Civil Law
Divorce Case
08.09.20262 min read
A divorce case is a lawsuit filed with the aim of legally terminating the marriage union. In Turkey, this process is conducted within the framework of legal regulations and court decisions. A divorce case can proceed in different ways depending on the circumstances and demands of the parties involved.
Grounds for Divorce
There are various reasons for filing a divorce case. Generally, the grounds for divorce can be categorized into two main groups:
- Subjective Reasons: Actions by one party that make the marriage union unbearable, such as infidelity, violence, or abandonment.
- Objective Reasons: Reasons such as the inability of the parties to maintain a common life, disagreements, and communication deficiencies.
Process of Divorce Case
The process of filing a divorce case includes several steps:
- Filing the case: One of the parties files a divorce case with the competent court.
- Response: The other party responds to the court and may present their own demands.
- Hearings: The court listens to the parties and evaluates the evidence.
- Decision: The court accepts or rejects the divorce request.
A divorce case is an important legal process for protecting the rights of the parties during the divorce process. Therefore, obtaining legal support may be beneficial.
Legal Processes After Divorce
Following the divorce case, there may be additional legal processes between the parties:
- Property division: The division of acquired assets between spouses.
- Child custody: A decision regarding who will have custody of the children after the divorce.
- Spousal support: Financial support that one spouse is obligated to provide to the other.
In conclusion, a divorce case is a multifaceted legal process. It is important to conduct it carefully to protect the rights of the parties and achieve a fair outcome. Seeking legal support during the divorce process can help better protect the rights of the parties involved.
This article is for general information purposes only and does not constitute legal advice. Please consult a lawyer about your specific situation.
Law of Obligations
What is a Deposit and Its Legal Dimensions
08.09.20262 min read
A deposit is generally an amount paid by one party (usually the tenant) to another (usually the landlord) as a security under a contract. This amount is taken to provide assurance during the performance of the contract between the parties. The deposit is a common practice, especially in lease agreements.
Purpose of the Deposit
The primary purpose of the deposit is to protect the interests of the landlord (or the other party). If the tenant fails to comply with the terms of the contract, the deposit may be used to compensate the landlord for any damages. Additionally, it can provide a guarantee for the protection of the tenant's belongings.
Deposit Amount and Refund Process
The amount of the deposit is determined between the parties prior to the contract. The tenant may request the return of the deposit when the contract ends. However, the landlord may have certain rights regarding the return of the deposit. For example, if the tenant does not comply with the contract terms, the landlord may have the right to use the deposit. At this point, the rights and obligations of the parties should be clearly defined in the contract.
Important Points
- The deposit is a security and is an amount that must be refunded at the end of the contract.
- The conditions of the deposit should be clearly stated in the contract made between the parties.
- In the event of the termination of the lease agreement, an application for the return of the deposit must be made within a certain period.
To prevent disputes related to the deposit, it is important to prepare contracts carefully and to protect the rights of both parties.
Conclusion
In conclusion, the deposit plays an important role, especially in lease agreements. Clearly defining the rights and obligations of the parties will help prevent potential disputes. The deposit is a critical mechanism for protecting the interests of both the landlord and the tenant.
This article is for general information purposes only and does not constitute legal advice. Please consult a lawyer about your specific situation.
Real Estate Law
Tenant Rights
07.09.20262 min read
A lease agreement is a contract between the tenant and the landlord that defines the rights and obligations of the parties. The rights of tenants are protected in various ways based on this agreement.
Fundamental Rights of Tenants
Some fundamental rights of tenants include:
- Determination of Lease Term: Tenants have the right to remain in the leased property for the duration specified in the lease agreement.
- Right to Use the Leased Property: The tenant has the right to use the leased property in accordance with the lease agreement.
- Maintenance and Repair of the Property: The tenant has the right to request maintenance and repairs that are the landlord's responsibility for the leased property.
- Right to Not Be Evicted Without Notice: A tenant cannot be evicted by the landlord without notice unless there are legal grounds.
Protection of Tenants
The protection of tenant rights ensures a balance between the parties to the lease agreement. Since tenants are subject to certain rules regarding the increase of rent, they have the opportunity to protect their rights during this process.
