Mediatorship

HOW DO I SELECT THE MEDIATOR?
The parties can choose the mediator from the current list of mediators available at the official website of our Department, www.adb.adalet.gov.tr.

IS MEDIATION AN EXPENSIVE METHOD?
Until the conclusion of the process, the parties do not have to pay any fees in the mediation process, unlike the case, and they do not pay expenses such as notification, expert witness, witness and discovery. Only the mediator is paid according to the duration of his activity, in accordance with the Mediation Minimum Fee Schedule. Also, a private meeting place etc. If necessary, these costs must be paid. If the parties will participate in this process with their lawyers, they will also pay their lawyers a fee.

WHAT IS MY ADVANTAGE WHEN I AGREE THROUGH MEDIA?
You will save time that you will have to make during the lawsuit (such as postal expenses, expert, discovery, etc. expenses, travel expenses) and the time that you will have to limit from your other works due to the trial and allocate to the courthouse.
It takes less time than court.
The outcome is under the control of the parties.
Looking to the future, it is essential to protect the interests, not the current legal situation.
Reliability and confidentiality are important; The parties can easily talk here that they cannot speak in front of the court.
The psychological and sociological risk is low; creates fewer new problems.
The method and solution style agreed by the parties are fundamental and flexible.
It is resolved by agreement; both sides win, the social and economic relations of the parties continue.

Rent Increase Rate

The maximum rate of rent increase to be applied in renewals of lease agreements is clearly determined in the Code of Obligations (M 344). Accordingly, the rate of rent increase can be as much as the rate of Domestic Producer Price Index. However, the announcement by the Turkish Statistical Institute of the four different values ​​of the Domestic Producer Price Index as “Change Rate According to Twelve-Month Averages”, “Annual Change Rate”, “Change Rate According to December” and “Monthly Change Rate” creates confusion. According to the settled decisions of the Supreme Court, the rate to be applied as the rent increase rate is “The Rate of Change in Domestic Producer Price Index According to the Twelve-Month Averages”. This rate is the highest rate of increase that can be applied in the renewal of lease agreements, and if the rent increase rate written in the agreement is lower than the Domestic Producer Price Index, the increase amount written in the agreement will be valid. On the contrary, if the rent increase is more than this rate, the determined rent increase rate will not be applied because it will be against the mandatory provisions of the law of obligations, and the Domestic Producer Price Index rate will be applied.

Are Wedding Jewelry Shared İn Case Of Divorce

Since wedding jewelry is considered personal property, it cannot be included in the calculation of property division in divorce.
Spending the wedding jewelry on common needs or wedding expenses within the marriage, paying the debt of the man with jewelry, etc. ın the event of divorce, the woman has the right to demand the wedding jewelery from her husband, even if it is sold out due to reasons such as: If the woman voluntarily gave the wedding jewelry to the man on the condition that it cannot be “returned”, she can no longer demand the jewelry back. However, the man has to prove that the jewelry was given to him by the woman, not to be returned.

Jewelry coins and jewelry worn at the wedding are considered to belong to the woman, unless there is a contrary agreement between the parties. Unless it is proven that it was given on a non-refundable condition; having them cashed and spent by the husband for his debts; does not relieve him of the refund debt. The plaintiff-defendant husband declared and accepted that “all of them are used for engagement, wedding and household goods debts” in his response to the woman’s requests for jewelry and ornaments; Nor could he prove that the jewelry money was given to him by the woman, never to be returned. For these reasons, the woman’s case regarding her request for jewelry money should be accepted. (Court of Appeals 2HD-K.2014/26223).

Divorce Due To Abandonment And Alimony

If the divorce case based on the legal reason for abandonment (Turkish Civil Code article 164) is accepted, the fault belongs to the party who does not return to the common residence without a fully justified reason. Since the court accepted the divorce case based on the legal reason for the abandonment of the plaintiff-defendant husband, and the counter-divorce case based on the deterioration of the marriage union of the defendant-plaintiff woman (Turkish Civil Code Article 166/1), poverty alimony will not be awarded for the benefit of the fully flawed defendant-plaintiff woman. Without observing of the Turkish Civil Code article 175 , the appraisal of poverty alimony for the benefit of the defendant-plaintiff woman, rather than the rejection of the request, was contrary to the procedure and the law and required breaking it.(Court of Appeal 2. HD – Decision: 2014/494).

Renewal Of Expired Gun License

Six months from the written notification to the police directly or in accordance with the provisions of the Notification Law No. When it is stated that those who do not have their license renewed as a carrying or keeping license according to their current situation, the license of that gun will be revoked and transferred in accordance with the provisions of this regulation and the validity period of the new license will start to run from the date of the expiry of the previous license. While it is necessary to determine whether the necessary notifications have been made by bringing the original or certified copy and to decide according to the result, it is against the law to make a written decision with incomplete research. (The 8th Criminal Chamber of the Supreme Court – Decision: 2015/2303).

Overtime Pay in Ordinary Circumstances

In Article 41/1 of the Labor Law, “Overtime work may be done for reasons such as the general benefits of the country, the nature of the work or the increase in production. Overtime is the work exceeding forty-five hours per week, within the framework of the conditions written in the Law.” In this article, the definition of overtime work in ordinary situations is made.

Action For Judicial Seperation

Before the contested or uncontested divorce case, the party that has the conditions of the divorce case and has the authority to file a lawsuit will request separation before these cases. Divorce or separation will be decided by the judge by looking at whether the reason for the divorce is proven or not. However, due to the principle of adherence to demand, the judge will not be able to rule on divorce in the face of separation demand. If the divorce requested in the lawsuit is filed, the judge will be able to decide on the separation if he or she considers that it is possible to re-establish the common life. The period given by the judge for separation is between 1 year and 3 years. The date on which the time to be given by the judge will begin is the moment when the separation clause becomes final. The separation will take place with the completion of the time given by the judge. Even if the common life has not been re-established within this period, it will now be possible to file a divorce case. In this case, the judge cannot decide on separation again.

Does The Presumption Of Death End The Marriage

Yes, it terminates. All personal rights of the person who has a presumption have expired and the death record of the population has been deducted. Therefore, death is one of the conditions that spontaneously ends the marriage union. Therefore, the surviving spouse will not need to take any actions, such as filing a lawsuit, to terminate the marriage.

Presumption Of Death

Presumption of death According to Article 31 of the Turkish Civil Code, persons who have disappeared in situations that require certain consideration of their death will be considered truly dead, even if their bodies have not been reached. Persons concerned about persons presumed to have died in this way will contact the competent authorities to ensure that the death record of the population is reduced. If the registration of the dead is reduced, it will mean the following: the person will now be considered legally dead by lowering the registration and will bring about all the provisions and consequences of death. In order to register a death based on the presumption of death, people were not required to prove that the death occurred. It will only be enough to prove the existence of the event, which indicates the finalization of death.

Attorney’s Alibi Petition

ISTANBUL COMMERCIAL COURT OF FIRST INSTANCE

File: 2017 / XXXX.

The case in which we reported the file number above and which is being heard in your court is XX.XX.XXXX Date Time 10.30 atili hearing on the same day, Istanbul Anatolian Commercial Court of First Instance 2016/XXX e no.10.00 atili and Istanbul Anatolian Civil Court of First Instance 2015/XXX e no. 11.00 atili hearing will be held.

With the acceptance of our professional excuse, we submit to your tensip and opinions that the hearing should be postponed to another day, which will be considered appropriate, and that the hearing day should be learned through the UYAP system.

ACTING PLAINTIFF
Hunt. …………………