4721 S.lı Türk Medeni Kanunu - Son Eklenen Şerhler
If the person under guardianship has capacity to constitute and explain his or her opinions, guardian is liable to take his or her opinion to the extent of possibility before deciding in important matters. Being regarded suitable of the matter by the person under guardianship does not free guardian from responsibility.
(Şerh No: 12978 - Çeviren: Av.Kadir ORUÇ - Tarih : 01-02-2012 17:46)
It is prohibited standing security, forming foundation and making important donations on behalf of the person under guardianship.
(Şerh No: 12977 - Çeviren: Av.Kadir ORUÇ - Tarih : 01-02-2012 17:42)
Provided that provisions concerning powers of guardianship offices are reserved, guardian represents the person under guardianship in his or her all legal transactions.
(Şerh No: 12976 - Çeviren: Av.Kadir ORUÇ - Tarih : 01-02-2012 17:40)
Guardian, is liable to protect ward of court and to be helpful in his or her all personal tasks. In non-delayable cases, guardian may place ward of court into an institution or detain him or her there according to the provisions concerning restriction of freedom for the purpose of protection and notifies the situation to guardianship authority immediately.
(Şerh No: 12975 - Çeviren: Av.Kadir ORUÇ - Tarih : 01-02-2012 17:36)
Guardianship authority upon application of guardian or guardian personally decides in non-delayable cases placement of minor into an institution for the purpose of protection and notifies the situation to guardianship authority immediately. Apart from that, provisions concerning restriction of freedom for the purpose of protection of majors whether they are incapacitated or not in matters related to procedure and territorial jurisdiction. Minor who has not completed sixteen years of age may not apply personally to the court in this regard.
(Şerh No: 12974 - Çeviren: Av.Kadir ORUÇ - Tarih : 01-02-2012 17:25)
If the person under guardianship is minor, guardian is liable to take required measures for caring and education of him or her. Provided that provisions concerning powers of guardianship offices are reserved, guardian has powers of mother and father in this respect.
(Şerh No: 12973 - Çeviren: Av.Kadir ORUÇ - Tarih : 01-02-2012 17:07)
Sale of immovables, is only possible pursuant to instruction of guardianship authority and only in cases where interest of the person under guardianship necessitated. Sale, is made through public auction by a person to be charged for that duty by guardianship authority being guardian available as well and tender becomes completed by approval of guardianship authority; decision concerning approval must be given within ten days commencing from the day of tender. However, audit authority may exceptionally decide sale by bargaining by taking into consideration special situations, quality of immovable or littleness of its value.
(Şerh No: 12972 - Çeviren: Av.Kadir ORUÇ - Tarih : 01-02-2012 17:01)
If there has been a commercial, industrial or similar enterprise in assets of the person under guardianship; guardianship authority shall give required instruction for continuation of being operated or dissolution of them.
(Şerh No: 12971 - Çeviren: Av.Kadir ORUÇ - Tarih : 01-02-2012 16:48)
Being valid of contracts aiming transfer of immovable ownership, depends upon being formally drawn of them up. Testamentary dispositions and contracts of property regimes, are subject to their own specific forms.
(Şerh No: 12968 - Çeviren: Av.Kadir ORUÇ - Tarih : 31-01-2012 16:02)
Kural olarak tapulu taşınmazların resmi memur önünde yapılmayan satışı TMK 706, BK 213 ve Tapu Kanunu'nun 26 maddesi'ne göre geçersiz ise de; Kat Mülkiyeti Kanunu'na tabi olarak yapılmakta olan bağımsız bir bölümü satın alan alıcı bütün borçlarını yerine getirmiş, satın aldığı yeri devralmış ve malik sıfatıyle zilyetliğini sürdürmüş ise, 30.09.1988 gün ve 2/2 Yargıtay İçtihadı Birleştirme Kararına göre böyle bir yerin tapu kaydının iptali ile tesciline karar verilebilir.
(Şerh No: 12967 - Ekleyen: Av.Kadir ORUÇ - Tarih : 31-01-2012 15:55)
The person who has been placed into institution or his or her relatives, may raise objection at audit authority against the decision made within ten days commencing from its notification to them. This right, may also be exercised in case of refusal of request to be discharged from institution.
(Şerh No: 12959 - Çeviren: Av.Kadir ORUÇ - Tarih : 30-01-2012 20:57)
Investments which are not adequately secure, are transformed into secured investments. Transformation transaction must be done at the proper time and by considering interest of the person under guardianship.
