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Frequently Asked Questions About Site and Apartment General Assembly Meeting

Regulations regarding site and apartment management are included in the Condominium Ownership Law (KMK). Particularly, questions such as how the general assembly meetings of the estates or apartments should be held, voting in the general assembly of the estates and how the representation of the votes will be ensured are wondered by the interested parties. In this bulletin, voting in apartment and site general assemblies, representation of votes, votes required for general assembly resolutions...

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ACTIONS FOR DAMAGES OPENED DUE TO WRONG REGISTRATION OF THE LAND REGISTRATION

Land registry records are official registries that document who owns the immovables, the shareholders and their shares on the immovables, the area of ​​the immovables, the island/parcel numbers, whether the immovables are pledged or whether there is a cautionary decision on them. As a rule, ownership of an immovable is acquired only with the official transfer process to be made in the land registry and the registration to be made in the land registry as a result. This process is called “registration”. Pledge on real estate...

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RESPONSIBILITY TO COMPENSATE DAMAGES DUE TO THE NEIGHBORS OF THE PROPERTY OWNER

In our law, a person is obliged to compensate for the damages he has caused to others through his unlawful and faulty behavior. This is called the faulty liability principle. However, in some cases, the legislator has deemed the occurrence of a loss due to unlawful behavior sufficient for the liability to indemnify. In other words, even if the person has not acted faulty, he is held liable to pay the resulting damage. This is sometimes made...

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ECRIMISIL CASES

Ecrimisil lawsuits are a type of lawsuit that is frequently encountered in Turkish law. In ecrimisil cases, a compensation called ecrimisil compensation or unfair occupation compensation is requested from the other party. This indemnity serves the purpose of compensating the damage suffered due to the use and/or utilization of the immovable without the permission or consent of the owner. In order to claim the Ecrimisil compensation, the person using the immovable must have a right on that immovable.

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ACTION TO BE FILED AGAINST UNFORGETTABLE USE OF HOME, WORKPLACE, FIELD OR LAND: ACTION FOR PREVENTION OF ELATMAN.

The owner of the immovable property can prevent this by filing a lawsuit if the immovable property owned by the persons is used by others without any justified reason, and in the event that it is occupied in a way. this case is called the case of prevention of confiscation or prohibition of intervention. The person who owns an immovable property such as a house, workplace or land, in the case of the prevention of seizure, is the person who uses these goods unfairly.

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SHARING OF GOODS WITH THE CASE OF DISCLAIMER OF PARTNERSHIP (İZALE-İ SUYU)

The cases of dissolution of the partnership and the older and more commonly known cases of litigation are among the most frequently filed cases in Turkish law. Due to the large number of both plaintiff and defendant parties in this case, it is possible that many people in Turkey today took part in this lawsuit as parties. The purpose of the lawsuit for the elimination of the partnership, which is more common due to inheritance, is to cooperate with others.

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TERMS OF LIABILITY DUE TO DEFECTIVE PERFORMANCE AND USE OF RIGHTS IN COMMERCIAL SALES

One of the situations that traders frequently encounter due to their commercial activities is defective performance in the sale of goods and services. In other words, the fact that the goods to be delivered in the contract or the service to be provided are not duly and in the specifications specified in the contract is a common and important problem in commercial sales contracts. In this bulletin, the seller (or service provider) delivers defective goods to the buyer or...

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LEGAL VALIDITY OF OBTAINING FLATS FROM THE CONTRACTOR BY WRITTEN AGREEMENT AND CASES FOR REGISTRATION AGAINST THE CONTRACTOR

Contractors sell flats from construction projects that have already started. Sometimes they do this with the promise of sale contracts and sometimes with the transfer (assignment) contracts of the receivable made in ordinary written form. In fact, contractors can sometimes promise to sell the same flat to more than one person at different times and under different contracts. In such cases, it is necessary to determine who is the real right holder and to register in the name of the deed.

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DOES THE ACTION CLOSED BEFORE LIMITING THE LIMITATION IN DEED REGISTRATION CASES OPENED WITH THE SAVING TIMELINESS?

In order for a real estate to be acquired with a gainful statute of limitations, it is necessary to establish the necessary legal conditions and then file a title deed registration case. What if the previous title deed registration lawsuit was rejected in terms of time and a lawsuit was filed again; Is it possible to cut the timeout? With the decision of the Grand General Assembly of the Supreme Court dated 2005; continuation of the previous case...

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What is a Construction Contract?

In construction contracts, the contractor undertakes to create a work and then deliver it in return for the fee that the employer undertakes to pay; It is a consensual contract that imposes a mutual debt on the parties. Which law applies to Construction Contracts? Construction contracts concluded between private law real and legal persons and the contractor; firstly with the contract provisions and then with the contract annex; Mandatory and complementary provisions of the law of obligations apply.