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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...
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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...
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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...
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Unless there is a legal reason and as long as the marriage of the parents continues, the custody foreseen for the care, protection and representation of the minor child (the minor, the disabled in exceptional cases) belongs to both parents. Joint custody means that the spouses are equal in terms of rights and responsibilities in...
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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...
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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...
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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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In Article 89 of the Turkish Commercial Code, an arrangement has been made for two persons to collectively request their receivables arising from any legal reason or relationship, rather than separately. The relevant regulation is called the “Current/Checking Account Agreement”. According to the definition in this article; With the current account contract, the parties get...
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Contracts in which the care debtor undertakes to take care of the care creditor until his death, and the care creditor undertakes to transfer all or some of his assets to him in return for the care act are called “Contract For Lifelong Support”. In this contract, which imposes debts on both parties; The maintenance...
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Due to the importance of lease provisions in the Turkish Code of Obligations, rental prices and their increase are also discussed. You can find general information about lease agreements in our previous articles. First of all, in order to determinate the rental price through a lawsuit, there must be a rental agreement. Since there is...
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