(Şerh No: 12966 - Çeviren: Av.Kadir ORUÇ - Tarih : 30-01-2012 10:20)
Money which is not necessary for the person under guardianship or administration of his or her assets, is deposited in order to yield interest into a national bank determined by guardianship authority or transformed into securities issued by the Treasury. Guardian who delays depositing of money more than one month, is obliged to pay for loss of interest.
(Şerh No: 12965 - Çeviren: Av.Kadir ORUÇ - Tarih : 30-01-2012 10:10)
If interest of the person under guardianship necessitates, movables other than valuable articles are sold by public auction pursuant to instruction to be given by guardianship authority. Judge may also decide to sale by bargaining by taking into consideration special situations, quality of movable or littleness of its value. Things having special value for himself or herself or family of the person under guardianship, may not be sold unless there has been indispensability.
(Şerh No: 12964 - Çeviren: Av.Kadir ORUÇ - Tarih : 30-01-2012 10:02)
Negotiable instruments, valuable articles, important documents and the like, are put into a secure place under supervision of guardianship authority if there is no harm in respect to administration of assets.
(Şerh No: 12963 - Çeviren: Av.Kadir ORUÇ - Tarih : 30-01-2012 09:50)
Upon finalization of decision of appointment to guardianship, book of assets to be managed shall be kept by guardian and a person to be assigned by guardianship authority without delay. If the person under guardianship has discretion, he or she shall be kept available when bookkeeping in case there has been found opportunity. In case conditions necessitated, audit authority may decide to be kept official book of assets of the person under guardianship upon request of guardian or guardianship authority. This book, shall give consequences which the official book in inheritance gives towards creditors and shall be kept pursuant to the procedure specified there.
(Şerh No: 12962 - Çeviren: Av.Kadir ORUÇ - Tarih : 29-01-2012 18:35)
Judge, shall decide according to the simple procedure of trial. Legal assistance shall be provided to the person concerned when necessary. Judge, shall hear the person concerned when deciding.
(Şerh No: 12961 - Çeviren: Av.Kadir ORUÇ - Tarih : 29-01-2012 18:23)
Restriction of freedom for the purpose of protection, is subject to the Civil Procedure Code, without prejudice to the following rules: 1. When making decision it is obligation to be informed of the person concerned about the reasons of that and warned in written that he or she can raise objection at the audit authority against decision. 2. There shall forthwith be notified in written to a person who has been placed into an institution that he or she can raise objection within at the latest ten days at the audit authority against decision of being detained or refusal of request to be discharged from institution. 3. Every request which necessitates court decision, shall be transmitted to the competent judge without delay. 4. Guardianship authority or judge that made decision of placement may postpone discussion of that request according to features of the situation. 5. There may only be decided after been taken medical board report about the persons having mental illness, mental weakness, alcohol or narcotic drug addiction, infectious disease posing serious hazard. Audit authority may withdraw from that in case guardianship authority applied to expert in earlier time.
(Şerh No: 12960 - Çeviren: Av.Kadir ORUÇ - Tarih : 29-01-2012 18:19)
In case where an incapacitated person has been placed into an institution or been detained or in case been regarded necessary to be taken other measures in regard to a major person concerning guardianship, the guardianship authority where the person is or those concerned specified by special laws, are obliged to notify the situation to the guardianship authority of residence place.
(Şerh No: 12958 - Çeviren: Av.Kadir ORUÇ - Tarih : 29-01-2012 17:50)
Power of making decision concerning placement or detainment, belongs to guardianship authority of residence place of who concerned or of the place where he or she is in non-delayable cases. Guardianship authority which decided to placement or detainment, is also authorized to discharge from institution.
(Şerh No: 12957 - Çeviren: Av.Kadir ORUÇ - Tarih : 29-01-2012 17:40)
Every major person who causes danger for community because of any of reasons such as mental illness, mental weakness, alcohol or narcotic drug addiction, infectious disease posing serious hazard or vagabondism, in case personal protection of him or her could not been provided in any other way, is placed into a suitable institution for his or her education or rehabilitation or may be detained. Public officials who discover existence of any of such reasons while executing their duties, are obliged to notify immediately that circumstance to competent guardianship authority. Difficulty that the person has brought to his or her environment in this matter is also regarded. The person concerned is discharged from institution as soon as his or her condition becomes convenient.
(Şerh No: 12956 - Çeviren: Av.Kadir ORUÇ - Tarih : 29-01-2012 17:30)
Rules concerning appointment procedure of guardian, shall also be applied in appointment of trustee and legal consultant. Decision concerning appointment of trustee and legal consultant, shall only be published in case guardianship authority regarded necessary.
