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4721 S.lı Türk Medeni Kanunu - Son Eklenen Şerhler

4721 S.lı Türk Medeni Kanunu - Son Eklenen Şerhler

Rules required to be obeyed in digging and structures are specified by special laws.
(Şerh No: 14765 - Çeviren: Av.Kadir ORUÇ - Tarih : 17-06-2013 17:42)

Owner, has to avoid from doing harm to neighbouring immovables by means of shaking or endangering their lands or affecting the facilities on them while making digging or constructing building. Provisions regarding projecting structures are applied about structures against rules of neighbourhood law.
(Şerh No: 14764 - Çeviren: Av.Kadir ORUÇ - Tarih : 17-06-2013 17:39)

Every person, is obliged to avoid from excessiveness which may effect his or her neighbours negatively while exercising his or her powers arising from immovable ownership and especially while conducting running activity. Especially, it is prohibitid to disturb by leaving smoke, vapour, fly ash, dust, or making noise or shaking exceeding the extent that may be excused among neighbours according to the condition, quality of immovable and local customs. Rights concerning equalization arising from excessivenesses convenient to local customs and that are inevitable are reserved.
(Şerh No: 14763 - Çeviren: Av.Kadir ORUÇ - Tarih : 17-06-2013 17:36)

Pre-emption right which arisen from contract annotated to real estate registers, may be exercised against every owner within specified period and according to the conditions indicated by annotation. In case conditions have not been indicated in real estate registers, conditions that are at the sale of immovable to third person are taken as basis. Effect of annotation, terminates in any case by elapsing ten years from the date on which annotation made. Provisions concerning exercising of legal pre-emtion right and renunciation shall be applied about pre-emption right arising from contract as well.
(Şerh No: 14761 - Çeviren: Av.Kadir ORUÇ - Tarih : 17-06-2013 16:16)

Purchase and repurchase rights made annotated to real estate registers, may be exercised against every owner within the period specified in annotation. Effect of annotation, terminates in any case, by elapsing ten years from the date on which annotation made.
(Şerh No: 14762 - Çeviren: Av.Kadir ORUÇ - Tarih : 17-06-2013 16:14)

Pre-emption right is exercised by filing action against purchaser. Owner of pre-emption right, is obliged to deposit sale price and title deed expenses fallen to purchaser in cash to the place and within certain time that judge specified before being decided on recording of the share to his or her name.
(Şerh No: 14760 - Çeviren: Av.Kadir ORUÇ - Tarih : 17-06-2013 16:07)

Pre-emtion right may not be exercised at compulsory sales made by auction. Renunciation of pre-emption right must be made in official form and annotated to real estate register. Renunciation from exercising pre-emtion right in a certain sale, is subject to written form and may be done before or after sale. Sale that has been made, is notified to the other shareholders by purchaser or seller by means of public notary. Pre-emption right, lapses by elapsing three months from the date on which sale has been notified to the right owner and in any case two years from sale.
(Şerh No: 14759 - Çeviren: Av.Kadir ORUÇ - Tarih : 17-06-2013 16:04)

Kat karşılığı inşaat sözleşmesine konu taşınmazda pay sahibi olanlardan birinin sözleşmede taraf olarak yer almaması ve kendisi ile yapılmış ayrı bir sözleşme de bulunmaması sebebiyle taraflar arasında imzalanan kat karşılığı inşaat sözleşmeleri geçersizdir.
(Şerh No: 14758 - Ekleyen: Av.Nevra ÖKSÜZ - Tarih : 17-06-2013 15:43)

Restrictions of immovable ownership arising from the law, become effective without being recorded to real estate registers. Elimination or alteration of these restrictions, depends upon being drawn up in official form of contract concerning that and get it annotated to real estate register. Restrictions established for public benefit may not be eliminated and altered.
(Şerh No: 14756 - Çeviren: Av.Kadir ORUÇ - Tarih : 16-06-2013 19:34)

In case a shareholder in shared ownership sold his or her share over immovable to third person wholly or partly, other shareholders may exercise pre-emption right.
(Şerh No: 14757 - Çeviren: Av.Kadir ORUÇ - Tarih : 16-06-2013 19:11)

Person injured or encountered with hazard of damage as a result of being exercised right of ownership against legal restrictions of that right by an immovable owner, may request the situation to be brought to the former state and may claim to be recovered loss that he or she incurred. Judge, may decide on equalization by a proper price of loss arisen from projections made that are convenient to local customs and are inevitable.
(Şerh No: 14755 - Çeviren: Av.Kadir ORUÇ - Tarih : 16-06-2013 18:46)

If a person plants other person’s seedling to his or her land or his or her or a third person’s seedling to the other person’s land, provisions regarding structures made by using other person’s material or movable structures, are applied about them as well. Trees and forests may not be subject to superficies.
(Şerh No: 14754 - Çeviren: Av.Kadir ORUÇ - Tarih : 16-06-2013 18:42)

Light structures such as cottage, stall, arbour, barrack and the like constructed without aiming them to be lasting over other person’s land, shall belong to the owner of them. This kind of structures, are subjected to provisions of movable properties and not shown at real estate registers.
(Şerh No: 14753 - Çeviren: Av.Kadir ORUÇ - Tarih : 16-06-2013 18:33)

