…… TO THE DIRECTORATE OF ADMINISTRATIVE AFFAIRS OF THE REPUBLICAN PROSECUTOR’S OFFICE
FILE NUMBER: …/… E. …/… K. TO THE…… TO THE DIRECTORATE OF ADMINISTRATIVE AFFAIRS OF THE REPUB…… TO THE DIRECTORATE OF ADMINISTRATIVE AFFAIRS OF THE REPUBLICAN PROSECUTOR’S OFFICE
FILE NUMBER: …/… E. …/… K.

DEFENDANT                                         :

DEFENSE                                        :

ADDRESS                                           :

CRIME                                                   :

CRIMINAL HISTORY                                  : …/…/…

SUBJECT :SUBJECT : … … .. It consists of our petition to pay the power of attorney fee to us, which was acquitted in the decision of the Criminal Court dated …/…/…, …/… and numbered …/… and for the benefit of our client, who represented hT : … … .. It consists of our petition to pay the power of attorney fee to us, which was acquitted in the decision of the Criminal Court dated …/…/…, …/… and numbered …/… and for the benefit of our client, who represented himself with a proxy.

E X P L A N A T I O N S

1-) Our client … …. about …. … for the crime of …/…/…. as a result of the criminal complaint filed in history and the trial conducted, … … .-) Our client … …. about …. … for the crime of …/…/…. as a result of the criminal complaint filed in history and the trial conducted, … … .. The Cr-) Our client … …. about …. … for the crime of …/…/…. as a result of the criminal complaint filed in history and the trial conducted, … … .. The Criminal Court … issued a verdict of acquittal for our client on …/…/…, with the decision numbered …/… and …/…. The acquittal verdict was not appealed and became final on …/…/…. We present the annulled reasoned decision of the finalization of the court decision in the Oct.

2-) Since the decision made against our client, the defendant … … has been finalized on the date …/…/…, it is necessary to adjudicate the attorney’s fee for the benefit of the defendant, who was acquitted and represented himself by proxy, against the treasury.-) Since the decision made against our client, the defendant … … has been finalized on the date …/…/…, it is necessary to a-) Since the d-) Since the decision made against our client, the defendant … … has been finalized on the date …/…/…, it is necessary to ad-) Since theSince the decision made against our client, the defendant … … has been finalized on the date …/…/…, it is necessary to adjudicate the attorney’s fee for the benefit of the defendant, who was acquitted and represented himself by proxy, against the treasury.

3-) Therefore, in order for the attorney’s fee awarded against the treasury to be paid to us, we request that the … Bank … Branch TR .. …. …. …. …. …. .. In order to transfer the payments to the IBAN number, the business has been obliged to write this petition.

LEGAL REASONS : 1136 P. K. m. 164, 5271 S. K. m. 324, Minimum Wage Tariff for Lawyers m. 13

CONCLUSION AND REQUEST                                    : For the reasons we have explained above, …CONCLUSION AND REQUEST                                    : For the reasons we have explained above, … …. In order for us to pay the power of attorney fee, which was ruled against the treasury in accordance with the acquittal verdict issued and finalized against our client by the CrONCLUSONCLUSION AND REQUEST                                    : For the reasons we have explained above, … …. In order for usNCLUSION AND REQUEST                                    : For the reasons we have explained above, … …. In order for us to pay the power of attorney fee, which was ruled against the treasury in accordance with the acquittal verdict issued and finalized against our client by the Criminal Court’s decision dated …/…/…, …/… and numbered …/… Principal and …/… Decision ….. Bank …….. We respectfully request that the decision be made to deposit the fee to the Iban number on behalf of our acquitted client.

 

Defense of the Acquitted Accused

Av         .

 

 

 

 

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WHAT IS A FORENSIC REPORT?
They are reports that guide judicial authorities in all kinds of incidents. The forensic report should first be prepared by the physician who performed the examination and treatmentHAT IS A FORENSIC REPORT?
They are reports that guide judicial authorities in all kinds of incidents. The forensic report should first be prepared by the physician who performed the examination and treatment. The forensic medical service is originally an expert witness service.

Forensic medicine is the branch of medicine that provides the necessary evidence and information to the legal system in the event of legal disputes involving medical data or unenlightened criminal acts. It helps the courts by preparing reports on the evidence.orensic medicine is the branch of medicine that provides the necessary evidence and information to the legal system in the event of legal disputes involving medical data or unenlightened criminal acts. It helps the courts by preparing reports on the evidence. Especially in cases involving vital crimes such as injury, murder, suicide, sexual assault, assault, forensic medicine is applied more often. Forensic medicine physicians or forensic medicine departments of university hospitals shall act as experts in this context.

Any individual who is a perpetrator, victim, witness to, or affected by (a crime or) legal dispute, or who provides evidence, may be the subject of a forensic report.dual who is a perpetrator, victim, witness to, or affected by (a crime or) legal dispute, or who provides evidence, may be the subject of a forensic report. They can examine a wide range of biological materials as evidence (such as hairy individual who is a perpetrator, victim, witness to, or affected by (a crime or) legal dAny individual who is a perpetrator, victimREPRESENTATIVE                              :PRESENTREPRESENTATIVE                              :

NTATIVE                              :

ADDRESS                                          :

sREPRESENTATIVE                              :

ADDRESS                                          :

suspect                                           :

ADDRESS                                        :

AGENT                                           :

address                                          :

SUBJECT : …/…/… our objections against the dated Forensic Medicine Institution report

includes.

EXPLANATIONS

1-) In the first expert report taken on …/…/… in the file registered under the above-mentioned number of your court, it was stated that “there was a blunt force injury mark on the right shoulder, the right hand 2nd finger was dislocated and could not be treated with simple medical intervention.-) In the first expert report taken on …/…/… in the file registered under the above-mentioned number of your court, it was stated that “there was a blunt force injury mark on the right shoulder, the right hand 2nd finger was dislocated and could not be treated with simple medical intervention.” In another report dated …/…/… received on top of this, it was decided that-) In the first expert report taken on …/…/… in the file registered under the above-mentioned number of your court, it was stated that “there was a blunt force injury mark on the right shoulder, the right hand 2nd finger was dislocated and could not be treated with simple medical intervention.” In another report dated …/…/… received on top of this, it was decided that “the dislocation caused at the time of injury has improved during the last general examination, it can be fixed with simple medical intervention”, and due to a contradiction between the two reports, the Forensic Medicine Institution appealed to your court …/…/… with our appeal on Dec ….. Your court has decided that a report should be obtained from the Specialized Department.

