Article 165 of the Turkish Civil Code regulates divorce proceedings due to mental illness. “If one of the spouses is mentally ill and therefore the joint life becomes unbearable for the other spouse, this spouse can file a divorce case, provided that it is determined by the official health board report that this disease cannot be cured.”

If the mental illness that is the reason for the divorce is a mental illness that prevents marriage, it must have emerged after the marriage. Mental illness before marriage is one of the definite barriers to marriage. Despite this, if the marriage has taken place, this marriage is void with absolute nullity.

In order for one of the spouses to file for divorce based on mental illness, the other spouse must be mentally ill. The Civil Code has counted only mental illness as the reason for divorce, not all kinds of illness, and although there are serious illnesses with no hope of recovery, a divorce case cannot be filed based on diseases such as epilepsy, leprosy, syphilis, plague and AIDS.

In order for a divorce case to be filed on the basis of a mental illness, there must be no possibility of recovery from the mental illness. If there is a possibility of recovery from the disease, the judge will not decide on divorce and will reject the case.

One of the important conditions in a divorce case due to mental illness is to prove that the common life has become unbearable. Although mental illness has been proven with an official medical board report, the judge does not immediately decide to divorce. The issue that needs to be investigated is whether the common life has become unbearable.

JUDICIARY 2nd LAW OFFICE 2004/4941 E. 2004/7899 K. 15.06.2004 T.

“… It is understood that the defendant suffers from “temporal type epilepsy (epilepsy)”. The presence of this disease in one of the spouses is not a reason for divorce in itself. There is no evidence that the defendant abstained from the treatment of his illness, and it was also determined in the report that he had the psychological competence to carry out the marriage. Except for the defendant’s epilepsy, the existence of any other concrete event that would shake the foundation of the marriage union and not allow the continuation of the common life has been revealed. In that case, it was not considered correct to decide to divorce in writing when the case should be rejected. ”’

Types of Wills

Wills are of 3 types. An official will is an oral will and a handwritten will. An official will is a will made with the participation of an official in accordance with the forms prescribed by our Civil Code. In order for the will to become official, the participation of an official authorized by law is mandatory. An official will is drawn up with the participation of two witnesses and an official. The qualifications of the witnesses are also determined by law. Accordingly, the spouse of the decedent, the descendants of the descendants of the blood, the spouses of these persons, their siblings, those who have been banned by the decision of the criminal court, those who are illiterate, those who do not have an actual capacity, cannot participate as witnesses. The official will is of two types, the will made by the literate and the will by the illiterate. In the will to be prepared by the literate people, if it is prepared in advance by the decedent, it is delivered to the official official, the officer signs the will, which is delivered to him, by putting the year, month, day and makes it official. If it has been prepared beforehand, the beholder declares his wishes and wishes to the officer himself, the officer gives the written report to the testator, reads it and makes it official after signing it. The approved will is read again by the officer in the presence of witnesses, indicating that the will has been read and that it contains the last wishes of the legator. Witnesses do not need to know the contents of the will. In a will to be drawn up by illiterate people, the inheritor informs the officer of his wishes. After the official official prepares the report, it reads it to the testator in the presence of two witnesses. It is approved and preserved.

A handwritten will, on the other hand, is a will signed by the testator entirely in his own handwriting and dated. There is no obligation to deposit such wills to the civil servant. However, it can be handed over to the notary, magistrate, despite the measures of loss, tampering and alteration.

An oral will is made when it is not possible to make a will in any other way in extraordinary circumstances. Two witnesses are required. Declare your testator’s last wishes to two witnesses. What the testator says will be written by the witness or dictated later. Witnesses then hand over this written will to the Magistrate or the Civil Judge of First Instance. In order for an oral will to be valid, it must be delivered to the court immediately after death. Those who will witness the will must be literate.