Even though courses of water, gas, electricity and the like have been outside of the immovable that the enterprise situated, they are considered accessory of that enterprise and property of that enterprise owner, unless a contrary regulation existed. Being burdened by such a course as a real right of immovable other than circumstances which neighbourhood law necessitated, may only be provided by means of establishment of easement. Easement, comes into existence if the course is not seen from outside by being recorded to real estate registers, if seen from outside by being made of the course relying upon the contract to be drawn up by puplic notary.
(Şerh No: 14752 - Çeviren: Av.Kadir ORUÇ - Tarih : 16-06-2013 18:25)

Ownership of the structures that have been constructed based on right of construction under or onto a land belonged to another person so as to stay permanently, shall belong to the easement owner. Establishment of condominium or construction servitude over independent sections of a building which are convenient to be used individually, is subject to the Law of Property Ownership. There may not be established superficies additionaly over independent sections.
(Şerh No: 14751 - Çeviren: Av.Kadir ORUÇ - Tarih : 16-06-2013 18:06)

Part of a structure which has been made projected to the other person’s land, becomes component part of immovable belonged to him or her if the owner who made the structure constructed has easement over the land exposed to projection. If there has been no such an easement, in case the owner injured has not made objection within fifteen days starting from the date on which he or she has discovered projection and the case and conditions justified at the same time as well, the person who constructed projecting structure in good faith, may request an easement to be established for projecting part or to be transferred of the ownership of the piece of land on which that part located in consideration of a proper price.
(Şerh No: 14750 - Çeviren: Av.Kadir ORUÇ - Tarih : 16-06-2013 17:49)

If value of structure is more than the land value evidently, the party in good faith may request to be given ownership of the whole of structure and land or an adequate part of it to the material owner in consideration of a proper price.
(Şerh No: 14749 - Çeviren: Av.Kadir ORUÇ - Tarih : 16-06-2013 17:37)

If the material is not removed and taken, land owner shall be liable to pay a proper compensation to the material owner. If land owner who made structure constructed is not in good faith, judge may rule on to be compensated completely of the damage that material owner has suffered. If material owner who made structure constructed is not in good faith, the amount that the judge will decide on may not be exceed minimum value of that material which carries for land owner.
(Şerh No: 14748 - Çeviren: Av.Kadir ORUÇ - Tarih : 16-06-2013 17:34)

If a person uses other person’s material in structure located on his or her land or uses his or her or any other person’s material in structure located on other person’s land, this material becomes component part of the land. However, if removal of the material used without assent of its owner will not cause to excessive damage, owner of material, may request them to be removed and delivered to him or her so as to be belonged its cost to the person who made the structure constructed. Owner of the land under the same conditions, may also request the material used without his or her assent to be removed and moved away so as to be belonged its cost to the person who made the structure constructed.
(Şerh No: 14747 - Çeviren: Av.Kadir ORUÇ - Tarih : 16-06-2013 17:25)

Border substances which seperate two immovables such as wall, railing or fence, are deemed shared property of both neighbours, unless otherwise is proved.
(Şerh No: 14746 - Çeviren: Av.Kadir ORUÇ - Tarih : 16-06-2013 17:18)

Every land owner, is obliged to make contribution to correction of title deed plans or to be placed border marks on land in order to be determined of borders which not definite upon request of his or her neighbour.
(Şerh No: 14745 - Çeviren: Av.Kadir ORUÇ - Tarih : 16-06-2013 14:44)

Borders of immovable, are determined by plans of title deeds and border marks on the earth. In case title deed plans and marks on the earth do not correspond to each other, the border on the plan is regarded as principal. This rule, shall not apply in territories that defined as landslide site by competent authorities.
(Şerh No: 14744 - Çeviren: Av.Kadir ORUÇ - Tarih : 16-06-2013 14:37)

The ownership over land, insofar as be benefit in usage of it, includes the air over and the earth layers under it. Structures, plants and sources are also included in the scope of this ownership provided that legal limitations are reserved.
(Şerh No: 14743 - Çeviren: Av.Kadir ORUÇ - Tarih : 16-06-2013 14:35)

Immovable ownership, terminates by cancellation or annihilation of immovable completely. In case of confiscation, of what time the ownership will terminate is specified by special law.
(Şerh No: 14742 - Çeviren: Av.Kadir ORUÇ - Tarih : 16-06-2013 14:29)

A page is reserved for every immovable in registers and page numbers follow each other. Procedure to be followed in division of an immovable or integration of more than one, is specified by regulation. Those are recorded to the private columns on every page of registers: 1. Ownership, 2. Servitudes and right of incumbrance established on immovable or established on another immovable on behalf of that immovable, 3.Rights of mortgage over immovable. Accessories, upon request of the owner, are recorded into the column of declarations. That record made, may only be cancelled from registers by the assent of those seen as right owners in registers. Immovables more than one belonged to the same owner, although their borders have not been adjacent, may be recorded to a joint page in registers by the assent of the owner. Registration of mortgages made on this page, bind all immovables recorded on it; in case some part of such immovables recorded on the same page are removed from that page by court decision or upon request of the owner, rights recorded over immovables that have been removed, remain reserved.
(Şerh No: 14741 - Çeviren: Av.Kadir ORUÇ - Tarih : 15-06-2013 15:56)

The person who has a personal right regarding request of being recorded ownership into his or her own name from the owner by relying on a legal cause to be a basis to acquisition of ownership, may demand from judge the ownership to be transferred by decision, in case the owner has avoided. Person who acquired ownership of an immovable by relying on occupancy, confiscation, compulsory execution or court decision, may make registration made directly. Alterations resulted in the ownership of an immovable in consequence of property regime between spouses, are recorded to real estate registers directly upon request of one of spouses.
(Şerh No: 14740 - Çeviren: Av.Kadir ORUÇ - Tarih : 15-06-2013 14:48)