2-) Thereupon, the Forensic MedicineYour court has decided that a report should be obtained from the Specialized Department.

2-) Thereupon, the Forensic Medicine Institute ….. A report has been prepared by the Specialized Department, and this report is not clear and justified enough to constitute the basis for the judgment to be given by your court. The issues contained in the two expert reports that have been given court has decided that a report should be obtained from the Specialized Department.

2-) Thereupon,our court has decided that a report should be obtained from the Specialized Department.

2-) Thereupon, the Forensic Medicine Institute ….. A report has been prepared by the Specialized Department, and this report is not clear and justified enough to constitute the basis for the judgment to be given by your court. The issues contained in the two expert reports that have been given previously and contain contradictions have not been clarified, and it is not hoped that this report will be taken as a basis for the judgment.

3-) For the reasons we have tried to explain above, the Forensic Medicine Institution in question is ….. We object to the report of the Specialized Department report.

LEGAL REASONS           : 5271 S.EGEGEGAL REASONS           : 5271 S. K. m. 62, 63, LEGAL REASONS           : 5271 S. K. m. 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73.

CONCLUSION AND REQUEST : For LEGAL REASONS           : 5271 S. K. m. 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73.

CONCLUSION AND REQUEST : For the reasons we tried to explain above, …/…/… dated Forensic Medicine InstitutiGAL REASONS           :the

 

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PETITION REQUESTING THE ANNULMENT OF THE JUDICIAL REVIEW DECISION

ANTALYA (…) TO THE HIGH CRIMINAL COURT

file numberPETITION REQUESTING THE ANNULMENT OF THE JUDICIAL REVIEW DECISION

ANTALYA (…) TO THE HIGH CRIMINAL COURT

file number            :

TITION REQUESTING THE ANNULMENT OF THE JUDICIAL REVIEW DECISION

ANTALYA (…) TO THE HIGH CRIMINAL COURT

file number            :

suspect                              :

DEFENSE               :

SUBJECT : It is Only a Request to Cancel the Judicial Control Decision.

 

descriptions                                                       :

The Antalya …. High Criminal Court, in its decision numbered … has decided to continue the judicial control measures for the client defendant … within the scope of Article 109/3-ahe Antalya …. High Criminal Court, in its decision numbered … has decided to continue the judicial control measures for the client defendant … within the scope of Article 109/3-a of the CMK. The client has not been able to travel abroad since the judicial control decision was made against the accused.

This decision given against the client causes serious grievance to the client defendant and it is necessary to decide that the “ban on traveling abroad be lifted”.decision given against the client causes serious grievance to the client defendant and it is necessary to decide that the “ban on traveling abroad be lifted”. The client’s family, close circle … live in his country and the client continues to have relations with this close circhis decision given against the client causes serious grievance to the client defendant and it is necessary to decide that the “ban on traveling abroad be lifted”. The client’s family, close circle … live in his country and the client continues to have relations with this close circle in … country. However, the client, who has not been able to go abroad since …, cannot see his family and acquaintances and is experiencing serious victimization because he cannot go abroad. Evidence has been collected about our client and there is no pending action. In this case, it is essential to take into account that the benefit expected from judicial control is provided. For the reasons we have explained, there has been an obligation to request from your court that the judicial review decision issued against our client be annulled. this case, it is essenn n n this case, this case, it is essential to take into account that the benefit expected from judicial control is provided. For the reasons we have explained, there hasial to take into account

 

 

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What is a Judicial Control Measure? (CMK 109)
A judicial control decision is a criminal procedure measure applied instead of an arrest decision by placing the suspect or defendant under supervision despite the existence of arrest reasons.hat is a Judicial Control Measure? (CMK 109)
A judicial control decision is a criminal procedure measure applied instead of an arrest decision by placing the suspect or defendant under supervision despite the existence of arrest reasons. Instead of an arrest measure, the judge releases the suspect or defendant under supervishat is a Judicial Control Measure? (CMK 109)
A judicial control decision is a criminal procedure measure applied instead of an arrest decision by placing the suspect or defendant under supervision despite the existence of arrest reasons. Instead of an arrest measure, the judge releases the suspect or defendant under supervision with a “judicial control condition”. The judicial control measure ensures that the suspect or defendant is taken under control by a judicial decision, but through an administrative means (such as signing, ban on traveling abroad, etc.) The judicial control measure can only be decided by the criminal court (CMK art.110).

The crimes provided for in the Criminal Procedure Law, which prohibit arrest (CMK art.In terms of 100/4), in other words, the provisions of the judicial control measure may also be applied for crimes whose upper limit requires a prison sentence of less than 2 years.

Arrest is the most severe criminal procedure measure applied to a person under suspicion of a crime. The judicial control measure is an alternative way to control the suspect or accused in social life, which is envisaged in order to prevent some of the inconveniences caused by the arrest.rrest is the most severe criminal procedure measure applied to a person under suspicion of a crime. The judicial control measure is an alternative way to control the suspect or accused in social life, which is envisaged in order to prevent some of the inconveniences caused by the arrest. In addition, provisions related to judicial control may also be applied to those who have been released due to the expiration of the periods of detention provided for in the laws.

Judicial control and probation should not be confused with each other. The probation law is applied during the execution of a finalized sentence. The judicial control measure is applied while the trial is ongoing, that is, at a stage when the sentence has not yetudicial control and probation should not be confused with each other. The probation law is applied during the execution of a finalized sentence. The judicial control measure is applied while the trial is ongoing, that is, at a stage wheJudicial control and probation should not be confused with each other. The probation law is applied during the execution of a finalized sentence. The judicial control measure is applied while the trial is ongoing, that is, at a stage when the sentence has not yet been finalized. Although probation and judicial control measures are separate institutions, they are followed up by the probation directorate, which causes the concepts to be confused in practice.

