| ONLINE CONSULTATION | İstanbul Lawyer Office

“Time Limit for Filing a Full Jurisdiction Action After the Dismissal of an Annulment Case”

“Time Limit for Filing a Full Jurisdiction Action After the Dismissal of an Annulment Case”

A full jurisdiction action (also known as a compensation lawsuit) is a type of administrative lawsuit filed by a person who has suffered material or moral damages as a result of an act, action, or omission of the administration, with the aim of obtaining compensation for those damages. This type of lawsuit derives its legal basis from Article 125 of the Constitution.   A full jurisdiction action can be filed in four different ways:   Filing a direct full jurisdiction action within the period prescribed for bringing an annulment action against the administrative act that violates one’s rights;   Filing both an annulment action and a full jurisdiction action together within the time limit for challenging the administrative act that violates one’s rights;   Filing a full jurisdiction action within the prescribed time limit following the notification of the judgment rendered in an annulment action brought against the administrative act that violated one’s rights;   Filing a full jurisdiction action within the prescribed time limit due to damages arising from the execution of an administrative act that violated one’s rights.  ..

Tags:
READ MORE
THE CONSTITUTIONAL COURT ANNULS THE PROVISION ON THE CONSOLIDATION OF CASES UNDER ARTICLE 166 OF THE CODE OF CIVIL PROCEDURE (HMK)

THE CONSTITUTIONAL COURT ANNULS THE PROVISION ON THE CONSOLIDATION OF CASES UNDER ARTICLE 166 OF THE CODE OF CIVIL PROCEDURE (HMK)

The Nevşehir 4th Civil Court of First Instance and the Istanbul Anadolu 15th Civil Court of Peace requested the annulment of Article 166/1 of the Code of Civil Procedure (HMK), arguing that under the contested provision, when a consolidation decision is made in cases filed before courts of the same level and jurisdiction, such a decision binds the other court, and an appeal against this decision can only be made together with the final judgment. Therefore, it was asserted that the first court where the case was filed has no opportunity to review the consolidation decision. This situation was claimed to be incompatible with the principles of the rule of law, the right to legal remedies, the guarantee of a lawful judge, and the independence of the judiciary. Accordingly, the rule was alleged to violate Articles 2, 13, 36, 37, and 138 of the Constitution, and its annulment was requested. Upon evaluation, the Constitutional Court ruled that the phrase “...and this decision shall be binding on the other court...” contained in Article 166(1), second sentence, of the Code of Civil Procedure No. 6100 dated 12 January 2011, is unconstitutional and decided to annul it...

Tags:
READ MORE
Administrative Law

Administrative Law

At Uzunpınar & Tüfek Law Firm, we provide comprehensive and strategic solutions for individuals and corporate clients who face rights violations in their interactions with public institutions. Administrative law is the field that protects the rights of individuals and businesses against the actions of state organs and public authorities. We are committed to effectively defending our clients’ rights in this area...

Tags:
READ MORE
RENT DETERMINATION LAWSUIT AND PROCEDURES FOLLOWING THE JUDGEMENT

RENT DETERMINATION LAWSUIT AND PROCEDURES FOLLOWING THE JUDGEMENT

WHAT IS A RENT DETERMINATION LAWSUIT UNDER ARTICLE 344/3 OF THE TURKISH CODE OF OBLIGATIONS NO. 6098? Regardless of whether the parties have reached an agreement on this matter, in lease agreements lasting more than five years, or renewed after five years, and at the end of each subsequent five-year period, the rent applicable for the new rental year shall be determined by the judge in accordance with the rate of change based on the twelve-month average of the consumer price index, the condition of the leased property, and comparable rental values, ensuring fairness and equity. Both the tenant and the landlord may file a rent determination lawsuit for residential and roofed commercial premises...

Tags:
READ MORE
ACQUISITION OF TURKISH CITIZENSHIP BY FOREIGN INVESTORS

ACQUISITION OF TURKISH CITIZENSHIP BY FOREIGN INVESTORS

As is known, one of the ways of acquiring Turkish citizenship through an administrative decision is the acquisition of Turkish citizenship by foreign investors under the title of “exceptional acquisition of Turkish citizenship.” This process is regulated under Article 20 of the Regulation on the Implementation of the Turkish Citizenship Law. Individuals falling within the scope of this article must first obtain a certificate of conformity, then acquire a residence permit pursuant to Article 31/1-j of the Law No. 6458 on Foreigners and International Protection, and finally submit their citizenship application. In summary, the process for a foreign investor to acquire Turkish citizenship consists of three main stages...

Tags:
READ MORE
Commercial Law

Commercial Law

  In-Depth Expertise in Commercial Law..

Tags:
READ MORE
Corporate Law

Corporate Law

  Corporate law goes far beyond company formation — it covers every stage from incorporation to liquidation...

Tags:
READ MORE
Urban Transformation Law

Urban Transformation Law

  Urban transformation law is a specialized branch of law that regulates the legal relationships arising in the processes of identifying, evacuating, demolishing, and reconstructing buildings at risk of disasters..

Tags:
READ MORE
Real Estate Law

Real Estate Law

  Real estate law is the branch of law that covers all transactions related to immovable properties such as land, plots, residences, and commercial properties, as well as the disputes that may arise from these transactions...

Tags:
READ MORE