A negative declaratory action is a type of declaratory action filed to prove that the debtor is not indebted. In this case, it is requested from the court to determine that the claimed right or legal relationship does not actually exist. The person who is claimed to be in debt can put forward different reasons...
The fulfillment of the obligations agreed in the contract as required is required by the pacta sunt servanda (commitment to the promise), one of the general principles of the law. One of the parties to the contract must fulfill what he undertakes to do or give, as agreed in the contract. As a rule, the...
The provisional attachment is the process of temporarily seizing the property and rights of the debtor, at the request of the creditor, in order to guarantee the debtor’s payment of money debt. If the creditor files a lawsuit or initiates an enforcement proceeding in order to obtain the right to claim, he/she may request the...
The party from whom payment is requested with the claim that she/he is a debtor in the enforcement proceeding is called the debtor of the proceeding. The debtor of the proceeding, who thinks that she/he is not indebted and does not want to pay, may resort to various ways in order not to pay the...
A flat-for-land construction agreement is a contract made between landowners and a contractor (developer), where the subject of the agreement is a construction project. In this agreement, landowners allocate their land to the contractor for the purpose of constructing a building. In return, the contractor assumes the obligation to construct the building on the allocated...
The creditor who wants to collect her/his receivables from the debtor must initiate an enforcement proceeding and have the debtor’s goods seized and sold. However, the debtor may have tried to dispose of the movable and immovable properties in her/his possessions, as she/he foresees that the creditor will have the property seized. Although the debtor’s...
The payment order sent to the debtor in the execution proceeding may be finalized because the debtor has not objected or the objection made by the debtor has been withdrawn or cancelled. If the payment order is finalized, the next stage in the execution proceedings is the seizure. At the request of the creditor, the...
A provisional attachment is the temporary seizure of the debtor’s property in order to secure the creditor’s receivables. In order to claim a provisional attachment, it is sufficient to have a receivable belonging to the creditor that has not been secured by a pledge and has not been paid yet. It is only possible to...
13/1 article of the Value Added Tax Law No. 3065. clause (I) in clause provided is written in the law in Turkey, the non-resident Turkish citizens and foreign real persons in Turkey and legal entities that is not centered in Turkey and who do not profit in Turkey, non-business purchases to be applied in housing...
Construction contracts are bilateral contracts in which the parties mutually have a number of rights and obligations. In this agreement, the mutual parties are named as the contractor and the employer. The contractor undertakes to build and deliver a building to the owner of the work or land plot in exchange for a fee or...