Petition of Appeal against Judicial Control Decision
.……. TO THE JUDGE OF THE CRIMINAL COURT
suspicious :

TURKISH IDENTIFICATION NUMBER :RKISH IDENTIFICATION NUMBER :

ADDRESS TURKISH IDENTIFICATION NUMBER :

ADDRESS :

DEFENSE ATTORNEY :

ADDRESS :

CHARGED CRIME : Theft

JUDICIAL CONTROL

THE DECISION

DATE OF ISSUE : …/…/…

SUBJECT : This is our Objection to the Judicial Review Decision.

descriptions :

1-) About our client …/…/… the client on the date ….for allegedly shoplifting at his home …… Criminal Court’s …/… E . …/… K. About our client …/…/… the client on the date ….for allegedly shoplifting at his home …… Criminal Court’s …/… E . …/… K. A lawsuit was filed under file number …, and as a result of the said lawsuit, the local court ordered his arrest on …/…/…, and the request for his release during the continuation of the investigation was rejected, ….. With the acceptance of the appeal against the decision of the Criminal Court, it was decided to evict the suspect, and then, in accordance with Article 5271 of the law, the suspect should be kept under judicial control by applying to the nearest police station and signing during working hours on Mondays once a week.ith the acceptance of the appeal against the decision of the Criminal Court, it was decided to evict the suspect, and then, in accordance with Article 5271 of the law, the suspect should be kept under judicial control by applying to the nearest police station and signing during working hours on Mondays once a week. (Oct – 1)

2-) Our client has just completed the age of 19 and lives with his elderly and in need of care mother. (Oct-2) As the economic situation of the family is extremely bad, the mother is unable to contribute to the livelihood of the house and lives in an economically dependent state to our client.

3-) For the reasons we have explained, if our client applies to the police station closest to his residence during working hours on weekdays and signs, a much greater mağduriyet will arise than the expected benefit.-) For the reasons we have explained, if our client applies to the police station closest to his residence during working hours on weekdays and signs, a much greater mağduriyet will arise than the expected) For the reasons we ha-)-) For the reasons we have explained, if our client applies to the police station closest to his residence during working hours on weekdays and signs, a much greater mağduriyet will arise than the expected benefit. Our client has barely found his current job, which may cause him to disrupt his work and perhaps lose it. For the reasons we have explained, we are appealing the judicial review granted against our client.

 

LEGAL REASONS : 5271 P. K. m. 101, 105, 115.

 

CONCLUSION AND REQUEST: For the reasons explained above, by objecting to the judicial review decision issued against our client, we request that your Supreme Court decide on the acceptance of our appeal.CONCLUSION AND REQUEST: For the reasons explained above, by objecting to the judicial review decision issued against our client, we request that CONCLUSION AND REQ

 

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T..C. SUPREME COURT
General Assembly of Law
Case No: 2006/9-479
DeciT.C. SUPREME CT.C. SUPREME COURT
General Assembly of Law
Case No: 2006/9-479
Decision: 2006/484
Decision Date: 28.06.2006
SUMMARY: Due to the defendant’s objection to the wage research conducted by the professional organization reported by the plaintiff, a wage research should be conducted from the Private Tutoring Association, another professional organization, taking into account all the evidence collected, determining the plaintiff’s said circuit wage income, deciding on the spSUPREME.C.C.C. SUPREME COURT
General Assembly of Law
Case No: 2006/9-479
Decision: 2006/484
Decision Date: 28.06.2006
SUMMARY: Due to the defendant’s objection to the wage research conducted by the professional organization reported by the plaintiff, a wage research should be conducted from the Private Tutoring Association, another professional organization, taking into account all the evidence collected, determining the plaintiff’s said circuit wage income, deciding on the specified labor rights and receivables, while resisting the previous decision is contrary to procedure and the law.

(4857 P. K. m. 32)
Case: At the end of the trial conducted due to the <claim> between the parties, Ankara 13thase: At the end of the trial conducted due to the <claim> between the parties, Ankara 13th Upon the request of the parties’ attorneys to review the decision of the Labor Court dated 22.09.2005 and numbered 2005/750-945, At the end of the trial conducted due to the <claim> between the parties, Ankara 13th Upon the request of the parties’ attorneys to review the decision of the Labor Court dated 22.09.2005 and numbered 2005/750-945, which partially accepted the case, the decision was sent to the Supreme Court 9th Chamber. With the decision of the Legal Department dated 31.01.2006 and numbered 2005/34921,2006/1842,
(…At the point of determining the monthly wage of the plaintiff employee, it was stated in the earlier decision of our department that a wage investigation should be conducted from the relevant professional organization, and the aforementioned decision of violation was complied with by the court….At the point of determining the monthly wage of the plaintiff employee, it was stated in the earlier decision of our department that a wage investigation should be conducted from the relevant professional organization, and the aforementioned decision of violation was complied with by the court. The article about the plaintiff’s monthly salary was asked from a statement established by employees in private tutoring institutions and the conclusion was reached according to the article received. The wage research has not been conducted from the relevant professional organization, and the content of the decision to disrupt has not been fulfilled.
The issue should be asked from the Union of Private Tutoring Institutions (Ozdebir), which is the relevant professional organization, and a decision should be made by evaluating all the evidence in the file together …),
The grounds were overturned and the file was returned to its place, and at the end of the retrial, the court resisted the previous decision.e issue should be asked from the Union of Private Tutoring Institutions (Ozdebir), which is the relevant professional organization, and a decision should be made by evaluating all the evidence in the file together …),
The grounds were overturned and the file was returned to its place, and at the end of the retrial, the court resisted the previous decision.
After it was understood that the decision to resist was appealed during the examination by the General Assembly of Law and the papers in the file were read, the necessity was discussed:
Pay Decrees: There is a dispute between the parties regarding the wages paid to the claimant employee.
In disputes that may arise between the parties to the employment contract regarding the amount of wages, the actual wage can be proven with any evidence.n disputes that may arise between the parties to the employment contract regarding the amount of wages, the actual wage can be proven with any evidence. It can be proved that the wage written in the employee’s signature or service contract is not real with evidence such as money receipts, bank records, commercial book records, witness statements showing the monthly wage. In some cases, where it is not possible to determine the salary without leaving room for doubt with the available evidence, it can also be determined by asking the relevant professional organizations, specifying the work done by the plaintiff, the duration of service and other determining characteristics.In some cases, where it is not possible to determine the salary without leaving room for doubt with the available evidence, it can also be determined by asking the relevant professional organizations, specifying the work done by the plaintiff, the duration of service and other determining characteristics.
However, the wage amounts reported by professional organizations are not binding on the parties and the court and must be supported by other information and documents.
For the stated reasons, due to the defendant’s objection to the wage research conducted by the professional organization reported by the plaintiff, wage research should be conducted from the Private Tutoring Association, another professional organization, taking into account all the evidence collected, determining the plaintiff’s said circuit wage income, deciding on the specified labor rights and receivables, while resisting the previous decision is contrary to procedure and the law.he stated reasons, due to the defendant’s objection to the wage research conducted by the professional organization reported by the plaintiff, wage research should be conducted from the Private Tutoring Association, another professional organization, taking into account all the evidence collected, determining the plaintiff’s said circuit wage income, deciding on the specified labor rights and receivables, while resisting the previous decision is contrary to procedure and the law. The decision to resist should be overturned due to the reasons stated.
Conclusion: Acceptance of the appeal objections of the defendant’s attorney and reversal of the decision of resistance due to the reasons stated above and in the decision of reversal of the special chamber, in accordance with Article 429 of the HUMK.lusion: Acceptance of the appeal objections of the defendant’s attorney and reversal of the decision of resistance due to the reasons stated above and in