(Şerh No: 12955 - Çeviren: Av.Kadir ORUÇ - Tarih : 29-01-2012 17:19)
Trustee of representation, is appointed by the guardianship authority of residence place of the person to whom trustee to be appointed. Trustee of administration, is appointed by the guardianship authority of the place where the large part of assets are being administrated or where the properties that fallen to the share of the person being represented are located.
(Şerh No: 12953 - Çeviren: Av.Kadir ORUÇ - Tarih : 29-01-2012 17:12)
Even though there has been no adequate reason for his or her interdiction, a legal consultant is appointed in order to be taken his or her opinion in the following matters to a major person whose acting capacity has been regarded necessary to be restricted in respect to his or her protection: 1. Bringing action and reconciliation, 2. Purchase and sale of immovables, being mortgaged of and establishment of some other real right on them, 3. Purchase, sale and giving as security of negotiable instruments, 4. Construction works being out of ordinary administration limits, 5. Lending and borrowing, 6. Receiving capital, 7. Making donation, 8. Commitment of exchange, 9. Standing surety. Administration of assets of a person under the same conditions, may be cancelled provided that his or right to dispose of his or her incomes as he or she wish is reserved.
(Şerh No: 12952 - Çeviren: Av.Kadir ORUÇ - Tarih : 29-01-2012 17:07)
If there has been any of optional interdiction reasons, there may be appointed a trustee to a major person upon his or her request.
(Şerh No: 12951 - Çeviren: Av.Kadir ORUÇ - Tarih : 29-01-2012 16:56)
Guardianship authority, takes required measures for goods which their administration does not belong to anybody and appoints a trustee of administration especially in the following circumstances: 1. If a person can not been found for a long time and his or her residence place not known either, 2. Even though there has been no adequate reason to be taken under guardianship, if a person has been devoid of power to manage his or her assets individually or to appoint representative for that, 3. If heirship rights in an estate have not been apparent yet or interests of foetus necessitated, 4. If a legal person has become devoid of required organs and its administration could not been provided in any other way, 5. If managing or spending way of the money and other donations raised from people for charity or for any other work seeking general interest could not been provided.
(Şerh No: 12950 - Çeviren: Av.Kadir ORUÇ - Tarih : 29-01-2012 16:54)
Davacı alacaklı, en yakın mirasçıların tamamının mirası reddettiklerini ileri sürdüğüne göre, iddia incelenip, sonucu uyarınca işlem yapmak gerekirken, Türk Medeni Kanununun 633. maddesindeki sürenin geçtiğinden söz edilerek isteğin reddi doğru bulunmamıştır.
(Şerh No: 12939 - Ekleyen: Av.Barış TİRYAKİ - Tarih : 25-01-2012 15:41)
Guardianship authority, in the circumstances written below or other circumstances specified by the law appoints trustee of representation upon request of the person concerned or ex officio: 1. If a major person, is not in a condition to perform his or her urgent task himself/herself and to appoint a representative because of his or her illness, being at somewhere else or for a similar reason, 2. If interest of legal representative conflicts with interest of minor or incapacitated in a matter, 3. If there is an impediment legal representative to perform his or her duty.
(Şerh No: 12935 - Çeviren: Av.Kadir ORUÇ - Tarih : 25-01-2012 10:12)
When decision of appointment finalized, guardianship authority makes required tasks in order the guardian to start duty.
(Şerh No: 12934 - Çeviren: Av.Kadir ORUÇ - Tarih : 25-01-2012 10:00)
Audit authority, shall notify the decision to make to the person appointed to guardianship and guardianship authority. In case the person appointed to guardianship has been discharged from duty, guardianship authority shall immediately appoint a new guardian.
(Şerh No: 12933 - Çeviren: Av.Kadir ORUÇ - Tarih : 25-01-2012 09:56)
The person appointed to guardianship, even though he or she abstained from guardianship or been raised objection to his or her appointment, he or she is liable to execute the duties belonging to guardian until someone else is appointed in place of him or her.
(Şerh No: 12932 - Çeviren: Av.Kadir ORUÇ - Tarih : 25-01-2012 09:51)
Decision of appointment is forthwith serviced to guardian. Decision concerning interdiction and appointment of guardian, or if interdicted has been left under parental custody, decision concerning that, is published at the residence place of interdicted and the place where his or her birth registered.
(Şerh No: 12930 - Çeviren: Av.Kadir ORUÇ - Tarih : 24-01-2012 13:26)
The person who has been appointed to guardianship, may exercise right of abstention from guardianship within ten days commencing from notification of that situation to him or her. Any relevant person, may claim that the appointment has been against the law within ten days commencing from the day on which he or she discovered appointment of guardian. If guardianship authority, finds ground of abstention from guardianship or of objection proper, appoints a new guardian; if does not find proper, notifies the situation to audit authority to make required decision together with its opinion on that matter.
