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Latest articles and legal information in the field of law

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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 Kuru6 min read
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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 Kuru4 min read
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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 Kuru8 min read
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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 Kuru5 min read
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Criminal Law

Violation of the Inviolability of the Home

The offence of violation of the inviolability of the home is regulated under Article 116 of the Turkish Penal Code and aims to protect the inviolability of individuals’ residences and workplaces. The offence occurs when a person enters another’s residence or workplace without consent, or refuses to leave despite being requested to do so after entering with consent. This article examines the elements of the offence, the applicable sanctions, and the relevant case law of the Court of Cassation (Yargıtay).

Av. Burak Kuru5 min read
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Criminal Law

The Offence of Insult

The offence of insult is regulated under Article 125 of the Turkish Penal Code and aims to protect an individual’s honour, dignity, and reputation. The offence may be constituted where a person attributes to another a specific act capable of undermining that person’s honour and esteem, or where a person attacks another’s reputation through abusive language. This article examines in detail the constitutive elements of the offence, the applicable sanction, the statutory time limit for filing a complaint, and the relevant case law of the Court of Cassation (Yargıtay).

Av. Burak Kuru5 min read
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Real Estate Law

Eviction Action Based on Two Legitimate Notices

An eviction action based on two legitimate notices is a special type of lawsuit that grants the landlord the right to seek eviction at the end of the lease term if the tenant fails to pay the rent on time within the same lease year and is consequently served with two justified notices. This mechanism is regulated under Article 352/2 of the Turkish Code of Obligations. For this procedure to be applicable, there must be a valid lease agreement, the notices must be justified and duly served, they must relate to the same lease year, and the lawsuit must be filed within one month following the end of that lease year. The full satisfaction of these conditions is decisive for the acceptance of the eviction claim. The following article provides detailed information on the notice procedures and the related legal action.

Av. Burak Kuru4 min read
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Criminal Law

Offense of Fraud

The offense of fraud is regulated under Articles 157 and 158 of the Turkish Penal Code and consists of obtaining an unjust benefit by deceiving the victim through fraudulent acts. While the basic form of the offense is punishable by imprisonment from one to five years, the penalty is aggravated where the offense is committed through information systems or to the detriment of public institutions and organizations. This article addresses the general legal definitions of the offense, as well as certain aggravating and mitigating circumstances, in light of the precedents of the Court of Cassation.

Av. Burak Kuru5 min read
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Labor Law

Legal and Practical Steps to Follow After a Work Accident

Workplace accidents give rise to serious consequences that directly affect not only the physical and mental integrity of the employee but also their economic and social future. For this reason, the steps that must be taken after a workplace accident, the institutions to which applications should be made, and the circumstances under which the employer may face legal and criminal liability are of great importance. This article examines, in light of the case law of the Court of Cassation, the legal course of action that an employee who has suffered a workplace accident should follow immediately after the incident, the process before the Social Security Institution, the employer’s obligations within the scope of occupational health and safety, and the employee’s rights to compensation for material damages, moral damages, and loss of income during the passive period.

Av. Burak Kuru4 min read