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Penalty Clause In Case The Contractor Falls Into Default On The Deliverment Of The Work (ÇEVİRİ)

Penalty Clause In Case The Contractor Falls Into Default On The Deliverment Of The Work (ÇEVİRİ)

  A penalty clause is dependent on the existence of the principal obligation, in other words, it is an accessory obligation connected to the principal obligation. This is because the penalty clause secures the principal obligation. The penalty clause can be stipulated either in the main contract or in a separate contract concluded subsequently. The penalty clause can be the payment of a sum of money or it can also involve obligations in property other than money. In accordance with Article 182/I of the TCC and the principle of freedom of contract, the parties to the contract may freely agree on the penalty clause and its amount. However, pursuant to Article 182/III of the TCC, if the judge deems the amount of the penalty clause agreed upon by the parties to be excessive, the judge shall reduce it ex officio. Conversely, Article 182/III of the TCC In accordance with Article 22, if the contractor is a merchant, a penalty clause cannot be reduced on the grounds that it is excessive. However, this rule applies if the penalty clause is detrimental to the merchant contractor and violates morality and etiquette.  ..

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APKIS optional rights (ÇEVİRİ)

APKIS optional rights (ÇEVİRİ)

ELECTIONAL RIGHTS IN THE EVENT OF THE CONTRACTOR'S DEFAULT IN THE DELIVERY OF THE WORK There is no specific provision in the TCC regarding the contractor's default in the delivery of independent sections in a construction contract in exchange for a land share. Therefore, if the contractor defaults in the delivery of independent sections, the general provisions of the TCC and, where applicable, the provisions pertaining to the work contract will apply. The institution of the debtor's default in Articles 117 and 118 of the TCC and the related provisions will apply to the contractor's default in the delivery of independent sections and the consequences thereof. In this context: For a contractor to be in default on their obligation to deliver the independent sections, the obligation must be due and payable, the independent sections must not be delivered, the landowner must have provided a warning, and there must be no reasons preventing the default. However, the contractor's default on their obligation to deliver the independent sections is not, as a rule, required to be at fault. However, justified delay may prevent the contractor from defaulting because it eliminates the delay in f..

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Matters to be taken into consideration when applying to the Constitutional Court (ÇEVİRİ)

Matters to be taken into consideration when applying to the Constitutional Court (ÇEVİRİ)

IMPORTANT POINTS TO CONSIDER WHEN APPLYING TO THE CONSTITUTIONAL COURT 1. WHAT IS AN INDIVIDUAL APPLICATION?An individual application is a remedy through which anyone can seek legal remedies against any of the fundamental rights and freedoms guaranteed by the Constitution, as covered by the European Convention on Human Rights and its additional protocols to which Turkey is a party (Protocol Nos. 1, 4, 6, 7, 13, and 15), all of which have been violated by public authorities...

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Things to Consider When Applying to the ECHR (ÇEVİRİ)

Things to Consider When Applying to the ECHR (ÇEVİRİ)

WHAT SHOULD BE CONSIDERED WHEN APPLYING TO THE EUROPEAN COURT OF HUMAN RIGHTS? An application to the European Court of Human Rights is deemed to have been submitted after all national legal remedies have been exhausted and the application form found at (https://www.echr.coe.int/Pages/home.aspx?p=applicants/tur&c=) is duly and completely completed and sent to the address below via registered mail via PTT. Your application will be reviewed free of charge. This means there is no fee or cost to apply individually.  The RegistrarEuropean Court of Human RightsCouncil of Europe67075 Strasbourg cedexFRANCE If the Court determines that your application has been submitted in full, you will receive a notification confirming its receipt. After your application is processed, it will be reviewed in its entirety. The court's workload is quite heavy, and it's impossible to specify a precise timeframe for review.The ECtHR's trial procedure is, in principle, written. You will be informed in writing of all decisions made by the court regarding your application. The ECtHR will first review your application based on "admissibility criteria." If the complaints submitted are deemed inadmissible, ..

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Corporate Law

Corporate Law

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

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Criminal Law

Criminal Law

Criminal Law Criminal law is a branch of public law that regulates criminal acts and the legal penalties for these acts. Its main goal is to protect social order and the fundamental rights of individuals. Crimes such as intentional killing, fraud, embezzlement, threats, drug trafficking, sexual offenses, forgery, and abuse of power fall under this field. These accusations do not only create legal consequences. They also affect a person’s freedom, reputation, and social life. Because of this, criminal cases must be handled with legal expertise and strategic thinking.A criminal case goes through many stages. These include police questioning, the prosecutor’s investigation, court hearings, and if needed, appeals. During these stages, the presumption of innocence is essential. A person cannot be seen as guilty until there is a final decision by a court. Another important rule is the right to be protected from unjust harm to one’s reputation. This right ensures that people do not suffer unfair damage to their name or image during an investigation. Even if there is an allegation, no one should be treated like a criminal unless there is clear and lawful evidence.At Uzunpınar TÜFEK Intern..

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