(Şerh No: 12931 - Çeviren: Av.Kadir ORUÇ - Tarih : 24-01-2012 13:24)
In case guardianship matters necessitated, guardianship authority takes required measures ex officio before appointment of guardian too; especially may cancel acting capacity of the person who has been required to be interdicted provisionally and appoint a representative for him or her. Decision of guardianship authority is published.
(Şerh No: 12929 - Çeviren: Av.Kadir ORUÇ - Tarih : 24-01-2012 13:07)
Guardianship authority, is liable to appoint guardian without delay. When required there may also be decided interdicton of persons who are not major yet; however, decision of interdiction gives result after they become major. Major children who have been interdicted are maintained under parental custody as a rule by not being taken under guardianship.
(Şerh No: 12928 - Çeviren: Av.Kadir ORUÇ - Tarih : 24-01-2012 13:04)
The following persons may not be guardian; 1. Incapacitated persons, 2. Persons barred from public service or persons leading disreputable life, 3. Persons whose interest conflicts significantly with the interest of the person to whom guardian to be appointed or persons who have hostility with him or her, 4. Judges of relevant guardianship offices.
(Şerh No: 12927 - Çeviren: Av.Kadir ORUÇ - Tarih : 24-01-2012 13:00)
The following persons do not have to accept guardianship: 1. Persons who completed age of sixty, 2. Persons who can do that duty with difficulty because of their physical disability or permanent illness, 3. Persons who are parental custodian of more than four children, 4. Persons who hold guardianship duty, 5. The President, members of the Grand National Assembly of Turkey and the Council of Ministers, members of judgeship and prosecutorship profession.
(Şerh No: 12926 - Çeviren: Av.Kadir ORUÇ - Tarih : 24-01-2012 12:56)
The persons appointed to guardianship from whom have been residing at the residence place of the person taken under guardianship, are obliged to accept that duty. There is no obligation to accept guardianship in case been appointed by family council.
(Şerh No: 12925 - Çeviren: Av.Kadir ORUÇ - Tarih : 24-01-2012 12:46)
Unless just causes prevented, the person who has been nominated by the person to be taken under guardianship or his or her mother or father, is appointed to guardianship.
(Şerh No: 12924 - Çeviren: Av.Kadir ORUÇ - Tarih : 24-01-2012 12:42)
Decision of interdiction, is immediately published when finalized at the residence place of incapacitated and the place where his or her birth registered. Interdiction, does not affect third persons having good faith before publication. Provisions concerning consequences of not having discretion are reserved.
(Şerh No: 12922 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-01-2012 18:15)
A person can not be interdicted without being heard because of his or her squandering, alcohol or narcotic drug addiction, bad life fashion, mismanagement or his or her request. There can only been decided to interdiction upon official medical board report because of mental illness or mental weakness. Judge, before making decision, may hear the person who is required to be interdicted by considering board report.
(Şerh No: 12921 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-01-2012 18:11)
Every major, may request to be interdicted who proved that he or she could not manage his or her works as required because of his or her old age, disability, inexperience or serious disease.
(Şerh No: 12920 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-01-2012 18:09)
Every major, who has been sentenced to one year or a longer term of punishment restricting freedom, shall be interdicted. Authority charged with execution of punishment, is liable to notify immediately to the competent guardianship authority that such a convict has started to serve his or her sentence, in order to be appointed a guardian to him or her.
(Şerh No: 12919 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-01-2012 18:07)
Every major, who causes danger of falling of himself/herself or his/her family into scantiness or poverty since his or her squandering, alcohol or narcotic drug addiction, bad life fashion or mismanagement of assets, and hence is in needs of permanent protection and caring, or who threats other peoples security, shall be interdicted.
(Şerh No: 12918 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-01-2012 17:57)
Every major, who can not perform his or her works because of mental illness or mental weakness or needs permanent assistance for protection or caring of him or her or puts other peoples security into jeopardy, shall be interdicted. Administrative bodies, notaries and courts who discover a circumstance necessitating to be taken under guardianship while executing their duties, are obliged to notify immediately that circumstance to competent guardianship authority.
(Şerh No: 12917 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-01-2012 17:55)
Every minor who is not under parental custody, shall be taken under guardianship. Registrars, administrative bodies, notaries and courts who discover such a circumstance necessitating guardianship while executing their duties, are obliged to notify immediately that circumstance to competent guardianship authority.
(Şerh No: 12916 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-01-2012 17:52)
Guardian, is liable to protect all interests of minor under guardianship or incapacitated concerning his or her personality or assets and to represent him or her in all transactions. Trustee, is appointed to perform specific tasks or manage assets. Provisions of this Code ragarding guardian, shall also be applied about trustee unless otherwise specified.
