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Articles

01
Jun
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Inheritance Sharing and Inheritance Evasion

Inheritance Sharing and Inheritance Evasion - Muris Muvazaası Muris Muvazaası Muris Muvazaası is a collusive transaction in which the heirs agree to create an appearance that does not conform to their real will and does not have any effect and result between them, with the aim of deceiving third parties. The most common situation encountered in practice is that the persons who will bequeath their assets, especially real estates, to someone they want before they die, in the presence of the title deed officer [...]
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05
Apr
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Not Knowing That Invoices Are Fake -Court of Appeal Decision

T.C. YARGITAY 11th Criminal Chamber Main: 2002/5109 Decision: 2002/6193 Date of Decision: 24.06.2002 OFFENSE AGAINST TAXATION PROCEDURE LAW NUMBER 213 SUMMARY: It was understood that the defendant used the invoices obtained from Ö... Ticaret for the goods and services received from other taxpayers, and the defendant's defense that “I did not know that the invoices were forged” was not acceptable [...] since the defendant did not receive the goods and services from Ö... Ticaret. Trade, the defendant's defense that “I did not know that the invoices were fake” is acceptable [...]
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25
Mar
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Name Change Cases

The Civil Code allows a person to change his/her name, to have a name added, to correct misspelled names, to remove a name. However, the change of name can only be requested from the judge on the basis of justified reasons. A person whose use of his/her name is disputed may file a lawsuit for the determination of his/her right. As a result of the lawsuit, the change of name is recorded and announced in the civil registry. In case of a typographical error in a person's first or last name, a name / surname correction case [...]
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27
Feb
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Things to Know in the Right of Preemption Case

The right of pre-emption is frequently encountered in share deeds, i.e. in shared ownership. In case a shareholder sells his/her share in the immovable property to a third party in whole or in part, the other shareholders may exercise the right of pre-emption. The right of pre-emption cannot be used in forced auction sales. The waiver of the right of pre-emption must be made officially and annotated in the land registry. The waiver of the right of pre-emption in a particular sale must be in writing [...]
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10
Feb
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Recognition and enforcement of divorce decisions taken abroad

Divorce Decisions Abroad Can Be Recorded in the Population Register Without Filing a Recognition / Enforcement Case In order for the divorce decisions taken abroad to be valid in Turkey, the parties must file a recognition / enforcement case in Turkey. With the amendment made to the Law No. 5490 on Population Services on 29.04.2017, persons who divorced abroad will be able to recognize their divorce as valid in Turkey and register it in the civil registry without the need to file a recognition and enforcement lawsuit if they apply to the competent authorities together. The parties [...]
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09
Feb
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Check lost while in the drawer's possession

If the person who drew (issued and signed) the check has lost the check, he/she must first choose the "ban from payment" option for this check. TTK m. The provision of 757 is clear. The person who issued the check, who claims that the check was taken out of his possession against his will, may apply to the Commercial Court of First Instance at the place of payment and request that the addressee bank be prevented from paying the check. This is a preventive measure that is useful to take before canceling the check. […]
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