 

 

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T.C.
SUPREME COURT
LAW CHAT.C.
SUPREME COURT
9TH LAW CHAMBER
E. 2007/31272
K. 2008/10447
T. 28.4.2008

* INVALIDITY OF TERMINATION AND REINSTATEMENT CASE (Since the Contract was Renewed with the Parties Remaining Silent on the Expiry Date, the Contract Became Indefinite – The Termination was Not Based on a VC.
SUPREME COURT
9TH LAW CHAMBER
E. 2007/31272
K. 2008/10447
T. 28.4.2008

* INVALIDITY OF TERMINATION AND REINSTATEMENT CASE (Since the Contract was Renewed with the Parties Remaining Silent on the Expiry Date, the Contract Became Indefinite – The Termination was Not Based on a Valid Reason, Taking into Account the Plaintiff’s Discomfort and Treatment Situation)

* INDEFINITE-TERM EMPLOYMENT CONTRACT (Since the Contract is Renewed with the Parties Remaining Silent on the Expiry Date, the Contract Becomes Indefinite – The Work Done by the Plaintiff is of a Continuous Nature According to Workplace Documents)

* CONDITIONS FOR ENTERING INTO A FIXED-TERM EMPLOYMENT CONTRACT (The Contract Must be Tied to the Duration and There Must be Objective Reasons For Entering into a Fixed-Term Employment Contract)* CONDITIONS FOR ENTERING INTO A FIXED-TERM EMPLOYMENT CONTRACT (The Contract Must be Tied to the Duration and There Must be Objective Reasons For Entering into a Fixed-Term Employment Contract)

* THE DURATION OF THE EMPLOYMENT RELATIONSHIP (Even If There is an Objective Reason, the Date of* CONDITIONS FOR ENTERIISUMMARY : The plaintiff requested that the termination be declared invalid and that he be reinstated in his job. In order to talk about a fixed-term employment contract, the contract must be tied to a term and there must be objective reasons for makingUMMARY : The plaintiff requested that the termination be declared invalid and that he be reinstated in his job. In order to talk about a fixed-term employment contract, the contract must be tied to a term and there must be objective reasons for making a fixed-term employment contract. Even if there is an objective reason, if the date of conclusion of the contract, the date of termination of the employment relationship is unclear or cannot be determined, there is an employment contract for an indefinite period. It is also not enough to have an employment contract that depends solely on the duration. Because the freedom to make a fixed-term employment contract has been limited and the possibility of making such contracts depends on the existence of objective conditions.

The contract was renewed with the silence of the parties on the expiration date, the plaintiff continued to work until the termination date. According to workplace documents, it is understood that the work done by the plaintiff is of a continuous nature, there are no objective conditions that require a fixed-term contract, such as the completion of a certain job, the completion of a project.he contract was renewed with the silence of the parties on the expiration date, the plaintiff continued to work until the termination date. According to workplace documents, it is understood that the work done by the plaintiff is of a continuous nature, there are no objective conditions that require a fixed-term contract, such as the completion of a certain job, the completion of a project. In this case, it should be accepted that the service contract is of indefinite duration and the claimant can benefit from the job security provisions. Considering the plaintiff’s discomfort and treatment situation, it is clear that the termination made by the employer is not based on a valid reason.

LAWSUIT : The plaintiff has requested that the invalidity of the termination be decided and that he be returned to work.ering the plaintiff’s discomfort and treatment situation, it is clear that the termination made by the employer is not based on a valid reason.

LAWSUIT : The plaintiff has ronsidering the plaintiff’s discomfort and treatment situation, it is clear that the termination made by the employer is not based on a valid reason.

LAWSUIT : The plaintiff has requested that the invalidity of the termination be decided and that he be returned to work.

The local court rejected the request.

The verdict was appealed by the plaintiff’s attorney within the appeal period, and the case file was assigned to the Investigating Judge S. After listening to the report organized by Bıçaklı, the file was examined, the need was discussed and thought about:

DECISION: Stating that the employment contract was terminated by the defendant employer without valid reasons, the plaintiff employee requested that the invalidity of the termination be decided and that he be returned to work.

The court decided to dismiss the case on the grounds that the contract is for a certain period of time.SION: Stating that the employment contract was terminated by the defendant employer without valid reasons, the plaintiff employee requested that the invalidity of the termination be decided and that he be returned to work.

The court decided to dismiss the case on the grounds that the contract is for a certain period of time.

18 of the Labor Law No. 4857. according to the article, the employee must work with an indefinite-term employment contract in order to benefit from the provisions of job security.

11 of the Labor Law No. 4857. in the article, “Even if the business relationship is not concluded for a certain period of time, the contract is considered to be of indefinite duration.1 of the Labor Law No. 4857. in the article, “Even if the business relationship is not concluded for a certain period of time, the contract is considered to be of indefinite duration. A fixed-term employment contract is a written employment contract between an employer and an employee, based on a fixed period of time or objective conditions such as the com1 of the Labor Law No. 4857. in the article, “Even if the business relationship is not concluded for a certain period of time, the contract is considered to be of indefinite duration. A fixed-term employment contract is a written employment contract between an employer and an employee, based on a fixed period of time or objective conditions such as the completion of a certain job or the occurrence of a certain event. A fixed-term employment contract cannot be made more than once in a row (in a chain) unless there is a substantial reason. Otherwise, the employment contract is considered to be of indefinite duration from the very beginning. Chain employment contracts based on a fundamental reason retain the property of being for a certain period of time,”the principles on this issue have been determined by an arrangement in the form of.