(Şerh No: 12915 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-01-2012 17:48)
Unless just causes prevented, guardianship authority appoints to that duty primarily the spouse of the person to be taken under guardianship or one of his or her close relations on condition that they have guardianship requirements. Closeness of residence places and personal relationships are taken into consideration in this appointment.
(Şerh No: 12849 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-01-2012 15:38)
In case where family council has not made its duty or interest of the person taken under guardianship necessitated, as well as audit authority may change family council, it may also terminate private guardianship at any time.
(Şerh No: 12871 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-01-2012 15:33)
Members of family council, have to give assurance regarding that they will perform their duties as required. Private guardianship may not be formed unless assurance provided.
(Şerh No: 12870 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-01-2012 15:29)
Family council, is composed of at least three relations of the person taken under guardianship, who are able to be guardians to be appointed by audit authority for four years. The spouse of who taken under guardianship may also be member to family council.
(Şerh No: 12869 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-01-2012 15:27)
Private guardianship, is formed by audit authority upon request of two close relations or a relation and the spouse who have capacity to act of the person taken under guardianship.
(Şerh No: 12868 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-01-2012 15:22)
In case interest of the person under guardianship justified, especially an enterprise, a partnership or similar businesses required to be maintained, guardianship may exceptionally be given to a family. In this case authority, duty and responsibility of guardianship authority pass to family council to be formed.
(Şerh No: 12867 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-01-2012 15:20)
Public guardianship, is performed by guardianship offices composed of guardianship authority and audit authority. Guardianship authority, is the court of peace; audit authority, is the court of general jurisdiction.
(Şerh No: 12866 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-01-2012 15:16)
(Şerh No: 12865 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-01-2012 15:09)
The owner may put an end to homestead in his or her lifetime. For that, the owner applies to the court by a petition to make the record on land register deleted; this request is published by the court. In case no any objection is raised within two months commencing from publication date or unjustness of the objection made is appearad, the court grants permission to be deleted the record on land register.
(Şerh No: 12864 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-01-2012 15:05)
Guardianship authority, appoints a major having ability to perform that duty as guardian. In necessary circumstances, there may be appointed more than one guardian to perform that duty together or separately pursuant to their powers determined by guardianship authority. More than one person may not be appointed to perform guardianship together without their consents.
(Şerh No: 12854 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-01-2012 11:17)
Being able to continue of homestead after death of the owner depends upon being made of a testamentary disposition regarding transfer of immovable to legal heirs as home. If there is not such a disposition, annotation concerning home on land register is deleted when the owner dies.
(Şerh No: 12863 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-01-2012 11:10)
If the owner falls into insolvency to pay his or her debts, an administrator is appointed by the court in order to manage homestead. Administrator, manages homestead properly to its object and interests of creditors. Creditors, receive their rights according to the date on the proof of insolvency and the sequence in bankruptcy.
(Şerh No: 12862 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-01-2012 11:07)
If necessary requirements exist in the immovable to be transformed into homestead and third persons do not raise objection to formation of home or it is appeared that the objection has been unjust, the court grants permission to formation. Unless proved that concerns of the creditors who raised objection in due of time have ceased or mortgages and attachments on immovable have been cancelled, there can not be given permission to formation of homestead. Even though the debt has been bound to due date in favour of objector or pledgee-creditor, the debtor who wants to form homestead may make immediate payment.
(Şerh No: 12858 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-01-2012 10:57)
In case the partner who assumed operation and representation has not run properties as required or not fulfilled his or her obligations, the partners have rights to request annulment of the partnership. Upon request based on just cause of one of partners, judge may decide that partner to participate to administration or benefiting from partnership properties together with the partner who assumed operation and representation by considering partitioning rules in inheritence. Rules concerning partnership which the partners have operated jointly, are also applied in earnings shared partnerhip of family properties.
(Şerh No: 12847 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-01-2012 10:45)
In case one of partners dies, his or her legal heirs who are not included in the partnership, may request to be paid them consideration of the share come to the deceased partner only. If the deceased partner has left his or her descendants as legal heirs, those may enter into partnership in place of him or her by consent of the other partners.
(Şerh No: 12844 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-01-2012 10:37)
If one of partners notifies termination or goes bankruptcy or being requested sale of attached share of a partner, other partners, may keep up partnership in between by paying rights of leaving partner or his or her creditors. Spouse gotten married, may request his or her right in the partnership to be paid him or her without the need of notification of termination.