Places without owner and properties public benefited, are under the rule and disposal of the State. Unless otherwise proved, waters public benefited and places not convenient to agriculture such as rocks, hills, mountains, glaciers and springs which come out of them, are under no person’s ownership and no in any way may be subject to private ownership. Acquisition, care, protection, operation and utilization of places without owner and properties that are public benefited are subject to provisions of special law.
(Şerh No: 14739 - Çeviren: Av.Kadir ORUÇ - Tarih : 15-06-2013 14:40)

In calculation, interruption or cessation of acquisitive prescription periods, statute of limitations of the Code of Obligations shall apply nutatis mutandis.
(Şerh No: 14738 - Çeviren: Av.Kadir ORUÇ - Tarih : 15-06-2013 14:32)

The person who maintained possession of an immovable not recorded in real estate registers for twenty years period without lawsuit and interruption in the capacity of owner, may demand to be decided his or her right of ownership over the whole, a part or a share of that immovable to be recorded to real estate registers. Under the same conditions; possessor of the whole or a part that has not seen any harm in division of of an immovable which its owner can not be understood from real estate registers or registered to the name of the person about whom has been made decision of absence (Repealed Phrase Official Gazette No: 27893 Date:July 23,2011, Constitutional Court Date: March 17,2011 Docket No:2009/58, Decree No:2011/15 ) twenty years ago, may demand to be decided his or he right of ownership over the whole or a part or a share of that immovable to be recorded to real estate registers as well. Action of registration, is instituted against the Treasury, public corporations concerned or the heirs of the person seen as owner at real estate registers, if there is any. Subject of lawsuit, is announced by the court once by newspaper and besides at least three times by proper means and intervals where immovable is located. In case there has not been anyone objected within three months starting from the last announcement bringing forward that conditions above have not been realized or the objection has not been regarded justifiable and assertion of the plaintiff h...
(Şerh No: 14737 - Çeviren: Av.Kadir ORUÇ - Tarih : 15-06-2013 14:28)

If the person who has been recorded to real estate registers as owner unless a valid legal cause existed, maintained his or her possession over immovable without lawsuit and uninterruptedly ten year long with good faith, there may not be brought objection to the right of ownership that he or she has acquired by this way.
(Şerh No: 14736 - Çeviren: Av.Kadir ORUÇ - Tarih : 14-06-2013 22:42)

If the border, does not reflect the truth because of land sliding; owner of immovable concerned, may request the border to be defined again. Surpluses and shortnesses are equalized.
(Şerh No: 14735 - Çeviren: Av.Kadir ORUÇ - Tarih : 14-06-2013 22:39)

Principle that stating sliding of land does not necessitate border change, shall not apply in territories which have been defined as landslide site by competent authorities. It is taken into consideration structure of land in territory during definition of these sites. It is notified to those concerned in a proper way that an immovable has been located in such a territory and recorded to the column of declarations in real estate registers.
(Şerh No: 14734 - Çeviren: Av.Kadir ORUÇ - Tarih : 14-06-2013 22:34)

Sliding of land does not necessitate border change. Provisions concerning drifting objects and merging are applied about pieces of land and other substances passed from one immovable to the other because of land sliding.
(Şerh No: 14733 - Çeviren: Av.Kadir ORUÇ - Tarih : 14-06-2013 22:32)

Land suitable to benefit which composed in places without owner again by causes such as accumulation, filling up, landslide or alteration in channels or levels of publicly owned waters, shall be belonged to the State. The State, may transfer that land primarily to the one whose land exposed to loss or to the adjacent land owner in case there has not been any inconveniency. Owner who proved that pieces of earth split off from his or her land, may take them back within one year starting from the date on which he or she discovered the situation, in any case ten years starting from the date on which formation started.
(Şerh No: 14732 - Çeviren: Av.Kadir ORUÇ - Tarih : 14-06-2013 19:26)

Acquisition of ownership by occupancy of an immovable which recorded in real estate registers, solely depends upon being cancelled of its record by request of the owner. There may not be acquired ownership by occupancy over immovables not recorded in real estate registers.
(Şerh No: 14731 - Çeviren: Av.Kadir ORUÇ - Tarih : 14-06-2013 19:20)

Acquisition of immovable ownership, is provided by registration. Inheritance, court decision, compulsory execution, occupancy, confiscation circumstances and in other cases provided by law, ownership is acquired prior to registration. However, in these cases capability of making disposition transactions of the owner, depends upon being registered of the ownership to the real estate registers.
(Şerh No: 14730 - Çeviren: Av.Kadir ORUÇ - Tarih : 14-06-2013 19:15)

Subject of immovable ownership are as follows: 1. Land, 2. Independent and continuous rights that are recorded to different page in real estate registers, 3. Independent sections recorded in condominium registry.
(Şerh No: 14729 - Çeviren: Av.Kadir ORUÇ - Tarih : 14-06-2013 19:03)

Collective ownership, terminates by transfer of property, dissolution of community or being changed into shared ownership. Partitioning, unless a contrary provision existed, is made according to the provisions of shared ownership.
(Şerh No: 14728 - Çeviren: Av.Kadir ORUÇ - Tarih : 13-06-2013 18:05)