In contrast to the regulation in the Code of Obligations, the main rule is set out by emphasizing that in cases where the employment relationship is not based on a term, the contract will be considered indefinite term. The main rule is that employment contracts are indefinite term, and the exception is that they are definiten contrast to the regulation in the Code of Obligations, the main rule is set out by emphasizing that in cases where the employment relationship is not based on a term, the contract will be considered indefinite term. The main rule is that employment contracts are indefinite term, and the exception is that they are definite term. In the law, a fixed-term employment contract may be concluded with certain-term jobs depending on objective conditions, such as the completion of a certain job or the emergence of a certain phenomenon. Malicious practices applied to exclude the employee from the job security should not be protected.

In order for a fixed-term employment contract to be mentioned, the contract must be tied to a term and there must be objective reasons for making a fixed-term employment contract.n order for a fixed-term employment contract to be mentioned, the contract must be tied to a term and there must be objective reasons for making a fixed-term employment contract. Even if there is an objective reason, in order for a fixed-term employment contract to be mentioned, the contract must be tied to a term and there must be objective reasons for making a fixed-term employment contract. Even if there is an objective reason, if the date on which the employment relationship will end is not known or determinable at the time the contract is concluded, an indefinite term employment contract is in question. Even if the employment contract is not explicitly tied to a certain period of time by the parties, if it is understood from the purpose of the work that it is for a certain period of time, the contract will be implicitly tied to the period (BK art. 338/1 ).

The existence of an employment contract depending on the duration should not immediately lead to the rejection of the return-to-work case. Because Article 11 restricts the freedom to enter into a fixed-term employment contract, and the possibility of such contracts depends on the existence of objective conditions specified in this provision.he existence of an employment contract depending on the duration should not immediately lead to the rejection of the return-to-work case. Because Article 11 restricts the freedom to enter into a fixed-term employment contract, and the possibility of such contracts depends on the existence of objective conditions specified in this provision. Therefore, when they bind the employment contract to a certain period of time, the judge should examine whether objective and fundamental conditions exist, as a result of the fact that employment contracts have an indefinite period, the party claiming the existence of a certain employment contract is obliged to prove it.

The article 11 of the Labor Law lists as examples the situations that can be considered as objective reasons for the acceptance of the existence of a fixed-term employment contract: the continuation of the work for a certain period of time due to its nature, the completion of a certain work or the occurrence of a certain event.he article 11 of the Labor Law lists as examples the situations that can be considered as objective reasons for the acceptance of the existence of a fixed-term employment contract: the continuation of the work for a certain period of time due to its nature, the completion of a certain work or the occurrence of a certain event. These reasons shown in the Law are not given as restrictions; they are given by way of example; the possibility of establishing a specific employment contract in similar cases is kept open. Because, in the said provision, the expression “depending on objective conditions such as …” is explicitly included.

Turkish legal legislation also includes regulations that make it mandatory or possible to enter into certain employment contracts. For example, Article 9 of the Private Education Institutions Law No.urkish legal legislation also includes regulations that make it mandatory or possible to enter into certain employment contracts. For example, Article 9 of the Private Education Institutions Law No. 5580 According to the 1st paragraph of Article 1, the employment contract to be made between the administrators, teachers, specialist instructors and master instructors working in the institutions and the founder or the founder’s representative is made for a fixed term, in writing, in accordance with the principles specified in the regulation, for a period of at least one calendar year. Thus, it is mandatory that the employment contracts to be made with private school teachers, principals and other managers of the employment contract must be for a certain period of time and not for less than one year.

Article 11, paragraphs 2 and 3 of the Labor Law, regulate that if certain-term employment contracts that are made in a chain do not have a substantial reason, they will retain their certain-term status; otherwise, they will be considered as indefinite-term employment contracts.rticle 11, paragraphs 2 and 3 of the Labor Law, regulate that if certain-term employment contracts that are made in a chain do not have a substantial reason, they will retain their certain-term status; otherwise, they will be considered as indefinite-term employment contracts. If there is an objective reason for the performance of a fixed-term work activity and this reason continues or a new reason has arisen, fixed-term employment contracts should be evaluated as renewable. It is also not necessary that the objective reasons sought in each of them are the same in order for chain employment contracts to maintain their fixed-term nature.

A fixed-term contract concluded between the parties without a valid reason within the meaning of paragraphs 1 and 2 of Article 11 of the Labor Code will be considered an indefinite-term contract, so when the employer notifies that the contract has expired at the expiration of the period, the employee will be able to file a lawsuit within a one-month Decertification period, claiming that the contract has become indefinite-term, that the employer has terminated the employment contract without complying with the notification requirement, as well as that it has been terminated without a valid reason. The beginning of the one-month reduction period is the date on which the employer declares the termination of the contract with the expiration of the period by accepting it as a fixed-term contract, and the notification, which gains the meaning of a termination made by the employer without complying with the notification period, turns into an indefinite-term contract.

According to the file content, the plaintiff started working at the workplace as an expert engineer with a contract dated 1.8.2005, which included a one-year term.ccording to the file content, the plaintiff started working at the workplace as an expert engineer with a contract dated 1.8.2005, which included a one-year term. On the expiry date of 1.8.2006, the contract was renewed with the silence of the parties, the plaintiff continued to work until the date of termination, according to workplace documents, it is understood that the work done by the plaintiff is of a continuous nature, there are no objective conditions that require a fixed-term contract, such as the completion of a certain work, the completion of a project. In this case, it should be accepted that the service contract is of indefinite duration and the claimant can benefit from the job security provisions. Considering the plaintiff’s discomfort and treatment situation, it is clear that the termination made by the employer is not based on a valid reason.In this case, it should be accepted that the service contract is of indefinite duration and the claimant can benefit from the job security provisions. Considering the plaintiff’s discomfort aIn this case, it should be accepted that the service contract is of indefinite duration and the claimant can benefit from the job security provisions. Considering the plaintiff’s discomfort and treatment situation, it is clear that the termination made by the employer is not based on a valid reason.

