime. 6-year statute of limitations for primary action calculated according to Articles 2 and 67/4; understood to have occurred from the date of the crime to the date of the decision; 8/1 of the Law No. 5320. Criminal Procedure Code No. 5271, 223/8 due to the statute of limitations of the public action brought for the crime of damaging public property based on the authority given by the article 322 of the same law, as this issue does not require a retrial. . It was unanimously decided on 22.06.2016 to fall in accordance with the article.

Determination Of The Necessity Of Putting An Old Age Pension

TO THE LABOR COURT JUDGE

Plaintiff:

TURKISH IDENTITY NUMBER :

ADDRESS :

ATTORNEY:

(Legal representatives of the parties, if any)

ADDRESS :

(Legal representatives of the parties, if any)

DEFENDANT:

ADDRESS :

SUBJECT : Regarding our client’s insurance premium debts .. Execution Office ……. It is related to the cancellation of the payment orders issued with the file no.

DESCRIPTIONS :

1-) Our client has worked as an employee in the company … between … insurance registration number …/…/… and …/…/…. (ANNEX 1)

2-) Plaintiff’s …-…. The premium debt of the insurance subject to the Law No. 1479 for this period was put into enforcement proceedings by the Social Security Institution with the file numbered ….. of the … Execution Office. (ANNEX-2)

3-) Since the statute of limitations for premiums between …- … years has elapsed, the premium debt requested from our client for this period must be cancelled.

4-) In addition to our explanations above, due to the fact that the insurance periods of our client within the scope of the Law No. 506 are sufficient alone, our client should be granted an old-age pension in accordance with the Law No. 506.

4-) Our client’s ….-…. Due to the insurance premium debts of the … Execution Office …. With the cancellation of the follow-up No. 506, it became obligatory to file this lawsuit since it was decided that the plaintiff was insured under the Law No.

LEGAL REASONS :

LEGAL EVIDENCE:

1-) Workplace and Insurance File of our client.

2-) ….. Follow-up File of the Enforcement Office No. …

3-) Expert Review

CONCLUSION AND REQUEST: For the reasons explained, the … Execution Office …. In the period coinciding with the annulment of the enforcement proceedings No. 506, we request, by proxy, that it be determined that he is insured under the Law No. 506 and that he is entitled to an old-age pension under the Law No. 506, since the SSK service alone is sufficient for retirement.

APPENDIX: 1-) Workplace and Insurance File

                   2-)….. Follow-up File of the Enforcement Office No.

                   3-) One copy of approved power of attorney

Plaintiff’s Attorney
Lawyer

Deed Cancellation and Registration

TO THE COURT OF COURT

Plaintiff:

TURKISH IDENTITY NUMBER :

ADDRESS :

ATTORNEY:

(Legal representatives of the parties, if any)

ADDRESS :

(Legal representatives of the parties, if any)

DEFENDANT:

SUBJECT : It is about the cancellation of the title deed and our registration request.

CASE VALUE:

(in cases related to assets)

DESCRIPTIONS :

1-) … province, … town, … village/neighborhood, … map section, … island, … plot registered as a field (ANNEX-1), during the cadastral works carried out on …/…/… dated …/…/… , … have been determined on behalf of the defendant/defendant by applying the title deed registration (ANNEX-2). Detection report was finalized on …/ …/ ….

2-) The relevant immovable property is in the possession of our client’s grandfather, first of all, then of his father, and finally of our client, for a period of about … was cut. During all this period, the defendant/defendant and/or his descendants did not have any possession of the immovable property in question.

3-) Inheritance writs (Annex-3) revealing the hereditary relationship between his parent and our client, and examples of documents showing that our client has been authorized by other heirs as a representative to file this lawsuit are attached (Annex-4).

4-) The discovery and expert examination to be carried out by your court at the location of the immovable in question and, if approved by your Court, the statements of witnesses that we will listen to during the hearings (Annex-5) will reveal the situation with all its clarity.