Antalya…… Civil Court

To Your Honor

File Base Number:

Decision No:

Subject : About Our Request for Expense Advance Refund

DESCRIPTIONS

Given in the main file of your court…. I request the return of the unused portion of the expense advance deposited, with the decision numbered / and dated … finalized.

The issue of vehicle depreciation is handled from different perspectives by insurance and insurance companies. However, before explaining the details of damage depreciation, it is necessary to examine and understand the concept of depreciation a little. Although there is no clear definition for the concept of vehicle depreciation among the laws specified in our law, it is possible to say that certain issues are realized in line with the demands on which they are based.

With the Highways Motor Vehicles Compulsory Liability Insurance, the insurer is jointly and severally jointly, that is, chained to the responsibilities of the vehicle owner who was defective at the time of the accident. According to Article 1409 of the Turkish Commercial Code No. 6102, in case of loss of value during a traffic accident, the traffic insurance institution, which is affiliated with the defective party, is obliged to both cover the damage and loss caused by the accident and compensate the loss of value, which is considered as direct loss. .

According to Article 85 of the Highway Traffic Law No. 2918, if the vehicle causes death or injury to a person or damage to something, if the motor vehicle is operated under the title or business name of an enterprise or with a ticket issued by this enterprise, the operator of the motor vehicle and the one to which it is connected, The owner of the enterprise is jointly and severally liable for the resulting damage. Of course, depreciation can vary according to many different nuances and factors.

To give an example about the situation, for example, a vehicle part that went into the paint process as a result of an accident does not lose its value after it has had an accident again. However, if damaged parts are replaced, this may cause a loss of value. While it is possible to derive these and similar examples, it is vital to obtain detailed information, conduct a comprehensive research and consult a lawyer specialized in vehicle depreciation before filing a lawsuit for loss of value or taking any action regarding loss of value collection.

T.R.
JUDICIARY DECISION Main No: 2011/6731
Decision No: 2012/45397
Decision Date: 07.11.2012

Supreme Court Decision
Communiqué No: 2 – 2009/159584
COURT: Alanya 2nd Criminal Court of Peace
DATE: 20/11/2008
NUMBER: 2008/206 (E) and 2008/940 (F)

CRIME: Violating the immunity of residence
The file was examined and the need was considered;
1- In the examination of the appeals made against the acquittal of the accused H.. Y.;
Objections to appeal according to the hearing held, the evidence collected, the reason, the judge’s opinion and discretion
APPROVAL of the judgment as a request with the refusal of it being out of place,
2- As for the appeals against the acquittal of the accused S.. K.;
The crime of breaking the immunity of the residence is one of the crimes committed against the freedom of the person and the protection protected in this crime
legal interest; Property is not a right, it is the personal freedom of the residents. In the concrete case, with the participant
due to a dispute arising from the debt-credit relationship between the accused, the debt of the participant
Even though he has transferred the ownership of his house to the accused with a real estate transfer agreement as collateral in return,
continued to live in his house, and whether the accused had evacuated and moved to the house of the participant on the date of the crime.
that you have changed the lock by opening the door by the locksmith to check it and checking the inside.
against understanding; Although the act of the accused constitutes the crime of breaking the immunity of the residence,
acquittal on unlawful grounds,
Since the appeal objections of the participating attorney who necessitated reversal were deemed appropriate in this respect, the judgment
for this reason, it was unanimously decided on 07/11/2012 that it should be FRINGED as the request.

The crime of defamation committed on social media or the internet can be committed in two different ways:

Damage to the honor and dignity of the person by attributing a certain concrete situation and phenomenon. For example, saying “you stole my computer, you are a thief” to someone via the internet constitutes the crime of insult.
Depreciating and offending a person with general and abstract words and behaviors. For example, calling someone “dishonest” on the internet constitutes a crime of insult.
offense of defamation; Instagram, facebook, twitter, telegram, whatsapp etc. It can be processed over the internet by other methods such as sending e-mail (e-mail), as well as through applications and social media accounts. The person who commits insult on the internet will be punished in accordance with the provisions of TCK article 125:

TCK article 125

1) A person who attributes a concrete act or fact that may offend another person’s honor, dignity and prestige, or who attacks another person’s honor, honor and dignity by cursing, is sentenced to imprisonment from three months to two years or a judicial fine. In order for the insult to be punished in the absence of the victim, the act must be committed with at least three people.