(Şerh No: 12843 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-01-2012 10:34)
The partnership terminates in the following circumstances; 1. By agreement of all partners or notification of termination, 2. By expiration of time period in case partnership term has not been extended expressly or tacitly. 3. By being attached of share of one of partners and being requested its sale, 4. By bankruptcy of one of partners, 5. By request based on just cause of one of partners.
(Şerh No: 12842 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-01-2012 10:32)
There may be decided by the court the owner to accept his or her ascendants, descendants and brothers and sisters who are in need to be taken into homestead because of their poverty and who do not have preventive conditions to be accepted.
(Şerh No: 12861 - Çeviren: Av.Kadir ORUÇ - Tarih : 22-01-2012 23:06)
Immovables tansformed into homestead may not be transferred, put in pledge or leased. There can not be applied compulsory execution about homestesad and its annexes, provided that administration condition through the court itself is reserved.
(Şerh No: 12860 - Çeviren: Av.Kadir ORUÇ - Tarih : 22-01-2012 23:04)
Transformation of an immovable into homestead, may barely be possible by making put annotation of the court decision concerning permission onto land register of that immovable; that subject is published by the court.
(Şerh No: 12859 - Çeviren: Av.Kadir ORUÇ - Tarih : 22-01-2012 22:59)
Creditors and persons whose rights can probably injure because of formation of homestead, are called to notify their objections within two months through publication made by the court prior to formation. Situation, is additionally notified to the persons whose credits secured by mortgage and to the attached creditors.
(Şerh No: 12857 - Çeviren: Av.Kadir ORUÇ - Tarih : 22-01-2012 22:44)
Magnitude of immovables to be transformed into homestead, regardless of mortgage rights and other properties of the owner, may not be more than the size that suffice ordinary subsistance and sheltering of a family. Unless adopted a temporary exception by the court by being based on just causes, it is obligation for the owner to run the immovable or the facility located on it himself/herself or to dwell in the residence.
(Şerh No: 12856 - Çeviren: Av.Kadir ORUÇ - Tarih : 22-01-2012 22:37)
The person under guardianship may not change his or her residence place without permission of guardianship authority. In case residence place has changed, territorial jurisdiction passes to new guardianship offices. In this case interdiction is published in new residence place.
(Şerh No: 12853 - Çeviren: Av.Kadir ORUÇ - Tarih : 22-01-2012 20:42)
Territorial jurisdiction in guardianship matters belongs to the guardianship offices where residence place of minor or incapacitated situated.
(Şerh No: 12852 - Çeviren: Av.Kadir ORUÇ - Tarih : 22-01-2012 20:38)
Residences, immovables suitable for agriculture or industry, may be transformed into homestead together with their annexes.
(Şerh No: 12848 - Çeviren: Av.Kadir ORUÇ - Tarih : 22-01-2012 19:44)
Partners, by a contract made in between, may leave representation or operation of the partnership someone from between on condition that to be given a certain share from annual earnings to them. If this share has not been determined by contract, it is determined justly by taking into consideration average amount of earnings of partnership properties of a long term to the reasonable extent and labour of operating partner and expense that he or she made.
(Şerh No: 12846 - Çeviren: Av.Kadir ORUÇ - Tarih : 22-01-2012 19:33)
Partitioning of partnership properties or calculation of leaving partners share, is made according to the value and status of partnership properties at the time of partitioning or leaving. Partitioning or settlement of account may not be requested at an improper time.
(Şerh No: 12845 - Çeviren: Av.Kadir ORUÇ - Tarih : 22-01-2012 19:31)
Partners, are co-owners of the properties included in the partnership. Partners, are liable from debts of the partnership succesively. Properties of partners that they have left out of the partnership and unless otherwise agreed, properties that they acquired during continuation of the partnership through inheritence or acquisition without consideration in any way, are personal properties of them.
(Şerh No: 12841 - Çeviren: Av.Kadir ORUÇ - Tarih : 22-01-2012 19:15)
Partners, may appoint someone from between as administrator to partnership. Administrator, manages the partnership and represents it in transactions regarding partnership. Unless there has been recorded to commercial register who will represent the partnership, there can not be claimed towards third persons having good faith that other partners have no power of representation.
(Şerh No: 12840 - Çeviren: Av.Kadir ORUÇ - Tarih : 22-01-2012 16:14)
Family properties partnership, is managed jointly by all partners. Any one of the partners, may perform ordinary management tasks without participation of the other partners.
(Şerh No: 12839 - Çeviren: Av.Kadir ORUÇ - Tarih : 22-01-2012 16:10)
Family properties partnership, unites partners on the purpose of performing economic activity jointly. Unless otherwise agreed, each one of the partners has equal right. Partners, as well as they can not request their shares, they can not make acts of disposal over those shares of them either as long as the partnership continues.
