celtic

Member
Thread For Legal Support
It wasn't being cheeky at all. It was actually your right to be in doubt about a person whom you can't be ensured at first. :)

I've already been answering the questions of foreigners in several web sites regarding Turkish law. Some of your members may know, I'm the user who's responding the legal questions with Tiocfaidh nickname in turkhukuksitesi.com.

It'll be my pleasure to help the ones who need help regarding Turkish law in your site, as it's already been so far.

Regards.
 

Karyn UK

Member
Thread For Legal Support
Hello, I read recently that there had been an amendment to the civil code in May 2007 to allow people to disinherit siblings from their estate, please can you confirm if this is true as I know a few people who are interested in this aspect of inheritance law.

Thanks

Karyn
 

celtic

Member
Thread For Legal Support
Hello, I read recently that there had been an amendment to the civil code in May 2007 to allow people to disinherit siblings from their estate, please can you confirm if this is true as I know a few people who are interested in this aspect of inheritance law.

Thanks

Karyn

I first need to explain a term "reserved portion" which is not a familiar one in common law. Reserved portion is used for defining the share of the inheritance that the inheritor can not be deprived of by the testator. It's an continental European law institute which was founded in order to protect the rights of closest relatives in case they might be totally disinherited. From the other side, it's not codified in the liberal countries where the common law rules are effective and the people are given the full freedom of managing their estates as they wish.

Aside from this short explanation of the definition of reserved portion, the closest relatives' inheritance rights are reserved due to this institute with these percentages below;

descendants; 1/2

spouse; 3/4

parents and other lineal ancestors; 1/4

The siblings' inheritance rights had been protected with the 1/8 percentage before the concerned amendment in 2007. However, it was abrogated and now a person may freely disinherit his/her siblings utterly.

You can see the details regarding the reserved portion of siblings and the new amendment from these messages I posted a while ago in another web site;

www . turkhukuksitesi. com / showthread.php?t=32082

You can ask in a new message if there's still something unclear in your mind Karyn,

Best wishes.
 
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Karyn UK

Member
Thread For Legal Support
Thank you, I thought that it was correct, do you have the relevent ammendment clause number and gazette entry date so my friends can quote it to lawyers who may not be quite so well informed!

Karyn
 

Peaceplant

Cat mad and unashamed
Thread For Legal Support
Hi Cem

First of all thanks for offering your services!!

My question concerns property law and the use of a senet.

We paid in full for an apartment in 2006 as we expected the property to be completed and delivered within a couple of months. The reality is the apartment did eventually get finished but tapu has still not been issued as the builder and landowner have been fighting in court over their 'split'.

We were crazy and did not get a contract. The details don't matter as we cannot believe how it happened ourselves. We were given a senet with the builders details on.

There has been so many court sessions we are worn out waiting. We have paid this week to present our senet via a lawyer in Bodrum. We have sent a thousand pounds for this. We are told if we get a refund we will be paying another 6k approximately.

There is another court case Friday and we pray this is it and we can get the tapu and the senet will not be needed but we have to sort it this week as it is 3 years. But I am baffled by the process and what we should expect to pay for the senet to be dealt with and what charges we should expect our lawyer to charge.

Please could you explain what a senet is and how it is honoured? If the builder has since sold the site does he still have to honour the senet?

Thanks
 

celtic

Member
Thread For Legal Support
Hi Cem

First of all thanks for offering your services!!

My question concerns property law and the use of a senet.

We paid in full for an apartment in 2006 as we expected the property to be completed and delivered within a couple of months. The reality is the apartment did eventually get finished but tapu has still not been issued as the builder and landowner have been fighting in court over their 'split'.

We were crazy and did not get a contract. The details don't matter as we cannot believe how it happened ourselves. We were given a senet with the builders details on.

There has been so many court sessions we are worn out waiting. We have paid this week to present our senet via a lawyer in Bodrum. We have sent a thousand pounds for this. We are told if we get a refund we will be paying another 6k approximately.

There is another court case Friday and we pray this is it and we can get the tapu and the senet will not be needed but we have to sort it this week as it is 3 years. But I am baffled by the process and what we should expect to pay for the senet to be dealt with and what charges we should expect our lawyer to charge.

Please could you explain what a senet is and how it is honoured? If the builder has since sold the site does he still have to honour the senet?

Thanks

Hi Peaceplant,

'Senet' is the general name of all written arguments to be used in the courts. However, it's used for defining a commercial paper -bond- as well. I can't know what exactly it is without seeing but give some basic information as presuming that it's bond.

First, you should know that bond is subject to prescription of 3 years. With a more clear statement, the holder of a bond must start the process of execution within 3 years from the maturity date.

Bond is a very strong argument for claiming for a credit. You don't have to file a case and waste time in the courts while holding a bond. You can directly start the execution process with bond and distress the money or property of your debtor in a very short time.