Rights and obligations of partners, are specified by provisions of law or contract which gives rise to community. Unless a contrary provision existed at law or in contract, it is required to be made decision by partners unanimously either for administration or disposition transactions. As long as community arising from contract continued, there may not be made partitioning and made disposition over a share. Each one of partners, may provide protection of rights included in community. All partners benefit from this protection.
(Şerh No: 14727 - Çeviren: Av.Kadir ORUÇ - Tarih : 13-06-2013 18:01)

Ownership of those who have been owner to properties jointly in consequence of community composed pursuant to contracts that are at or provided by law, is collective ownership. There being not particularized shares of partners in collective ownerhip, right of each one, is spreaded over all properties included in community.
(Şerh No: 14726 - Çeviren: Av.Kadir ORUÇ - Tarih : 13-06-2013 17:55)

In case a shareholder established usufruct right over his or her own share, if one of shareholders makes request of partitioning within three months starting from being notified him or her that right of usurfruct has been established; right of usufruct in partititoning through sale, continues over the value which will fall to the share concerning that.
(Şerh No: 14725 - Çeviren: Av.Kadir ORUÇ - Tarih : 13-06-2013 17:45)

Nafakanın en azından DİE'ce yayınlanan ÜFE artışı oranında artırılmasına karar verilmesi gerekirken yazılı şekilde davanın tümden reddine karar verilmiş olması doğru görülmemiş bozmayı gerektirmiştir.
(Şerh No: 14724 - Ekleyen: Av.Ufuk BOZOĞLU - Tarih : 13-06-2013 13:01)

Partitioning, is actualized sharing out of property in kind or of its value by selling it through bargaining or bidding. In case not agreed on method of partitioning, judge upon request of one of shareholders, rules on partitioning of properety in kind, in case not values of parts divided correspond to each other, rules on provision of equalization by adding money to the part having less value. If request of division has not been considered proper to the case or conditions and especially it has not been possible division of shared property unless it been exposed to an important value loss, it is resolved to sale by public auction. It depends upon assent of all shareholders making decision of sale to be made among shareholders by bidding.
(Şerh No: 14720 - Çeviren: Av.Kadir ORUÇ - Tarih : 11-06-2013 21:36)

Unless there has been obligation of continuation of shared ownership in pursuance of a legal transaction or since shared property has been allocated to a permanent purpose, any one of shareholders may request partitioning of property. Right of request of partitioning, may only be limited by a legal transaction for maximum ten-year period. Contracts concerning continuation of shared property in immovables, are bound to official form and may be annotated to real estate registers. There may not be made request of partitioning at improper time.
(Şerh No: 14719 - Çeviren: Av.Kadir ORUÇ - Tarih : 11-06-2013 21:12)

Provisions regarding dismissal of a shareholder, shall apply mutatis mutandis about owners of right of usurfruct or any other real right or of personal benefiting annotated to real estate registers over share as well. However, it is resolved termination of a right which its transfer is illicit in exchange for a proper compensation.
(Şerh No: 14718 - Çeviren: Av.Kadir ORUÇ - Tarih : 11-06-2013 20:58)

Shareholder who violated severely his or her obligations toward all or some of other shareholders by his or her attitudes and behaviours or by attitudes and behaviours of the persons to whom he or she left usage of property or persons whose acts he or she has been liable from, may be dismissed from shareholdership by court decision if therefore he or she rendered contituation of shared ownership relationship to an unbearable situation for them. It depends upon to be decided by majority of shares and shareholders filing of action, unless otherwise agreed on. In case judge deemed request of dismissal justifiable, if there has been opportunity to seperate from property the portion covering the share of shareholder to be dismissed, rules on allocation of the part seperated to one who has been dismissed from shared ownership by making this seperation. Shareholder or shareholders who require to be transferred of the share in property which not been possible to be seperated in kind by value of it that is on the date of lawsuit, are obliged to set forth that request of them together with request of dismissal from shareholdership. Judge, rules on to be paid or entrusted value of share in a certain period that he or she will determine on his or her own motion before rendering judgement. In case of acceptance of the case, it is resolved to registration of share in the name of applicant. In case the portion to cover share can not be seperated from property in kind and ...
(Şerh No: 14717 - Çeviren: Av.Kadir ORUÇ - Tarih : 11-06-2013 19:20)

Regulations or decisions made by shareholders and judgements rendered by court in matters concerning utilization, usage and administration, bind the persons who become shareholder or acquired real right over share later as well. In order the decisions concerning utilization, usage and administration in immovables to be binding for those become shareholder or acquired real right over share later, there must be get annotated of them to the registers of real estate.
(Şerh No: 14716 - Çeviren: Av.Kadir ORUÇ - Tarih : 10-06-2013 18:14)

Administration costs arising from shared ownership or regarding shared property, taxes and other obligations are covered by shareholders proportional to their shares, unless a contrary provision existed. Shareholder who has paid more than that fallen to his or her share, may recourse to the others at the rate of their shares.
(Şerh No: 14715 - Çeviren: Av.Kadir ORUÇ - Tarih : 10-06-2013 18:06)

Each one of shareholders, may benefit from shared property and make use of it insofar as accorded with rights of others. In case of dispute, judge specifies form of benefiting or usage. This specification, may be in the form of division of usage of shared property as of time or place among shareholders as well. Each one of shareholders, may provide protection of joint interests which can not be divided as representative to the other shareholders.
(Şerh No: 14714 - Çeviren: Av.Kadir ORUÇ - Tarih : 10-06-2013 18:02)