For the reasons stated, the 20th amendment of the Labor Law No. 4857.article 3.in accordance with the paragraph, the provision had to be eliminated by being overturned and decided as follows.

CONCLUSION : For the reasons stated above;
1- The decision is to be reversed and annulled,
2- The termination by the employer is to be deemed invalid and the plaintiff is to be reinstated at work.
3- The amount of compensation to be paid if the plaintiff is not started to work within the legal period despite applying for a job, despite the employer not starting him/her to work within the legal period, is determined as 4 months’ salary, taking into account the reason for termination and seniority3- The amount of compensation to be paid if the plaintiff is not started to work within the legal period despite applying for a job, despite the employer not starting him/her to work within the legal period, is determined as 4 months’ salary, taking into account the reason for termination and seniority,
Paid pay to the plaintiff 4- In case the plaintiff applies to the employer for The amount of compensation to be paid if the plaintiff is not started to work within the legal period despite applying for a job, despite the employer not starting him/her to work within the legal period, is determined as 4 months’ salary, taking into account the reason for termination and seniority,
Paid pay to the plaintiff 4- In case the plaintiff applies to the employer for a return to work within the time limit, which will be entitled and until the finalization of the decision, up to four months of wages and other rights should be paid to the plaintiff, if the plaintiff is initiated into the work, and the deduction from this receivable of notice and severance, if any, paid,
5- Since the fee has been collected in advance, there is no need to collect it again.
6- Since the plaintiff is represented by a proxy, according to the tariff in force on the date of the decision ( 500.00 ), the TRYL proxy fee should be collected from the defendant and given to the plaintiff

 

 

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WHAT YOU NEED TO KNOW ABOUT AN ARRANGED DIVORCE

The concept of an agreed divorce is 166 of our Turkish Civil Code. article 3. it is arranged in the joke.HAT YOU NEED TO KNOW ABOUT AN ARRANGED DIVORCE

The concept of an agreed divorce is 166 of our Turkish Civil Code. article 3. it is arranged in the joke. According to the article in question, the conditions determined for a negHAT YOU NEED TO KNOW ABOUT AN ARRANGED DIVORCE

The concept of an agreed divorce is 166 of our Turkish Civil Code. article 3. it is arranged in the joke. According to the article in question, the conditions determined for a negotiated divorce must be met.

The first thing to note is that in order to get a negotiated divorce, the spouses must have been married for at least 1 year. Couples who have been married for less than a year must wait for one year to complete in order to be able to divorce by agreement. Of course, the starting date of this 1-year period is the date of the official marriage.

On the other hand, in a negotiated divorce, as the name suggests, the parties must reach a full agreement and understanding on all the legal consequences of the divorce, both material and moral, and prepare a divorce protocol regarding this.n the other hand, in a negotiated divorce, as the name suggests, the parties must reach a full agreement and understanding on all the legal consequences of the divorce, both material and moral, and prepare a divorce protocol regarding this. In the negotiated divorce case filed, the parties must be present before the judge and the results of the submitted divorce protocol must be confirmed before the judge, to which both parties have approved. In cases where one of the parties does not appear before a judge, a divorce decision cannot be made, and the agreed divorce case is postponed to the other hearing in order for the party who does not come to be heard.

If there are children in the marriage union in question, the issue of custody is also important. The protocol prepared in the negotiated divorce case should be arranged in detail in such a way that there is no doubt in terms of custody.

If the judge is convinced that the parties are in full agreement on the issues regarding the material and moral consequences of the divorce specified in the divorce protocol and if he decides that the divorce will be granted in this way after his own evaluation, he will decide on the divorce according to the issues agreed upon between the parties.he judge is convinced that the parties are in full agreement on the issues regarding the material and moral consequences of the divorce specified in the divorce protocol and if he decides that the divorce will be granted in this

 

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Changing the Common Child’s Surname to the Mother’s Surname_1-5

T.C.

SUPREME COURT

2nd Civil Chamber

Case No: 2018/1306Changing the Common Child’s Surname to the Mother’s Surname_1-5

T.C.

SUPREME COURT

2nd Civil Chamber

Case No: 2018/1306

Decision No: 2018/4719
Changing the Common Child’s Surname to the Mother’s Surname_1-5

T.C.

SUPREME COURT

2nd Civil Chamber

Case No: 2018/1306

Decision No: 2018/4719

Decision Date: 09.04.2018

CHANGING THE COMMON CHILD’S SURNAME TO THE MOTHER’S SURNAME

CHILD’S SURNAME WITHIN THE SCOPE OF THE REQUEST – GUARDIANSHIP RIGHT

INCLUDING THE RIGHT TO DETERMINE – THE CHANGE INCLUDES THE CHILD’S

THAT IT IS NOT CONTRARY TO THE SUPERIOR BENEFIT – ACCORDING TO THE ACCEPTANCE OF THE CASE

– THE VERDICT WAS OVERTURNED

SUMMARY: The case is exclusively for the plaintiff mother, who has the right of custody, to change the surname of the common child to her own surname. The right of custody of the mother to change the child’s surname to her own surname relates to the use of powers under the right of custody, including the right to determine the child’s surname under the right of custody, the right to determine the child’s surname under the right of custody, the right of the man in the same legal position to determine the child’s surname recognized under the right of custody to the woman will be treated differently based on gender in terms of using the right of custody, the surname of the family carried by the child born in a marital union, considering that there is no legal regulation preventing the mother, who has been entrusted with the right of custody upon the termination of the marriage union, from changing her surname, in the concrete case, the change in question does not contradict the superior benefit of the child, and the child’s personal situation will not change by changing her surname, it is necessary to decide on the acceptance of the case, taking into account the decisions of the Constitutional Court against the violation of rights given in similar cases.

(2709 P.272709 P. K. m. 10, 209 P. K. m. 10, 20, 41) (4721 S. K.09 P. K. 9 P. K. m. 10, 20, 41) (4721 S. K. m. 27, 282, 29(209 P. K.. 2709 P. K. m. 10, 20, 41) (2709 P. K. m. 10, 20, 41) (4721 S. K. m. 27, 282, 292, 321, 335, 336) (2525 S. K. m. 4) (6216 S. K. m. 50) (ANY. MAH. 08.12.2011 T. 2010/119 E. 2011/165 K.) (ANY. MAH. 25.06.2015 D. 2013/3434 E.) (ANY. MAH. 11.11.2015 T. 2013/9880 E.)

