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Latest articles and legal information in the field of law

Guardianship Appointment Procedure
Family Law

Guardianship Appointment Procedure

The appointment of a guardian is a legal institution through which a court appoints a representative to protect the rights and interests of individuals who are unable to manage their personal or financial affairs independently and effectively. This article examines the conditions for the appointment of a guardian, the grounds for guardianship, the judicial procedure, the powers of the guardian, and the relevant case law of the Court of Cassation (Yargıtay).

Av. Burak Halit Kuru7 min read
The Offence of Purchasing, Accepting, Possessing, or Using Narcotic or Stimulant Substances for Personal Use (Article 191 of the Turkish Penal Code)
Criminal Law

The Offence of Purchasing, Accepting, Possessing, or Using Narcotic or Stimulant Substances for Personal Use (Article 191 of the Turkish Penal Code)

The offence of purchasing, accepting, possessing, or using narcotic or stimulant substances for personal use is regulated under Article 191 of the Turkish Penal Code and is primarily aimed at combating addiction and protecting public health. This article examines the elements of the offence, the distinction between possession for personal use and drug trafficking, the deferment of public prosecution, probation measures, effective remorse provisions, and the relevant case law of the Court of Cassation (Yargıtay).

Av. Burak Halit Kuru5 min read
Use of Common Areas Contrary to Their Intended Purpose and Unlawful Occupation
Real Estate Law

Use of Common Areas Contrary to Their Intended Purpose and Unlawful Occupation

The misuse or unlawful occupation of common areas in condominium ownership constitutes a significant legal issue that infringes upon the rights of other unit owners. This article examines the occupation of common areas, actions for prevention of interference, claims for ecrimisil (compensation for unlawful occupation), and the available remedies under Law No. 3091

Av. Burak Halit Kuru6 min read
Mobbing (Workplace Psychological Harassment)
Labor Law

Mobbing (Workplace Psychological Harassment)

Mobbing refers to the systematic psychological harassment of an employee in the workplace. This article examines the definition of mobbing, its types, the methods of proof, and the relevant legal processes in light of the case law of the Court of Cassation (Yargıtay).

Av. Burak Halit Kuru8 min read
Appointment of a Manager in Condominium Ownership
Real Estate Law

Appointment of a Manager in Condominium Ownership

The appointment of a manager in condominium ownership is essential for the proper administration of apartment buildings and residential complexes. This content examines, within the scope of Article 34 of the Condominium Law, the circumstances in which appointing a manager is mandatory, the election procedure, the double majority requirement, meeting and notice rules, and relevant case law of the Court of Cassation (Yargıtay). It also addresses key legal processes such as the annulment of decisions due to procedural irregularities and court-appointed managers.

Av. Burak Halit Kuru8 min read
General Assembly of Unit Owners
Real Estate Law

General Assembly of Unit Owners

This content on condominium law examines the structure, duties, and powers of the General Assembly of Unit Owners, as well as meeting and decision-making quorums and the binding nature of its resolutions. It also addresses the annulment of assembly decisions, practical issues, and relevant case law of the Court of Cassation (Yargıtay). This overview serves as a practical guide for understanding the functioning of condominium governance and preventing potential legal disputes.

Av. Burak Halit Kuru5 min read
Disturbing Activities Within an Independent Unit
Real Estate Law

Disturbing Activities Within an Independent Unit

Disturbing activities within an independent unit are actions that, while exercising property rights, infringe upon the peace and living order of other unit owners. This article examines, within the framework of Articles 18 and 25 of the Condominium Law, the legal nature of disturbing activities, the available remedies, the conditions for eviction, and the relevant case law of the Court of Cassation (Yargıtay).

Av. Burak Halit Kuru5 min read
Common expenses in condominium ownership
Real Estate Law

Common expenses in condominium ownership

Common expenses in condominium ownership are expenses arising from the use, maintenance, and operation of common areas of the principal property, which unit owners are legally obliged to contribute to. This article examines, within the scope of Article 20 of the Condominium Law, the legal nature of common expenses, their allocation, the collection process, and the relevant case law of the Court of Cassation (Yargıtay).

Av. Burak Halit Kuru7 min read
The Offence of Selling, Purchasing, or Accepting Property Obtained Through Crime
Criminal Law

The Offence of Selling, Purchasing, or Accepting Property Obtained Through Crime

The offence of selling, purchasing, or accepting property obtained through crime is a criminal offence aimed at preventing the unlawful transfer and circulation of property derived from criminal activity. This article examines, within the scope of Article 165 of the Turkish Penal Code, the elements of the offence, the applicable sanctions, the requirement of intent, the aggravated forms of the offence, and the relevant case law of the Court of Cassation (Yargıtay).

Av. Burak Halit Kuru6 min read
Prohibition of Subletting
Real Estate Law

Prohibition of Subletting

The prohibition of subletting is an important rule in tenancy law that prevents the tenant from leasing the rented property to third parties or allowing them to use it without the landlord’s consent. This article examines, within the framework of Articles 322 and 316 of the Turkish Code of Obligations, the breach of the prohibition of subletting, the eviction process, the 30-day notice requirement, and the legal status of the subtenant.

Av. Burak Halit Kuru4 min read
Conditions for Eviction Due to Need
Real Estate Law

Conditions for Eviction Due to Need

Pursuant to Article 350 of the Turkish Code of Obligations (TCO), the landlord may terminate the lease agreement if the leased property must be used as a residence or workplace by the landlord, the landlord’s spouse, descendants, ascendants, or persons whom the landlord is legally obliged to support.

Av. Burak Halit Kuru8 min read
Eviction Undertaking and Its Validity Requirements
Real Estate Law

Eviction Undertaking and Its Validity Requirements

An eviction undertaking is a written declaration whereby the tenant voluntarily undertakes to vacate the leased property on a specified date, as regulated under Article 352 of the Turkish Code of Obligations (TCO). This article provides a detailed analysis of the validity requirements of the undertaking, the one-month peremptory period, and the relevant case law of the Court of Cassation (Yargıtay).

Av. Burak Halit Kuru5 min read