Alteration of goal to which shared property allocated, embarking on construction works exceeding the extent that protection or ordinary usage required, making disposition transactions over the whole of shared property, depends upon acceptance of all shareholders, unless agreed its contrary unanimously. In case mortgage or incumbrance of immovable has been established over shares, shareholders may not restrict the whole of property by similar rights.
(Şerh No: 14713 - Çeviren: Av.Kadir ORUÇ - Tarih : 10-06-2013 17:56)

Davacı kadın dava dilekçesinde tazminat istememişken tahkikat aşamasında 26.9.2012 havale tarihli dilekçe ile maddi ve manevi tazminat (TMK. m. 174/1-2) talebinde bulunmuştur. Davacı ISLAH talebi ile bu isteklerde bulunabilir.
(Şerh No: 14712 - Ekleyen: Av.Ufuk BOZOĞLU - Tarih : 09-06-2013 18:54)

It is required to be decided by majority of shares and shareholders for substantial management tasks such as alteration of operation method or agricultural category, making or annulment of contracts regarding ordinary rent or rent of product or improvement of soil. The same majority is required in maintenance, repair and construction works exceeding ordinary administration limits and for protection of value of shared property or suitibility to provide benefit as well. In case of equality of shares and shareholders, judge renders a fair decision by considering benefit of all shareholders upon request of one of shareholders; may appoint a trustee from within shareholders or from the out in order to be done jobs that he or she deemed necessary.
(Şerh No: 14711 - Çeviren: Av.Kadir ORUÇ - Tarih : 09-06-2013 14:30)

Each one of shareholders is entitled to perform ordinary management tasks, get minor repairs made especially and conduct agricultural works. Provided that provisions of the law are reserved concerning fulfillment of indispensible and urgent tasks, there may be brought different regulation in ordinary management tasks concerning power through a decision to be taken by majority of shareholders.
(Şerh No: 14710 - Çeviren: Av.Kadir ORUÇ - Tarih : 09-06-2013 14:24)

Shareholders, may make a different regulation other than provisions of the law in matters regarding benefiting, usage or administration by agreeing unanimously among themselves. However, there can not be removed and restricted the following rights and powers of shareholders by such an agreement: 1. To perform essential administration tasks for usability and protection of value of property subject to shared ownership and when necessary request from the court to be taken measures with regard to this, 2. To take measures required to be taken immediately to protect the property from a damage hazard or increase of damage on behalf of all shareholders, There may be get annotated of agreements to real estate registers upon request of one of shareholders on condition that their signatures approved by public notary.
(Şerh No: 14709 - Çeviren: Av.Kadir ORUÇ - Tarih : 09-06-2013 14:12)

In shared ownersip, more than one person own the whole of a thing which no divided concretely with certain shares. Shares are deemed equal, unless determined in any other way. Any one of shareholders shall have rights and obligations of owner with regard to his or her share. Share may be transferred, mortgaged or attached by creditors.
(Şerh No: 14708 - Çeviren: Av.Kadir ORUÇ - Tarih : 09-06-2013 13:28)

Things that have been allocated for usage or consuming temporarily of the person possessing principal thing or things just combined with it so as to be protected, sold or rented without having any relationship with the special quality of the principal thing, are not considered accessory.
(Şerh No: 14707 - Çeviren: Av.Kadir ORUÇ - Tarih : 09-06-2013 13:22)

Disposals regarding a thing, include accessory of it unless otherwise specified. Accessory, is a movable property which has been allocated to the principal thing permanently for operation, protection of or providing benefit from it according to the intent of principal thing’s owner that can be understood or local customs and been rendered dependant to the principal thing through integration, fastening or any other way in its usage. Accessory, do not lose that quality of it by being seperated from principal thing temporarily.
(Şerh No: 14706 - Çeviren: Av.Kadir ORUÇ - Tarih : 09-06-2013 13:14)

Owner of a thing, shall own products of it as well. Products, are natural and legal products obtained seasonally and other yields of a thing deemed suitable to be obtained by virtue of customs according to the purpose which it has been allocated. Natural products are component parts of principal thing until they are seperated from it.
(Şerh No: 14705 - Çeviren: Av.Kadir ORUÇ - Tarih : 09-06-2013 13:05)

Person who owns something, owns component parts of that thing as well. Component part, is the part that is primary constituent of the principal thing according to the local customs and which can not be seperated from it unless that thing annihilated, damaged or transformed constitution of.
(Şerh No: 14704 - Çeviren: Av.Kadir ORUÇ - Tarih : 09-06-2013 12:55)

TMK m.692 uyarınca paylı malın tamamı üzerinde tasarruf işlemleri yapılması, özgülendiği amacın değiştirilmesi, korunmanın veya olağan şekilde kullanmanın gerekli kıldığı ölçüyü aşıp, yapı işlerine girişilmesi oybirliğiyle, aksi kararlaştırılmış olmadıkça bütün paydaşların kabulüne bağlıdır.
(Şerh No: 14703 - Ekleyen: Av.Nevra ÖKSÜZ - Tarih : 09-06-2013 07:24)

Heir who paid a debt of estate which not laid payment of it on him or her in contract of partitioning or paid more than the amount he or she has undertaken, may recourse to the other heirs. Right of recourse, is exercised firstly against the heir who has undertaken discharged debt by contract of partitioning. In other cases, unless otherwise specified, each one of heirs is liable to pay debts existing in the estate proportional to his or her purparty.
(Şerh No: 14702 - Çeviren: Av.Kadir ORUÇ - Tarih : 07-06-2013 14:12)