Lawsuit: At the end of the trial between the parties, the judgment given by the Civil Department of the District Court of Justice, the date and number shown above, was appealed by the plaintiff, the document was read and discussed and considered Decently:

Decision: Plaintiff B. stated in his petition dated 12.05.2016 to the police station that; defendant Y.on: Plaintiff B. stated in his petition dated 12.05.2016 to the police station that; defendant They divorced with a final decision on 27.02.2015 with the name of Incel, and their common child is A., born on 17.03.2011. E.E.claiming that he was given custody of the joint child starting school, he had problems with daily transactions due to the difference between the surname “Insel” and the surname “Karakol”, which was his surname before marriage, he had to submit a divorce declaration with a population registration sample to document that he was the mother in child-related transactions, the defendant father was uninterested in the joint child, had not met with the child for a long time and did not pay child support, the child was also annoyed that the mother and child’s surnames were different, and he wanted to carry the same surname as the mother, the partner requested and sued to change the surname of the child to “Karakol”, the surname of the plaintiff mother, the court of first instance, with the decision dated 18.07.2017; “TMK No. 4721.nun 321he partner requested and sued to change the surname of the child to “Karakol”, the surname of the plaintiff mother, the court of first instance, with the decision dated 18.07.2017; “TMK No. 4721.nun 321. according to article A, born on 17.03.2011, if the parents are married, the child will bear the family surname, the “family” stathe partner requested and sued to change the surname of the child to “Karakol”, the surname of the plaintiff mother, the court of first instance, with the decision dated 18.07.2017; “TMK No. 4721.nun 321. according to article A, born on 17.03.2011, if the parents are married, the child will bear the family surname, the “family” statement implies the father, in order to give the child a surname, it will be necessary to check whether the mother and father are married on the date of birth of that child, the surname needs to be changed. E. I.I.The birth date of the child is the date when the parents were married, and the child born within the marriage union is subject to the TMK. Article 3I.The birth date of the child is the date when the parents were married, and the child born within the marriage union is subject to the TMK. Article 321According to the article, the child takes the father’s surname, and once the child’s surname is determined in this way, changing his surname based on the right of custody is not possible in the face of .The birth date of the child is the date when the parents were married, and the child born within the marriage union is subject to the TMK. Article 321According to the article, the child takes the father’s surname, and once the child’s surname is determined in this way, changing his surname based on the right of custody is not possible in the face of the regulation in Article 321 of the Turkish Civil Code. The child’s surname can only be changed after he becomes an adult in accordance with Article 27 of the Turkish Civil Code. in case of the existence of the conditions in the article, by himself or by the father’s TMK.nun 27. The case was dismissed on the grounds that “it is possible if the child changes his/her surname to his/her own surname by proving the conditions in Article …, and unless these two situations occur, the child must carry the father’s surname…” and the decision was appealed by the mother to the 2nd Chamber of the İzmir Regional Court of Justice.ase was dismissed on the grounds that “it is possible if the child changes his/her surname to his/her own surname by proving the conditions in Article …, and unless these two situations occur, the child must carry the father’s surname…” and the decision was appealed by the mother to the 2nd Chamber of the İzmir Regional Court of Justice. The Civil Chamber rejected the plaintiff’s appeal on the merits with its decision dated 14.11.2017 on the grounds that “…the child born within the marriage union takes the father’s surname in accordance with Article 321 of the Turkish Civil Code.” The decision was appealed by the plaintiff mother.

The case is exclusively aimed at replacing the surname of the common child of the plaintiff mother, who has the right of custody, with her own surname.

From the trial and evidence collected; joint child A.roFrom the trial and evidence collected; joint child A. E.the parties were born on 17.03.2011 before the date of marriage, the defendant was recognized by the father on 18.03.2011, the genealogical connection with the father was established, the parties got married on 22.08.2011 and divorced with the final decision on 27.02.2015, tFrom the trial and evidence collected; joint child A. E.the parties were born on 17.03.2011 before the date of marriage, the defendant was recognized by the father on 18.03.2011, the genealogical connection with the father was established, the parties got married on 22.08.2011 and divorced with the final decision on 27.02.2015, the common child together with the divorce decision is A. E.it is understood that the custody of the plaintiff has been left to the plaintiff mother, and the plaintiff mother still has custody rights and responsibilities.

The paternity between the child and the mother is established by birth. The paternity between the child and the father is established by marriage with the mother, recognition or a court decision. Paternity is also established through adoption (TMK art. 282) paternity between the child and the mother is established by birth. The paternity between the child and the father is established by marriage with the mother, recognition or a court decision. Paternity is also established through adhe paternity between the child and the mother is established by birth. The paternity between the child and the father is established by marriage with the mother, recognition or a court decision. Paternity is also established through adoption (TMK art. 282). A child born out of wedlock automatically becomes subject to the provisions regarding children born in wedlock if the parents marry each other (TMK art. 292). If the child, mother and father are married, the child takes the family name. However, if the mother bears a double surname due to her previous marriage, the child takes her celibate surname ta ir (TMK m. 321).

 

Changing the name can only be requested from the court on the basis of just reasons. The change of name is recorded in the population registry and announced. Changing the name does not change the personal status name can only be requested from the court on the basis of just reasons. The change of name is recorded in the population registry and announced. Changhanging the name can only be requested from the court on the basis of just reasons. The change of name is recorded in the population registry and announced. Changing the name does not change the personal status. Any person who is harmed by the change of name may file a lawsuit to have the change decision revoked within one year from the day he learns about it (TMK art.27). The surname is one of the most important elements in determining the identity as an individual and an indispensable, inalienable, which becomes an integral element of the marrow of the individual in essence, and is a right of the marrow, which is strictly connected to the UTI.

