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Turkish civil liability and Turkish contract law

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Old 05-10-2006, 16:28   #1
Question

 
İyi Turkish civil liability and Turkish contract law

Hi, I have some questions regarding Turkish law.

(1) How long is the statute of limitations for a tort claim such as fraud and deceit?

(2) Does Turkish law recognize a claim for the intentional infliction of emotional distress?

(3) In the U.S. the "statute of frauds" requires that an oral agreement for employment lasting more than 1 year must be in writing. Does Turkish law also require that such a contract has to be in writing?

(4) How long is the statute of limitations for breach of an employment contract?

Thank you very much!
Old 05-10-2006, 19:07   #2
Tiocfaidh

 
Varsayılan

Alıntı:
Yazan Question
Hi, I have some questions regarding Turkish law.
Alıntı:
Yazan Question

(1) How long is the statute of limitations for a tort claim such as fraud and deceit?

(2) Does Turkish law recognize a claim for the intentional infliction of emotional distress?

(3) In the U.S. the "statute of frauds" requires that an oral agreement for employment lasting more than 1 year must be in writing. Does Turkish law also require that such a contract has to be in writing?

(4) How long is the statute of limitations for breach of an employment contract?

Thank you very much!

Dear Question, I'll try to answer the questions one by one as you numbered.

(1)A contract, which is done by a person whose will was weaken or broken by someone else, can be sued to be rendered invalid within one year from the day of the tort. If the person figures out that he/she was tricked or weaken by someone else later, the process of statute of limitation begins from the date when he/she figures it out. Yet, the holder of this right(the tort claimer) can't apply to the court after the prescription of 10 years from the contracture.

(2)Yes it does. A contract which was signed by an emotionally, mentally or psychologically distress inflicted person, can be claimed and sued to be rendered invalid in the court.

(3)Yes, Turkish labor law has almost the same requirements for an employment contract with US law. An employment contract has to be drawn up in writing if it’s agreed that it won’t last within one year.

(4)If it concerns with dismissal pay and other compansations, it’s one year from the date when the employment contract was breached(yet the person can’t claim any rights after 10 years).

Excuse my grammar and vocabulary mistakes dear Question. Sadly, I couldn’t do better than this due to my sickness(flu) and inexperience at practical law(as a new graduate).

Best wishes
Old 05-10-2006, 20:10   #3
Question

 
İyi Clarification

Thank you so much for your quick response!
I very much appreciate your answers to my questions #3 and #4. However, I think I wasn't clear enough with questions #1 and #2, so I'll try to ask them again:

(1) If you want to sue someone for fraud and deceit (NOT relating to a contract -- just a tort), is the statute of limitations 1 year?

(2) Can you sue someone for intentionally causing you to suffer severe emotional or mental pain (not physical pain)?

Again, thanks for all your help!
Old 05-10-2006, 21:34   #4
Tiocfaidh

 
Varsayılan

Dear Question, I seem to have misunderstood your first two questions, sorry.

1)What I understand from your last message is that you are asking about criminal law branch of fraud tort, but not private or contract law(Please correct me once again if I'm wrong). The criminal case of fraud tort will be sued by the public prosecutor, and the statute of limitation of fraud(also deceit) is 15 years. And the aggrieved party has to report the fraud tort(crime) to the prosecutor within 6 months from the date it was committed.

2)You can report it to the prosecutor's office, if you are emotionally suffered by someone. Only the prosecutor can sue this if he/she finds it serious enough to form a crime type in the penal code.

But you can of course personally sue that according to Turkish private law rules without reporting anything to the prosecutor, if you are willing to demand only reparations/compensations.

I hope I was clear enough this time, anyway, I would be glad to answer your questions regarding to these and other issues, if I can.

King regards
Old 17-10-2006, 18:00   #5
İzzet Hamle

 
Varsayılan

The question is not clear. Are you inclined to sue for annulment of the employment contract with regard to intentional infliction of emotional distress? What do you mean by fraud? What do you mean by deceit?
Old 07-04-2007, 17:27   #6
Konuk

 
Varsayılan rudizaharia@gmx.net

I am very interested about the dynamics of Inheritance Law in Turkey last century.
In other terms has it been like this; that in case the husbant dies the wife profits 1/4 of property and children S 2/3? (SORRY IT MUST ME 2/3)
Old 23-04-2007, 08:02   #7
Tiocfaidh

 
Varsayılan

Dear Guest,

According to the current form of Turkish Civil Code's inheritance section, the alive spouse recieves the 1/4 of his/her wife's/husband's total assets while the rest(3/4) part of estate is getting shared equally by the children.

I hope this helps,

Best wishes.
Old 12-05-2010, 13:46   #8
Konuk

 
Varsayılan

Plesae could you advise me whether in Turkish Law a purchaser of a property who has signed a written contract can unilaterally cancel the contract

Further if the purchaser refuses to complete the purchase and pay the balance of monies owed is this a repudiatory breach which would allow the seller to terminate the comtract and claim damages?

or does the seller have to serve a notice on the purchaser requiring completion by a given date before the contract can be terminated?

The contract is silent on these issues.

Thankyou
Old 29-08-2011, 08:51   #9
Konuk

 
Varsayılan Decree of Turkish Government

Good morning, I am a Greek attorney seeking information on the recent decree for the return of ceased properties in Bakoufia area of Instambul to revious owners. I wonder if you have a a copy of the decree, many thanks , my email is kkonofagos2@hotmail.com
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