Modification of Contract Terms
The tenant and the landlord may mutually modify the terms of the lease agreement. However, these modifications must be made with the consent of both parties.
The rights of tenants are guaranteed by legal regulations. Tenants should pay attention to legal processes when exercising their rights.
Conclusion
Tenant rights are crucial for the healthy conduct of the leasing process. Tenants should act with awareness of their rights and seek legal support when necessary.
This article is for general information purposes only and does not constitute legal advice. Please consult a lawyer about your specific situation.
Real Estate Law
Lease Disputes and Eviction Cases
07.09.20264 min read
Residential and covered workplace leases are subject to special provisions protecting tenants under the Turkish Code of Obligations. In practice, a significant portion of disputes arises not from whether the parties are justified, but from missing the deadlines stipulated by law.
First Mediation
Since September 1, 2023, it is a prerequisite to apply to a mediator before filing a lawsuit in disputes arising from the lease relationship (such as eviction, rent receivables, determination of rent amount). A lawsuit filed before the mediation phase is completed will be dismissed on procedural grounds.
Main Reasons for Eviction from the Lessor's Perspective
- Written Eviction Commitment: A written commitment containing a date must be provided after the lease agreement is established. Enforcement proceedings or a lawsuit must be initiated within one month from the committed date.
- Need: The lessor must have a genuine and sincere need for housing or a workplace for themselves, their spouse, their descendants, their ancestors, or those they are responsible for. The property evicted for this reason cannot be leased to anyone other than the former tenant for three years without just cause.
- Two Valid Warnings: If the tenant has caused two written valid warnings to be sent due to non-payment of rent within a rental year, a lawsuit for eviction can be filed within one month starting from the end of the rental year.
- Ten Extension Years: In contracts that continue by extension, termination without cause is possible at the end of ten extension years, provided that notification periods are adhered to.
Deadline Warning: Almost all eviction reasons are dependent on a one-month lawsuit filing period. Missing this period results in the inability to exercise that right for the relevant period.
From the Tenant's Perspective
In renewed rental periods, the increase rate cannot exceed the twelve-month average of the consumer price index from the previous rental year. The contract text and payment records are decisive against deposit, dues, and eviction claims; sending the rent amount through the bank with detailed explanations greatly facilitates future proof.
Each lease dispute is evaluated additionally based on the text of the contract, the parties' practices to date, and the available documents.
This article is for general information purposes only and does not constitute legal advice. Please consult a lawyer about your specific situation.
Criminal Law
You Have Been Summoned for a Statement: Rights of the Suspect and Witness
07.09.20263 min read
A summons for a statement from law enforcement or the prosecutor's office can be unsettling for most individuals. However, understanding how the process works and knowing your rights can prevent mistakes during the initial statement, which is the most critical phase of the case.
In what capacity have you been summoned?
The summons document indicates whether you are called as a witness or as a suspect, and the difference between the two is significant. A witness is obliged to accurately convey what they know; they only have the right to refuse to testify in cases specified by law. A suspect, on the other hand, is a person against whom a crime is alleged and has specific rights granted to them.
Rights of the Suspect During the Statement
- To learn about the crime attributed to them,
- To benefit from the assistance of a defense attorney; if unable to choose, to request the appointment of a defense attorney by the bar association,
- The right to remain silent: not to make a statement regarding the alleged crime,
- To request the collection of evidence in their favor,
- To request notification of their relatives.
In certain cases, the presence of a defense attorney is mandatory: for crimes that carry a minimum sentence of more than five years of imprisonment, statements from children and those unable to defend themselves cannot be taken without a defense attorney.
Important: A statement taken by law enforcement without the presence of a defense attorney cannot be used as evidence unless verified in the presence of a judge or court. Nevertheless, the initial statement effectively determines the course of the investigation.
Before the Statement
Keep the summons document; if you cannot attend on the specified date, inform them of your excuse, as failing to attend without an excuse may lead to a decision for compulsory attendance. If possible, consult with a lawyer before the statement; your lawyer will be present with you during the statement, and you will review the record together before signing it.
This article is for general information purposes only and does not constitute legal advice. Please consult a lawyer about your specific situation.