 

Guardianship is the name given to the set of rights and obligations that the mother or father has regarding the person’s existence, property and representation of their minor children or restricted adult children (AKINTÜRK, Turgut: Turkish CivilGuardianship is the name given to the set of rights and obligations that the mother or father has regarding the person’s existence, property and representation of their minor children or restricted adult children (AKINTÜRK, Turgut: Turkish Civil Code Vol.2, Family Law, Istanbul 2002, p. 400). Guardianship imposes responsibility on the parent for making mandatory decisions about the child until he/she becomes an adult and makes them competent. In this respect, in modern law, custody is considered as a sum of rights and obligations, as it is a right as well as a power and responsibility in terms of ensuring the best interests of the child.is respect, in modern law, custody is considered as a sum of rights and obligations, as it is a right as well as a power and responsibility in terms of ensuring the best interests of the chn this respect, in modern law, custody is considered as a sum of rights and obligations, as it is a right as well as a power and responsibility in terms of ensuring the best interests of the child. The ultimate purpose of guardianship is to prepare the minor, who has not yet reached adulthood, for future life as an adult (AKYÜZ, Emine Child Law Protection of Children’s Rights, 2012 p.220). Article 335 of Law No. 4721 regarding the right of custody. in the article, the joint use of the right of custody and the powers within this scope during the marital relationship is indicated by stating that the child who is not an adult is under the custody of his parents, custody cannot be taken from the parents unless there is a legal reason; 336. in the article, it was stipulated that the parents will use custody together as long as the marriage continues, the judge can give custody to one of the spouses if the joint life is terminated or separated, custody belongs to the survivor if one of the parents dies, and the child belongs to the party left to him in divorce, and the principle of equality of spouses was tried to be reflected at the point of using the right to custody and the powers it contains.

 

4 Of the Law on Surname dated 21.6.1934 and numbered 2525, which regulates the determination of the surname of the child who is within the scope of the powers within the scope of the right of custody in cases of dissolution of marriage or divorce. The regulation in the second paragraph of Article 25, which states “In cases of annulment of marriage or divorce, even if the child is handed over to the mother, he/she takes the name chosen or to be chosen by the father.” was decided by the Constitutional Court on 8.12.2011, E.latiThe regulation in the second paragraph of Article 25, which states “In cases of annulment of marriage or divorce, even if the child is handed over to the mother, he/she takes the name chosen or to be chosen by the father.” was decided by the Constitutional Court on 8.12.2011, E.2010/119, K.It was annulled by decision number 2011/165 and the reason for the annulment decision included a reference to the provisions of international conventions that emphasize the need for men and women to have equal rights and responsibilities during marriage and upon the termination of marriage, and that the spouses 10 of the Constitution of the contested rule, stating that they are in the same legal position in terms of the rights and obligations they have during the continuation of marriage and divorce, that the lack of the right to choose the surname of the child recognized by the man within the scope of the right of custody to a woman will lead to discrimination by gender in terms of the exercise of the right of custody.0 of the Constitution of the contested rule, stating that they are in the same legal position in terms of the rights and ob

 

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T..C. Supreme Court

3.Criminal Department
Originally: 2017/6688
The Verdict: 2018T.C. Supreme Court

3.CT.C. Supreme Court

3.Criminal Department
Originally: 2017/6688
The Verdict: 2018/607
Decision Date: 22.01.2018

THE CRIME OF WOUNDING – WHEN THE PARTICIPANT IS INJURED IN SUCH A WAY AS TO CAUSE BOTH A LIFE-THREATENING SITUATION AND A BONE FRACTURE – THE NEED TO MOVE AWAY FROM THE LOWER LIMIT

SUMMARY: In the face of the fact that the participant was injured in a way that caused both a life-threatening situation and a bone fracture as a result of the defendant’s wounding action, it should be taken into account that this situation can only be made the reason for moving away from the lower limit in determining the basic penalty, and the defendant will only be responsible for the wounding action in a way that causes a life-threatening situation, which is the most severe consequence.RY: In UMUMMARY: In the face ociUMMARY: the face of the fact that the participant was injured in a way that caused both a life-threatening situation and a bone fracture as a result of the defendant’s wounding action, it should be taken into account that this situation can only be made the reason for moving away from the lower limit in determining the basic penalty, and the defendant will only be responsible for the wounding action in a way that causes a life-threatening situation, which is the most severe consequence.

(5237 P. K. m. 53, 86, 87) (ANY. MAH. 08.10.2015 D. 2014/140 E. 2015/85 K.)

The decision given by the local court is appealed by reading the documents;

The need was discussed and considered;

To the rejection of other appeals that are not seen on the spot, but;

As a result of the defendant’s wounding action, the participant was injured in such a way as to cause both a situation that endangers his life and a bone fracture, this situation can only be made the reason for moving away from the lower limit in determining the basic penalty, without considering that the defendant will only be responsible for an act of wounding that will cause a situation that endangers his life, which is the most severe consequence, after the application according to articles 86/1, 87/1-d-last of the TCK 87/3.As a result of the defendant’s wounding action, the participant was injured in such a way as to cause both a situation that endangers his life and a bone fracture, this situation can only be made the reason for moving away from the lower limit in determining the basic penalty, without considering that the defendant will only be responsible for an act of wounding that will cause a situation that endangers his life, which is the most severe consequence, after the application according to articles 86/1, 87/1-d-last of the TCK 87/3. Excessive punishment is assigned to the defendant by increasing the penalty in accordance with Article ,

Although it is fixed by the doctor’s report and the defendant’s confession in accordance with the participant’s statement that the defendant performed his action with a stool that counts as a weapon, incomplete determination of punishment by not applying the last articles 86/3-e and 87/1-of the TCK about the defendant Although it is fixed by the doctor’s report and the defendant’s confession in accordance with the participant’s statement that the defendant performed his action with a stool that counts as a weapon, incomplete determination of punishment by not applying the last articlAlthough it is fixed by the doctor’s report and the defendant’s confession in accordance with the participant’s statement that the defendant performed his action with a stool that counts as a weapon, incomplete determination of punishment by not applying the last articles 86/3-e and 87/1-of the TCK about the defendant,

With the decision of the Constitutional Court dated 24.11.2015 and numbered 29542 and numbered 08.10.2015 and numbered 2014/140 esas-2015/85 decision, which entered into force through publication in the Official Gazette numbered53 of the Turkish Penal Code numbered 5237. there is an obligation to re-evaluate the legal status of the accused in terms of deprivation of rights due to the cancellation of some provisions in the article,

Since the defendant’s appeals were considered on the spot in this respect, the judgment required to be overturned, for these reasons, 33 of Law No. 6723. article 8/1 of the Law No. 5320 as amended.ince the defendant’s appeals were considered on the spot ince the defendant’s appeals were considered on the spot in this respect, the judgment required to be overturned, for these reasons, 33 of Law No. 6723. article 8

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