Heirs, are liable consecutively with all of their assets after partitioning as well due to estate debts which have not been given assent division or transfering of by legator expressly or implicitly. Consecutiveness ceases by elapsing five years from the date on which partitioning actualized or from maturity date in obligations to be performed later.
(Şerh No: 14701 - Çeviren: Av.Kadir ORUÇ - Tarih : 07-06-2013 14:08)

General provisions concerning invalidity in the Code of Obligations, shall be applied in contracts of partitioning as well.
(Şerh No: 14700 - Çeviren: Av.Kadir ORUÇ - Tarih : 07-06-2013 13:58)

After completion of partitioning, heirs are liable towards each other for properties fallen to their shares according to the provisions of sale. Heirs, as well as assured towards each other existence of credits allocated to each one of them in partitioning ; beside legal instruments registered at stock market, are also liable from debtor’s ability to pay as ordinary surety for the amount of credit that made set-off to the right of heir. Action relying on assurance or surety, becomes time barred by elapsing one year from the date of partitioning, in credits to be performed later, from maturity date.
(Şerh No: 14699 - Çeviren: Av.Kadir ORUÇ - Tarih : 07-06-2013 13:56)

Agreements which a heir makes with the other heirs or third persons concerning an inheritance that not opened yet are not valid unless legator’s participation or permission existed. There may be required returning of acts performed pursuant to such an agreement.
(Şerh No: 14697 - Çeviren: Av.Kadir ORUÇ - Tarih : 06-06-2013 14:22)

Validity of agreements of partititoning made among heirs in the subject of transmission of purparty over all or some part of estate, depends upon written form. Validity of such an agreement that a heir makes with a third person, depends upon being drawn up by public notaryship. The agreement does not authorize that person to partipicate to partitioning; provides a right to request the share allocated to the heir at the end of partitioning to be given to him or her only.
(Şerh No: 14696 - Çeviren: Av.Kadir ORUÇ - Tarih : 06-06-2013 14:19)

Constitution and obtaining virtually of shares among heirs or agreement of partitioning which they make amongst them obliges the heirs. Heirs may also accept collective ownerhip over all or some part of estate properties to be converted to shared ownership at the rate of their purparties by agreement of partitioning. Validity of agreement of partititoning depends upon to be made in written form.
(Şerh No: 14695 - Çeviren: Av.Kadir ORUÇ - Tarih : 06-06-2013 14:13)

Presents ordinary and costs made proper to customs during getting married, are not subject to equalization. In getting married of descendant kins, it is principal that there has been intention of not to subject to equalization expenses of dowry made within customary standards.
(Şerh No: 14694 - Çeviren: Av.Kadir ORUÇ - Tarih : 06-06-2013 14:00)

Obligation of returning because of costs made for education and training of children, unless proved that legator required otherwise, is existent for part exceeding customary standards only. A fair payment is made to the children who have not completed their education and training or have disability status, in partitioning.
(Şerh No: 14692 - Çeviren: Av.Kadir ORUÇ - Tarih : 05-06-2013 13:13)

Equalization, is made according to the value of voluntary disposition which is at the time of equalization. Provisions of unjust enrichment shall apply among heirs regarding benefit and loss and incomes and outgoings.
(Şerh No: 14691 - Çeviren: Av.Kadir ORUÇ - Tarih : 05-06-2013 13:10)

When voluntary disposition made exceeded purparty, if heir proves that legator required to bequeath that to him or her, this surplus shall not be subject to equalization. Rights of other heirs concerning reduction are reserved.
(Şerh No: 14690 - Çeviren: Av.Kadir ORUÇ - Tarih : 05-06-2013 13:04)

Heir who is liable to return, gives back in kind whatever he or she has received; or gets its value made set-off to his or her purparty even though it has been more than his or her share, if he or she requires. Dispositions of legator against this rule and rights of heirs concerning reduction are reserved.
(Şerh No: 14689 - Çeviren: Av.Kadir ORUÇ - Tarih : 05-06-2013 13:02)

Obligation of returning belonging to the heir who lost capacity of heirship before or after opening of inheritance, passes to the heirs who have taken his or her place, at the rate of increase resulted in their purparties.
(Şerh No: 14688 - Çeviren: Av.Kadir ORUÇ - Tarih : 04-06-2013 15:48)

Legal heirs, are liable towards each other to return to the estate voluntary dispositions inter vivos that they acquired from legator by being set-off to their purparties in order to provide equalization. Dispositions made by legator without receiving consideration in favour of his or her descendants such as giving dowry or founding capital or transfering an asset or redeeming from debt and the like are subject to equalization, unless otherwise specified expressly by legator.
(Şerh No: 14687 - Çeviren: Av.Kadir ORUÇ - Tarih : 04-06-2013 15:43)

In case no any one of heirs demands agricultural enterprise to be allocated to himself or herself or his or her request of allocation is rejected, any one of heirs may demand enterprise to be sold as a whole.
(Şerh No: 14686 - Çeviren: Av.Kadir ORUÇ - Tarih : 04-06-2013 15:38)

