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.
Enforcement Law
Payment Order Received: What to Do Within 7 Days?
07.09.20262 min read
In enforcement proceedings without a court order, a payment order is served to the debtor. This document does not imply that the creditor's claim has been examined by the court; however, if no action is taken within the specified time, the proceedings become definitive.
Objection period and outcome
An objection can be made in writing to the enforcement office within seven days from the notification of the payment order. An objection made within the time limit automatically suspends the proceedings. If no objection is made, the proceedings become definitive; the debtor is obliged to declare their assets within seven days, and the seizure phase may commence.
7 days — the period begins to run from the date of notification. If there has been a notification made without your knowledge, a complaint regarding improper notification may arise; in this case, legal assistance should be sought without delay.
What can the creditor do?
A creditor wishing to continue the proceedings that have been suspended by an objection may file a lawsuit for the annulment of the objection in the general court within one year, or if they have a document of the type specified by law, they may request the removal of the objection from the enforcement court within six months. If the objection is found to be unjustified, enforcement compensation may be awarded against the debtor, not less than twenty percent.
From the debtor's perspective
A person who believes they are not actually indebted may request a determination of non-indebtedness through a negative declaratory action. If the enforcement is based on a check or promissory note (specific to enforcement proceedings for negotiable instruments), the rules differ: the objection must be made to the enforcement court within five days and does not automatically suspend enforcement actions other than the sale. Therefore, the type of document you have directly determines the course of action to be followed.
This article is for general information purposes only and does not constitute legal advice. Please consult a lawyer about your specific situation.
Civil Law
Divorce Case: Uncontested and Contested Process
07.09.20263 min read
Divorce cases are conducted through two different procedures, and the choice of which one to follow directly affects the duration, cost, and the strain experienced by the parties.
Uncontested divorce
If the marriage has lasted at least one year, the spouses can jointly apply for divorce by agreeing on the financial consequences and the situation of the children, or one spouse can accept the case initiated by the other. The judge hears the parties personally, and if the protocol is deemed appropriate, a decision can be made in a single session.
Protocol warning: The uncontested divorce protocol can lead to consequences that are difficult to change in the future, ranging from alimony to property division. Each clause should be carefully evaluated before signing.
Contested divorce
If the parties cannot agree, the case is seen as contested. The most commonly cited reason in practice is the fundamental breakdown of the marriage; special reasons such as adultery, attempted murder, and severe maltreatment, as well as abandonment, are also regulated separately in the law. The court assesses fault based on evidence obtained through lawful means and witness testimonies.
Alimony, custody, and property
- Interim alimony: Can be awarded for the spouse and children during the course of the case.
- Poverty alimony: Can be granted to the spouse who will fall into poverty due to the divorce and is not more at fault.
- Participation alimony: The contribution of the spouse who is not granted custody to the child's expenses.
- Custody: Determined according to the best interests of the child.
- Property division: Properties acquired after 2002 are generally subject to the regime of participation in acquired property; liquidation is requested through a separate case from the divorce.
Which procedure is appropriate is determined by evaluating the grounds for agreement, evidence, and requests together.
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
Before Signing the Contract: 7-Item Checklist
07.09.20263 min read
Freedom of contract means that the parties can largely determine the content freely; however, after signing, the bargaining power is significantly lost. Reviewing the following clauses before signing prevents a significant portion of disputes from arising.
- Parties: Titles, identity or tax information must be written correctly; it should be confirmed that the signatory is authorized in companies.
- Definition of obligations: What, of what nature, and when will be delivered or performed must be clearly specified.
- Price and payment plan: The amount, due dates, and applicable interest in case of delay must be clarified.
- Duration and termination: The duration of the contract and the conditions under which it can be terminated must be regulated.
- Penalty clause: The amount to be paid in case of violation should be foreseeable; the judge may reduce the penalty clause if deemed excessive as a rule.
- Dispute resolution: The competent court or arbitration or mediation record should be determined.
- Annexes and amendment procedure: It should be stipulated that annexes are part of the contract and amendments will be made in writing.
Why should it be in writing?
For most contracts, a written form is not a condition of validity; however, it is decisive in terms of proof. Transactions above a certain amount generally require proof by a deed. It is advisable to keep email and message correspondence as supporting records.
Practical rule: Do not sign any clause that you do not understand or that you think "will not be enforced anyway." In case of a dispute, the text will be applied as it states.
Including seemingly standard texts, it is a small step compared to the risks involved to legally review every important contract before signing.
This article is for general information purposes only and does not constitute legal advice. Please consult a lawyer about your specific situation.