LEGAL REASONS :

LEGAL EVIDENCES: … province, … district, … village/neighborhood, … map, … island, … parcel, land registry records of the immovable with field characteristics, cadastral determination report dated …/…/…, certificates of inheritance, Document showing that the other heirs have been authorized by other heirs as a representative regarding the opening, witness list showing the names and addresses of the witnesses and the subjects they will testify, discovery and expert examination.

CONCLUSION AND CLAIM: For the reasons we tried to explain above, the cancellation of the title deed registration of the immovable subject to the lawsuit, which is still registered in the name of the defendant, and the registration of the said real estate in the name of our client and other heirs represented, (The claim for the value of the lawsuit, “reservation of the rights related to the surplus” or the value of the lawsuit, Whether it is contentious or not may vary according to the petition prepared on the subject of the case, but the relevant requests should be evaluated based on your concrete case.) We request by proxy on behalf of our client to decide that the court costs and litigation expenses be charged to the other party. …/…/…

ATTACHMENTS:

1-) Land registry records of the field-qualified immovable registered in … province, … district, … village/neighborhood, … map, … island, … parcel.

2-) The cadastral determination report dated …/…/….

3-) Certificates of succession.

4-) A document showing that our client has been authorized as a representative by other heirs regarding the filing of this lawsuit.

5-) Witness list showing the names and addresses of the witnesses and the subjects they will testify.

6-) One copy of approved power of attorney.

Plaintiff’s Attorney
Lawyer

Registration Request for Real Estate without Title Deed

TO THE JUDICIARY OF THE COURT OF COURT
Plaintiff:

TURKISH IDENTITY NUMBER :

ADDRESS :

ATTORNEY:

(Legal representatives of the parties, if any)

ADDRESS :

(Legal representatives of the parties, if any)

DEFENDANT: 1-) Treasury

2-) Forestry Administration

SUBJECT : It consists of our registration request for immovable without title deed.

CASE VALUE:

(in cases related to assets)

DESCRIPTIONS :

1-) The immovable subject of the lawsuit, which is a field adjacent to the parcels in the village of … and …, is not registered in the title deed. The immovable subject of the lawsuit is outside the forest cadastre made in … and the application of article 2/B, and is in places that do not have forest qualifications (ANNEX-1).

2-) The relevant immovable was sold to our client by … … with the external sales contract (Annex-2) dated …/…/… and its possession was transferred.

3-) Our client has been an active possession of the said place during the intervening year and has benefited from the immovable by cultivating it. This situation will be clarified by the discovery and expert examination to be carried out by your court at the location of the immovable, and the statements of witnesses (Annex-3).

4-) Since the conditions for acquiring immovable by means of gainful statute of limitations on behalf of our client due to the reasons explained above, it has become necessary to apply to your court for the registration of the immovable subject to the lawsuit.

LEGAL REASONS :

LEGAL EVIDENCE: External sales contract dated …/…/…, forest cadastral maps, witness statements, discovery and expert examination regarding the immovable subject of the lawsuit in the village of … and … adjacent to the parcels.

CONCLUSION AND REQUEST: For the reasons explained above, the decision to register the immovable property subject to the lawsuit in the title deed on behalf of our client, (The request for the value of the lawsuit, the “reservation of the rights regarding the surplus” or whether the lawsuit value is in contention may vary according to the petition prepared on the subject of the lawsuit, Relevant requests should be evaluated on the basis of your concrete case.) We request, by proxy, that it be decided to charge the litigation expenses and attorney’s fee to the other party. …/…/…

ADDITIONAL:

1-) Forest cadastral maps.

2-) External sales contract dated …/…/… regarding the immovable which is the subject of the lawsuit in the village of …, adjacent to the … and … parcels.

3-) Witness list showing the names and addresses of the witnesses and the subjects they will testify.

4-) One copy of approved power of attorney.

Plaintiff’s Attorney
Lawyer