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Procedure for Entitlement in Seizure (ÇEVİRİ)

Procedure for Entitlement in Seizure (ÇEVİRİ)

PROCEDURE FOR CHARGES IN SEIZURE A. GENERAL INFORMATIONAlthough the debtor is the addressee of the enforcement proceedings, property believed to belong to the debtor but belonging to third parties can also be seized. The enforcement officer, taking into account the principle of order in seizure, may only seize property whose seizure is not prohibited by law. This principle serves not to collect the debt under any circumstances, but rather to establish a balance of interests between the creditor and the debtor. The enforcement officer has no other discretion and cannot assess whether the seized property actually belongs to the debtor.SEQUENCE IN SEIZURE: Only the debtor's property can be seized to the extent that it covers the principal and interest of the debt, as well as the enforcement expenses; no more can be seized (Article 85, I). However, when seizing sufficient property to cover the debtor's debt, it is necessary to begin with the property whose absence will least burden the debtor and is easiest to seize and sell. In other words, when seizing a debtor's property, a specific order is observed, which is called the order of seizure. Disputed property refers to property declar..

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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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LAWSUIT FOR DETERMINATION OF BEING THE SAME PERSON

LAWSUIT FOR DETERMINATION OF BEING THE SAME PERSON

LAWSUIT FOR DETERMINATION OF BEING THE SAME PERSON People occasionally experience hardship due to discrepancies in official records. In some cases, Civil Registry Offices are inadequate and lack the authority to resolve this issue. In such cases, individuals must apply to the courts for a determination of the grievance...

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Frequently Asked Questions About Apostille (ÇEVİRİ)

Frequently Asked Questions About Apostille (ÇEVİRİ)

QUESTIONS ABOUT APOSTILLE For a document or decision obtained from a foreign country's official authorities to be valid in Turkey, the foreign decision (e.g., court decision) or document (e.g., notarial deed) must be certified (attested) by the Turkish consulate or authority in the country where it was issued. For example, for an administrative or judicial document obtained from Cuba to be valid in Turkey, this official document must be certified by the Turkish Embassy or Consulate in Cuba.The reverse is also true. In other words, for a court decision or document obtained in Turkey to be valid in a foreign country (e.g., Germany), it must be certified by the Turkish consulate of that country. For example, if a notarial document obtained from Turkey is intended to be used in Canada, this notarial document must be certified by the Canadian Embassy in Turkey.Here are some countries regarding the validity of these foreign documents and decisions in other countries: In order to abolish the requirement for certification by their own foreign missions, they prepared a multinational agreement called the "Hague Convention on the Abolition of the Requirement for Legalization of Foreign Offi..

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Commercial Law

Commercial Law

  In-Depth Expertise in Commercial Law..

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