If there has been a subsidiary industrial enterprise bound tightly to agricultural enterprise and those have adequate economical entity jointly, both are allocated as a whole to the heir who is applicant and considered competent. In this case agricultural enterprise is allocated by value income, industrial enterprise is, by market value. In case one of heirs made objection or heirs more than one requested allocation, judge of peace rules on allocation of subsidiary enterprise jointly or seperately or sale of it by taking possibilities of continuation of economical entities of both enterprises and personal conditions of heirs into consideration.
(Şerh No: 14685 - Çeviren: Av.Kadir ORUÇ - Tarih : 04-06-2013 15:33)

In case the heir to whom allocation has been made demands postponement of partitioning, each one of the other heirs may request convertion of his or her share to the right of credit which taken under assurance by immovables belonging to agricultural enterprise, instead of entering to the earnings shared community. It is given an annuity bond which can not be converted into money earlier than five years to the heirs in consideration of those credits by being yielded interest on the basis of rate effective at most for annuity bonds. Rules concerning upper limit of burden in annuity bonds and liability of the State, shall not apply in annuity bonds of heir.
(Şerh No: 14683 - Çeviren: Av.Kadir ORUÇ - Tarih : 03-06-2013 17:45)

If the heir to whom allocated enterprise comes to such a condition to pay consideration of shares of the other heirs unless having to become indebted excessively; any one of the heirs, may request to be paid consideration of his or her share to himself/herself by notifying that he or she has withdrawn from community. Unless otherwise agreed upon, the heir to whom allocation has been made, may request termination of community at any time.
(Şerh No: 14682 - Çeviren: Av.Kadir ORUÇ - Tarih : 03-06-2013 17:34)

If total of amount which the heir to whom enterprise has been allocated has to pay in consideration of the shares of the other heirs and of debts taken under assurance by mortgages established previously over enterprise exceeds three fourths of income value of the enterprise; partitioning of enterprise which has been allocated may be postponed for a proper time upon request of the heir to whom allocation made. In this case earnings shared community of family properties becomes established among heirs.
(Şerh No: 14681 - Çeviren: Av.Kadir ORUÇ - Tarih : 03-06-2013 17:26)

If there have been descendants among heirs who have discretion and are not major; partitioning may be postponed until those become major or it is formed community of family properties until the date on which there can be ruled on allocation among heirs.
(Şerh No: 14680 - Çeviren: Av.Kadir ORUÇ - Tarih : 03-06-2013 17:20)

There can not be removed by testamentary disposition of right of request in that matter of the heir who wants enterprise to be allocated to himself/herself and has been understood that he or she is competent for that. Debarment from inheritance and renunciation of inheritance circumstances are reserved. In case there have been conditions of allocation at more than one heir, there may be determined the heir to whom allocation to be made by testamentary disposition.
(Şerh No: 14679 - Çeviren: Av.Kadir ORUÇ - Tarih : 02-06-2013 18:19)

In case one of heirs raises an objection to allocation request or there have been more than one applicant, judge of peace rules on to which heir the enterprise be allocated by considering personal abilities and conditions. It is given priority in allocation to the heir who wants to run enterprise himself/herself and understood that he or she has been competent for that. In determination of being competent to run, it is considered abilities of spouse of the heir who wants allocation as well.
(Şerh No: 14678 - Çeviren: Av.Kadir ORUÇ - Tarih : 02-06-2013 18:16)

Heir, may request equipment and animals essential for enterprise to be allocated to him or her by being taken as basis their values bearing for enterprise.
(Şerh No: 14677 - Çeviren: Av.Kadir ORUÇ - Tarih : 02-06-2013 18:09)

Any agricultural enterprise existing in the estate, having economical integrity and adequate agricultutral entity, is allocated unless divided by taking as basis income value to the heir who is competent to run in case that heir made formal request. If an enterprise is in such a qualification that it can be divided enterprises more than one each having adequate agricultural entity unless being decreased its value, judge of peace may allocate them to the heirs more than one seperately who are competent to run and made formal request. It shall be regulated by by-law to be issued by the concerned Ministry whether the enterprise have adequate agricultural entity by taking features of agricultural regions and agricultural categories into consideration.
(Şerh No: 14676 - Çeviren: Av.Kadir ORUÇ - Tarih : 02-06-2013 18:07)

In case heirs can not agree on value of allocation, that value is determined by judge of peace.
(Şerh No: 14675 - Çeviren: Av.Kadir ORUÇ - Tarih : 02-06-2013 17:56)

Immovables are allocated to the heirs by taking as basis their actual values which are at the time that partitioning made. Agricultural immovables are allocated according to the value of income, other immovables, according to the market value.
(Şerh No: 14674 - Çeviren: Av.Kadir ORUÇ - Tarih : 02-06-2013 17:54)

Provisions of law concerning division of immovables are reserved.
(Şerh No: 14673 - Çeviren: Av.Kadir ORUÇ - Tarih : 02-06-2013 17:42)

Any heir to whom fallen an estate property pledged for debts of legator in partitioning, becomes undertaken the debt which taken under assurance by that property.
(Şerh No: 14672 - Çeviren: Av.Kadir ORUÇ - Tarih : 02-06-2013 17:39)

Credit of legator at a heir, is made set-off to the share of that heir during partitioning.
(Şerh No: 14671 - Çeviren: Av.Kadir ORUÇ - Tarih : 02-06-2013 17:37)

In case one of heirs made objection, there can not be divided properties which constitute an integrity by nature of their qualifications or purpose which they have been allocated. There can not be sold family documents and property having special reminiscence value for family in case one of heir made objection. If a dispute appears among heirs, judge of peace, by considering local customs, if no has been custom personal conditions, rules on allocation of that property to one of heirs by being or not being set off to his or her share or selling of it. Provisions of special laws are reserved.
(Şerh No: 14670 - Çeviren: Av.Kadir ORUÇ - Tarih : 02-06-2013 17:34)