(Şerh No: 12838 - Çeviren: Av.Kadir ORUÇ - Tarih : 22-01-2012 16:09)
Family properties partnership, may be formed for determined or undetermined period of time. In case time period has not been determined, any one of partners may withdraw from partnership on condition that notified prior to six months. That notification, in a partnership concerning agricultural enterprise, is only valid for close of natural harvest season according to the place where crops grow.
(Şerh No: 12837 - Çeviren: Av.Kadir ORUÇ - Tarih : 22-01-2012 16:02)
It is essential that the contract of family properties partnership to be in official form and to bear signatures of all partners or their representatives.
(Şerh No: 12836 - Çeviren: Av.Kadir ORUÇ - Tarih : 22-01-2012 15:58)
Relatives, may establish family properties partnership in between by the whole or a proportion of the heritage passed to them or by setting forth other properties.
(Şerh No: 12835 - Çeviren: Av.Kadir ORUÇ - Tarih : 22-01-2012 15:55)
Taraflar arasındaki satış vaadi sözleşmesi, biçimine uygun düzenlenmiştir ve sözleşmede, sözleşme bedelinin tamamen ve def'aten ödendiği de yazılıdır; böylece sözleşme, tarafları arasında hüküm ve sonuçlarını doğurur ve vaad alacaklısı hükmen tescil talep hakkını haizdir. Dosyaya sunulan Fon Kurulu ve İdare Mahkemesi kararları dava konusu taşınmaz satış vaadi sözleşmesine ilişkin tasarrufun sadece TMSF yönünden geçersizliğine ilişkindir. Satış vaadi sözleşmesi, bir taahhüt işlemi olarak tara...
(Şerh No: 12833 - Ekleyen: Av.Nevra ÖKSÜZ - Tarih : 22-01-2012 15:26)
Family foundation may be formed pursuant to statutes of law of persons and law of inheritence in order to be made expenses which education and training, being equipped and supported of family members or objects similar to them required. It is prohibited allocation of a property or right in such a way that not to pass to other people and be inherited from generation to generation by the people descending from the same line. Such an allocation, may not be made by way of formation of foundation either.
(Şerh No: 12831 - Çeviren: Av.Kadir ORUÇ - Tarih : 22-01-2012 13:34)
Descendant, may request that price in case the debtor dies. The creditor, may also request that receivable of him or her while the debtor is alive in case of termination of joint life or handover of enterprise, or being executive proceeding against him or her or of his or her bunkruptcy. That receivable does not become time barred. But it can be claimed at the latest until the moment of distribution of the debtor's estate.
(Şerh No: 12827 - Çeviren: Av.Kadir ORUÇ - Tarih : 22-01-2012 11:40)
Major descendants living with mother or father or grand mother and grand father and allocated their labours or incomes to family, may request a proper price in return for that. In case of dispute, judge makes decision about amount of price, being secured and form of payment of it.
(Şerh No: 12826 - Çeviren: Av.Kadir ORUÇ - Tarih : 22-01-2012 11:33)
Head of home, is liable from harms caused by minor, incapacitated, person who has mental illness or mental weakness from household unless proved that he or she has kept close watch on him or her with attention as usual cases and conditions necessitated or even though he or she had shown this attention and care, he or she could not have prevented harm to arise. Head of home, is liable to take measures necessary in order the persons from household having mental illness or mental weakness not to make themselves or other people fallen into danger or harm. In case of necessity he or she request from competent authority to be taken required measures.
(Şerh No: 12825 - Çeviren: Av.Kadir ORUÇ - Tarih : 22-01-2012 11:26)
(Şerh No: 12821 - Ekleyen: Av.Ufuk BOZOĞLU - Tarih : 21-01-2012 22:10)
Tarafların yedi ay birlikte yaşadıkları halde aralarında cinsel birleşmenin gerçekleşmediği, davacının halen bakire olduğu hususları dosya kapsamıyla sabittir. Taraflar hakkında düzenlenen hastane sağlık kurulu raporlarında, cinsel ilişki kurmaya engel oluşturacak fiziki, anatomik ve psikolojik bir durumun saptanamadığı belirtilmiştir. Davalının 02.04.2008 tarihli oturumdaki açıklamaları, tanık ifadeleri ve diğer kanıtlar birlikte değerlendirildiğinde, fiziki ve psikolojik herhangi bir sorunu bu...
