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debts

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Old 27-12-2007, 11:50   #1
Konuk

 
Varsayılan debts

My friend since 4 years lives with her parents. She left her husband. But acording to law they still married. He didnt pay phone bill and now comapany has sent phone bill on her parents address couse they couldnt find his new address. Bill is on his name. Does she has to pay it?
Old 03-01-2008, 11:37   #2
cyprolaw

 
Varsayılan

Dear Konuk;
According to Turkish Civil Code –186,188 and 189 th articals;pairs direct the alliance together.And, since the representation competency is used for the legal proccesses which are made for breasting the daily necessities of the alliance, due to the processes which are made by one of the pair for this aim, the other pair is also responsible to the third persons successively and with his/her whole wealth. This is an imperrative rule of the civil code.By the way , she has to pay the bills , if she cannot convince him to pay them.
Old 03-01-2008, 16:15   #3
Konuk

 
Varsayılan debt

Dear Cyprolaw: can you explain in plain English what you wrote below..sorry, i did not understand at all.
*****

"According to Turkish Civil Code –186,188 and 189 th articals;pairs direct the alliance together.And, since the representation competency is used for the legal proccesses which are made for breasting the daily necessities of the alliance, due to the processes which are made by one of the pair for this aim, the other pair is also responsible to the third persons successively and with his/her whole wealth. This is an imperrative rule of the civil code"
Old 10-01-2008, 14:14   #4
Konuk

 
Varsayılan

It is no good just stating the law if you don't understand what it is trying to say. I can search the law is well but it is the interpretation that is important...
Old 11-01-2008, 13:17   #5
cyprolaw

 
Varsayılan

Alıntı:
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It is no good just stating the law if you don't understand what it is trying to say. I can search the law is well but it is the interpretation that is important...
The Interpretation of the previous message:
According to Law ; each of the pairs can direct the marriage alliance. And each of the pairs can represent the alliance for the daily necessities during the “common life”. And each of the pairs is responsible to third persons successively during the usage of representation competency.
As you tell in your previous message ;your friend is surviving her life with her parents.They are still married but they do not live a “common life”. As you see above , for using the represantation competency , there has to be a common life. If there is no representation competency depending on daily necessities , that means there is no responsibility depending on them also.
As far as I'm concerned , she is not responsible from the bills if she can proof that they were not living together during the the period of times which include the bill dates.
By the way , I became quite upset when I read your message. As you can see , people who try to be benefitful in this site are also living and working – especially jurists mostly hardworking- .They have some other responsibilities also like me. So sometimes we cannot find time to visit the site or make comments and give answers to the visitors. Trying to be benefitful musn’t be condemned .If only you’d be more patient . Nevertheless, I wish your friend will release from her legal and special problems.
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