If there have been household goods or a dwelling house which spouses lived in together in estate properties in case of death of one of spouses; surviving spouse, may demand ownership right to be granted to him or her over them as a consideration to his or her right of inheritance. In case just causes existed, upon request of surviving spouse or one of other legal heirs of legator, there might be ruled on usurfruct or right of habitation to be vested instead of ownership. In sections where legator had performed a profession or craft or where his or her descendants have to perform the same profession or craft , surviving spouse can not exercise those rights. Provisions of law of succession concerning agricultural immovables are reserved.
(Şerh No: 14669 - Çeviren: Av.Kadir ORUÇ - Tarih : 02-06-2013 17:25)

Estate property which can not be divided unless being considerabe decrease in its value, is allocated to one of heirs as a whole. In case heirs can not come to agreement in the matter of division or allocation of an estate property, that property is sold and shared its value. If one of heirs makes request, sale is made through auction. In case heirs can not come to agreement in the method of auction, judge of peace rules on auction to be made among heirs or publicly.
(Şerh No: 14668 - Çeviren: Av.Kadir ORUÇ - Tarih : 02-06-2013 17:20)

Uyuşmazlık taşınmazı üzerinde yer alan ekili ürün haczedilen 3.kişinin İİK.96 ve devamı maddelerine dayalı olarak açtığı istihkak davasına ilişkindir. Bilindiği üzere, MK.684/1 fıkrasına göre "bir şeye malik olan kimse, o şeyin bütünleyici parçasına da malik olur" Yine aynı Yasanın 685/1. fıkrasına göre "bir şeyin maliki, onun ürünlerinin de maliki olur. 3.fıkrasında ise "doğal ürünler asil şeyden ayrılıncaya kadar onun bütünleyici parçasıdır." Somut olayda; dava konusu mahsulün bulunduğu...
(Şerh No: 14666 - Ekleyen: Mehmet KARAUSTA - Tarih : 01-06-2013 17:15)

KATILMA ALACAĞINDA ZAMANAŞIMI 1 DEĞİL 10 YILDIR. Katılma alacağı boşanmanın fer'i değildir. Kanundan doğan bir alacak hakkıdır. Borçlar Kanunu genel hükümlerine göre zamanaşımı süresi belirlenmelidir. TMK.178.madde mal rejiminin tasfiyesinden kaynaklanan alacak hakkına uygulanmaz.
(Şerh No: 14641 - Ekleyen: Av.Ufuk BOZOĞLU - Tarih : 30-05-2013 10:44)

Each one of heirs, may request partitioning of inheritance at any time, unless he or she has been liable to continue community by virtue of contract or law. Every heir, may request to be ruled on partitioning of certain properties of the estate in kind or if not possible by way of sale from the court of peace. Judge on request of one of heirs, by taking into consideration of the estate as a whole or each one of properties of the estate, makes apportionment by means of giving each one of immovables as a whole to a heir if there has been possibility. It shall be provided equalization between shares of inheritance by removing difference between values of immovables that given to the heirs by means of being paid money. If making of partitioning immediately would decrease value of property or estate subject to partitioning considerably; judge of peace, may rule on postponement of partitioning of that property or estate upon request of one of heirs.
(Şerh No: 14630 - Çeviren: Av.Kadir ORUÇ - Tarih : 29-05-2013 17:36)

Legal heirs, share inheritance according to the same rules both among themselves and together with the other appointed heirs. Unless contrary regulation existed, heirs determine how to be made partitioning freely. Heirs who possess estate properties or indebted to legator, are liable to give thorough information in that issue during partitioning.
(Şerh No: 14634 - Çeviren: Av.Kadir ORUÇ - Tarih : 29-05-2013 16:18)

Persons who have been living with or cared by legator at the time of his or her death, may request to be provided of their three months’ care and subsistence expenses starting from the date of death from the estate.
(Şerh No: 14633 - Çeviren: Av.Kadir ORUÇ - Tarih : 29-05-2013 16:17)

Heirs, constitute shares from properties of estate in the number of heirs or joint root. If no has been agreement, each one of heirs, may request to be constituted of shares from the court of peace. Judge takes into consideration local customs, personal conditions of heirs and wish of majority in partitioning. Allocation of shares is made pursuant to agreement of heirs. If that is not possible, it is drawn lots.
(Şerh No: 14638 - Çeviren: Av.Kadir ORUÇ - Tarih : 29-05-2013 16:11)

In case there has not been a contrary provision at law, heirs shall have equal rights over all properties of estate in partitioning. Heirs, are obliged to give all information concerning their relationships with the legator in between to each other which is necessary to take into consideration in order to be consistent of partitioning to equity and justice . Each one of heirs, may request to be paid debts of estate or put under assurance of them before partitioning.
(Şerh No: 14637 - Çeviren: Av.Kadir ORUÇ - Tarih : 29-05-2013 16:04)

Creditor who took over or sequestrated share of a heir or possessed proof of insolvency received against that heir in inheritance opened, may request to be appointed a trustee so as to participate to partitioning in place of that heir, from judge of peace.
(Şerh No: 14636 - Çeviren: Av.Kadir ORUÇ - Tarih : 29-05-2013 15:58)

 
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