(2) If the act is committed with an audio, written or visual message addressed to the victim, the penalty specified in the above paragraph is imposed.

(3) The offense of insult;

a) Due to his duty to a public official,

b) Due to the fact that he explains, changes, tries to spread his religious, political, social, philosophical beliefs, thoughts and convictions, and acts in accordance with the orders and prohibitions of the religion to which he belongs,

c) With reference to the values ​​considered sacred according to the religion of the person, in case of committing, the lower limit of the penalty cannot be less than one year.

(4) If the insult is committed publicly, the penalty is increased by one sixth.

(5) In case of insulting the public officials working as a council due to their duties, the offense is deemed to have been committed against the members of the board. However, in this case, the provisions of the article pertaining to the chain crime are applied.

With Which Words Can An Insult Crime Be Committed On The Internet?

It is impossible to count the words that may constitute the offense of defamation on the Internet one by one in the law. The basic rule for the crime to occur; It is the attacking of a person’s honor, honor or dignity by attributing a concrete act or fact that will offend the honor, honor or dignity of the person with words and behaviors used on the internet, or by cursing. It is seen that the important thing in the crime of insulting via the internet is the punishment of the actions that offend the person and devalue them in the society.

By sending a message, tweeting or commenting on the internet, you can be “disgraceful”, “disgraceful”, “idiot”, “stupid”, “animal”, “dumb”, etc. It is obvious that saying such words will constitute the crime of insult.

Some negative comments made on pictures shared on social media (instagram, facebook, twitter, etc.) may also constitute a crime of insult. Even if the fact attributed to the person in the pictures is related to the physical or psychological characteristics of the person, it constitutes the elements of the crime of insult. For example, calling an overweight person “fat of God” or a person with no limbs a “crippled man” constitutes an offense of insult on the internet. Again, a comment like “that’s you” made under a stool picture gives rise to the crime of insulting via the internet.

However, if the concrete fact attributed to the person over the internet is proven, the crime of insult does not occur. For example, the message “you stole my computer” does not constitute a crime of insult if proven. However, it is a crime of insult to say “you are a thief” to a person who has a previous conviction for theft.

Rude, arrogant and disrespectful words and behaviors said on the internet do not constitute the crime of insult. Words do not constitute a crime of insult. Saying “Get out of my page, you’re rude” is a rude behavior and does not constitute a crime of insult.

Again, curse words and behaviors do not constitute the crime of insult. For example, words such as “May God do you as He knows”, “God damn you”, “You have a way to hell”, “May God remove you from your children” on social media are not considered insulting crimes by the Supreme Court since they are curse words.

Criticisms made to people who are known by the public for their deeds do not constitute the crime of insult. For example, football players, artists, politicians should be more open to criticism by the public than normal people. For example, saying to a politician, “This country has become poor because of you, you have sold everyone” is not a heavy criticism and does not constitute a crime of insult.

The crime of collaborating with the enemy is regulated as follows in Article 303 of the TCK No. 5237 in the section “Crimes Against the Security of the State”:

Do not cooperate with the enemy

ARTICLE 303 – (1) A citizen who accepts service in the army of the state that is at war with the Republic of Turkey, and engages in an armed struggle against the State of the Republic of Turkey on the side of the enemy state, is sentenced to life imprisonment.

(2) A citizen who assumes any command in the army of the enemy state is punished with aggravated life imprisonment.

(3) In case other crimes are committed during the commission of the crimes defined in the first and second paragraphs, additional punishment is imposed for these crimes in accordance with the relevant provisions.