(Şerh No: 12820 - Ekleyen: Av.Ufuk BOZOĞLU - Tarih : 21-01-2012 22:05)
Persons living together are subject to home order. Benefit of each one of household is considered fairly in formation of this order. Each one of household, enjoys from freedom essential especially for his or her education and training, religious believes and profession and craft. Head of home, is liable for protection and keeping under security carefully household goods of the persons living together.
(Şerh No: 12813 - Çeviren: Av.Kadir ORUÇ - Tarih : 21-01-2012 15:09)
If there has been a head of home, who has been determined according to the law, contract or custom, of a community constituted by more than one person living together as a family, power to manage home belongs to him or her. Power to manage home, contains all the people living together as household because of blood or marriage affinity, workmanship or apprenticeship or similar reasons or in protection or supervison relationship.
(Şerh No: 12811 - Çeviren: Av.Kadir ORUÇ - Tarih : 21-01-2012 15:01)
Caring of persons in need of protection, is provided by institutions responsible from that. These institutions, may claim expenses which they made from relatives who are maintenance debtors.
(Şerh No: 12810 - Çeviren: Av.Kadir ORUÇ - Tarih : 21-01-2012 14:10)
Action for maintenance, is instituted by considering the sequence in heirship. Action, is made up of a request of help essential for subsistence of the plaintiff and appropriate to financial power of the opposite party. If request of maintenance from one or a few of debtors is against equity, judge may diminish or cancel their obligations of maintenance. Action, may also be instituted by official institutions or those having public interest which have been caring the maintenance creditor. Judge, upon request, may adjudicate in what amount to be paid of maintenance which has been decided its payment as annuities in the following years according to social and economic conditions of parties. Competent court, is the residence place of any of parties.
(Şerh No: 12809 - Çeviren: Av.Kadir ORUÇ - Tarih : 21-01-2012 14:05)
Every person is obliged to maintain his or her ascendants and descendants and brothers and sisters who will fall into poverty in case he or she does not give help. Maintenance obligations of brothers and sisters, depend upon being in prosperity of them. Provisions concerning maintenance liabilities of spouse and mother and father are reserved.
(Şerh No: 12808 - Çeviren: Av.Kadir ORUÇ - Tarih : 21-01-2012 14:00)
Mother and father, are liable as representatives in returning of child properties. They are liable to return consideration which they received only in place of the properties that transferred to the other person in accordance with the principle of good faith. They shall not be liable for compensation since they made expenses for child and family in accordance with law.
(Şerh No: 12807 - Çeviren: Av.Kadir ORUÇ - Tarih : 20-01-2012 19:35)
Mother and father, when their parental costody or rights of management terminated, shall transfer properties of child together with their account to major child, his or her guardian or trustee.
(Şerh No: 12806 - Çeviren: Av.Kadir ORUÇ - Tarih : 20-01-2012 16:01)
If falling of properties of child into danger can not be prevented by any other way, judge may decide the management to be transferred to a trustee. In case where properties of child out of management of mother and father have fallen into danger, judge may adjudicate to be taken the same measures. If there has been suspected in spending of incomes of child properties or certain quantities set aside from those properties in accordance with the law, judge may leave management of them also to a trustee.
(Şerh No: 12805 - Çeviren: Av.Kadir ORUÇ - Tarih : 20-01-2012 15:55)
If mother and father, do not show due diligence in management of child properties for whatever the reason is, judge takes proper measures for protection of properties. Judge, may give instructions especially in regard to management of properties; if he or she does not find information and account given at certain times adequate, he or she may decide the properties to be entrusted or to be provided assurance.
(Şerh No: 12804 - Çeviren: Av.Kadir ORUÇ - Tarih : 20-01-2012 15:31)
Management of the proportion given to the child by mother and father from his or her own property for dealing in a profession or craft or that of his or her personal gains and right of benefit from them belong to the child. In case that the child has lived with his or her mother and father together at home, mother and father may request him or her to make a proper contribution for his or her caring.
(Şerh No: 12803 - Çeviren: Av.Kadir ORUÇ - Tarih : 20-01-2012 15:17)
Reserved portion of the child may be excluded from management of mother and father through testamentary disposition. In case testator has granted management to a third person, he or she may stipulate in his or her disposition that person to give account at certain times to the judge of peace.
(Şerh No: 12802 - Çeviren: Av.Kadir ORUÇ - Tarih : 20-01-2012 15:12)
Mother and father, may not spend for their own benefits revenues of gains made in favour of children on the purpose of opening investment or saving account that yields interest or which provided expressly that not to be used by mother and father. Unless the person who making gained provided expressly otherwise during making disposition, mother and father have right of management over them.
(Şerh No: 12801 - Çeviren: Av.Kadir ORUÇ - Tarih : 20-01-2012 15:05)
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