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LESION & OVERUSE

Despite the freedom of the contract, one of the parties exploiting the weakness of the other party by creating an excessive value difference between the acts is called lesion, that is, excessive exploitation/overuse. It is a clear restriction on the freedom of contract. Turkish Code of Obligations article 28/1: “If there is a clear disproportion […]

OCCUPATIONAL SICKNESS

Occupational disease is defined according to Article 14 of the Social Insurance and General Health Insurance Law No. 5510. According to that definition; ”Temporary or permanent illness, physical or mental disability, which the insured suffers due to a recurring reason cause of the nature of the work or the performance of the work.” The insured […]

DIVORCE SUIT AND REASONS

A marriage made under the supervision of an official can only be terminated by a judge’s decision if there are legal grounds for divorce. The reasons for divorce cases, which are divided into two as contested or uncontested, are as follows; adultery, intent to harm, mistreatment of the spouse, divorce from the spouse who committed […]

PROBATIONARY EMPLOYMENT CONTRACT

As we mentioned in our previous article on Labor Law, one type of employment contract is a “probationary employment contract”. Trial period; With a provision in the employment contract, it is defined as the period in which the worker sees the working conditions and determines his suitability for the job, and the employer measures the […]

ALIMONY AND COMPENSATION ARISING FROM DIVORCE CASES

As the financial results of the divorce case, material and moral compensation, child support, alimony ad interim, poverty alimony can be decided. In our previous article, we talked about the process of the divorce case. In this article, we will make explanations about these issues, which are perhaps the most curious about the divorce process. […]

OCCUPATIONAL ACCIDENTS LAWSUITS

According to the 13th article of the Social Insurance and General Health Insurance Law No. 5510, work accident; While the insured is at the workplace, If the insured works independently on his own behalf and account due to the work carried out by the employer, When the insured working for an employer is sent to […]

NEGATIVE DECLARATORY AND REPLEVIN ACTION

Before or during an enforcement proceeding, the lawsuit that must be filed in accordance with Article 72 of the Enforcement and Bankruptcy Law in order to determine whether the debtor is indebted to the creditor is the “negative declaratory action“. In this case, which has a negative determination as to whether there is a claim […]

CONSTRUCTION AGREEMENT IN RETURN FOR FLAT

A “construction contract in return for flat” is made between the purveyor (contractor) or construction companies and the land owners for the construction of a building on an empty land or the reconstruction of the existing building. This contract, which is not directly regulated in the law, is actually a mixed contract formed by the […]

PRELIMINARY CONTRACT FOR REAL ESTATE SALE

The parties want to stipulate the establishment of the main contract with the preliminary contract for real estate sale, which is a preliminary contract and gives the right to demand the conclusion of the contract of sale of the immovable. In other words, it is a commitment to make an immovable sale contract, which must […]

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