(4) No penalty shall be imposed on a citizen who was in the territory of an enemy state during war and had to be recruited into the army of that state, for this reason.

As it is understood from the text of the article, accepting service in the army of the state that is at war with the Republic of Turkey or engaging in an armed struggle against the Republic of Turkey on the side of the enemy state is defined as a crime. The perpetrator of this crime can only be a citizen.

In the second paragraph, undertaking any command post in the army of the enemy state is defined as a separate crime. In order for this crime to occur, it is not necessary to be at war with the enemy state. A state that is not at war yet, but is engaged in hostile actions against the Republic of Turkey should be considered an enemy state. The perpetrator of this crime can only be a citizen. The necessary point for this crime to occur is to undertake a duty in the form of being effective in the administration and administration, albeit indirectly, in the army of the enemy state.

For example, persons may have been killed, deliberately injured, or damaged or damaged to persons or public property at the time these crimes were committed. In the third paragraph of the article, it has been accepted that an additional penalty will be imposed for these crimes.

According to the fourth paragraph of the article, it is explained in the fourth paragraph of the article that those who were in the territory of a foreign state before the war and had to accept a service imposed by the laws of that state cannot be punished. It is a requirement of the subjective responsibility principle in criminal law that a person who is compelled to do something is not held responsible for it.

Singapore is known for having strict regulations and laws. Let’s take a look at a few of them.

gum law

Singapore’s chewing gum ban has taken a strong stance since it banned chewing gum in 1992, after politicians realized that chewing gum offended the public, and that some people were sticking it to door sensors on Mass Rapid Transit trains, preventing them from working properly. However, since 2004 people in Singapore have been able to buy gum from dentists or pharmacists for medical reasons, such as using nicotine gum to quit smoking. Under Singapore gum law, if you are caught selling or importing gum, you could face a hefty fine or even jail time.

Electronic cigarette

Despite some reports that e-cigarettes are less harmful than regular cigarettes, the Singapore Health Sciences Authority has maintained its stance on e-cigarettes, arguing that it can be a gateway for non-smokers to become addicted to tobacco. E-cigarette use has been banned since 2018, even in private homes, with significant fines for anyone caught importing or distribution.

Gathering in groups of more than three people

In Singapore, it is illegal for groups of more than three people to gather in a public area after 10 pm. It may seem strange, but the government believes that preventing illegal gatherings will help maintain peace and stability in the country. So if you’re out with a group of friends, make sure you’re home by 10pm.

Buying alcohol after 22.30

As of 2015, Singapore banned the sale and consumption of alcohol in public from 10:30 p.m. to 7:00 a.m. Event organizers can apply for a special license to allow drinking after this time, and places such as restaurants can serve alcohol according to their license. Illegal sale of alcohol is punishable by a fine of up to Singapore$10,000 (£5,362) or more in certain Liquor Control Areas. The Singapore ban came into effect after a riot on Race Course Road over the inconvenience caused by excessive alcohol consumption.

The court in charge of the restitution case is the Civil Courts of First Instance. The competent court is the court of the defendant’s place of residence or the court of the place where the enforcement proceedings are carried out.

If the case is won by the plaintiff in the restitution lawsuit, the right to receive not only the money paid to the creditor with the enforcement proceedings, but also the enforcement fees and expenses that he had to pay, from the defendant creditor.

It should be noted that if the payment is made without realizing that the debt has expired, an action for restitution cannot be filed for the return of the money paid by the debtor.

On the other hand, if the plaintiff loses the case, the defendant will have to pay the court costs related to the case to the creditor.

In the cases explained, it is not possible for the losing party to be sentenced to pay 40% compensation.

The crime of embezzlement is not one of the crimes that depend on the complaint. The prosecution office may initiate an investigation ex officio after the crime has been committed. The statute of limitations for embezzlement is 15 years. An investigation and prosecution can be carried out within this period, upon notification to the prosecutor’s office that a crime has been committed.