A thousand pounds must have been taken by your lawyer as the execution fees. Bear in mind that five per thousand of the total debt has to be put out by the creditor in the beginning of the execution process.

Bond involves no causes. It only involves the engagement of paying a certain amount of money. With this reason, you don't need to worry whether he will honour the bond if he sells the apartment. The builder will eventually has to pay you the amount written on the bond, no matter he sells the apartment or not.

A little note; if the the bond was given by your builder as a security paper for guaranteeing your lien of apartment, you can not direct a claim for getting the apartment delivered anymore after starting the execution of the bond considering that you'll have already been paid its value.

I hope these explanations will somewhat help. You can still ask in a new message if there's something I failed to enlighten, though.

Best wishes.
 
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celtic

Member
Thread For Legal Support
Thank you, I thought that it was correct, do you have the relevent ammendment clause number and gazette entry date so my friends can quote it to lawyers who may not be quite so well informed!

Karyn

You can give this info to be quoted by your friends to their lawyer, Karyn.

Türk Medeni Kanununda Değişiklik Yapılmasına Dair Kanun
5650 Sayı, 10.05.2007 RG
 
Thread For Legal Support
Hi there, I don't have a question (yet!) but I just wanted to say how helpful your advise will be to the members of this site...very kind of you :5:
 

celtic

Member
Thread For Legal Support
Hi there, I don't have a question (yet!) but I just wanted to say how helpful your advise will be to the members of this site...very kind of you :5:

Hehe, thanks a lot for this warm message. I hope you'll never encounter problems and have questions regarding Turkish law to be asked in this thread. :)
 

Manda

Member
Thread For Legal Support
Hello,

Firstly may I thank you for offering such wonderful help to us. It can be confusing when living in a foreign country with different laws.

You've already answered my main query. I wanted to know if my partner could leave his half of our property all to me. It's not that we want to disinherit his daughter, just have it so she gets everything once we are both gone. This is such a weight off my mind because it has been the biggest problem on moving here. At least now I know that if the worse happens I won't have to worry about selling my home too.

Thanks again,

Manda
 

boxerpaul

bootneck
Thread For Legal Support
hi cem i have made my attorney power of attorney becuse documents were missing from the person i did an exchange with a fathi caglan from altinkumatlas homes its costing me £1000 but mr duger my attorney says all he is do to is deliver my tapau in my name,but im worried if theres debt against the property and council fees owed,on my copy tapau it was only showing as arsa so no ket irtifaki,transaltor says he has promised to do that before millatry check is back and told me not to worry i exchanged my 3 bed duplex for £52.000 plus £25.000 in stirling for 3 bed semi detached on marina road,the contract wasnt signed by the advokat a zakki baron and my advokat i went to after i got suspicious of things and wanted his opinion he now has notorized contract from land owner to contractor to seel and build on,that was missing from this fathi caglan and luckily i went to mr dugar as he would have sold villa on again i think, my advokat said he hadnt spoken to the advokat who did contract with fathi caglan and me and another translator not one im with now,my translator says you paid for your duplex from haken balle from aegean-homes who i wish i had stayed with now after all this,so if fathi caglan dosnt carry out kat mulkiyeti,then he will not get tapau deeds from your duplex haken has said he wont hand them over so thats one good thing,i have my electric and water in my name with tags,fathi caglan tried to get me to pay a 2000ytl electric bil on my villa which was used to build it,my semi is attached to other semi but the other ones not sold not sold,i am worried im going to get a tapau back with just my name on saying land and no boxes ticked,i am worried its cost me with duplex exchange cash diffrence advokat translator well up to £78,500.00 so im very worried what happens if there are restrictions on the property and loans i can see me paying out loads, ive heard this fathi caglan has new car now i wonder if hes borrowed against my villa, he has court cases against him for properties not built so yes i am worried can yuo suggest any thing as my advokat says dont worry i am wooried regards paul newman,millatry check applied march 3rd 2009 so waiting now and yes im very worried,what would be point of paying £1000 in stirling for tapau to come back with my name on but no boxes ticked or they might not hand it over because of restrictions on it and they say dont worry,why does my advokat know some thing i dont know and that i will need to pay out more so he gets more work could do with advice thanks paul newman
 

Valian

Let sleeping dogs lie
Thread For Legal Support
That is really complicated Paul. I do hope that someone whose first language is not English will be able to understand it.
 

GnD

Member
Thread For Legal Support
Merhaba Celtic,

HoŞ Geldiniz. Çok naziksinizdir.

I think you will get many many replies on here. Thank you for offering to answer such questions.

"Kolay gelsin" may not be appropriate :)

Debbie
 

celtic

Member
Thread For Legal Support
What's the regulations about Military service & homosexuality?


All guys who are at the age of military service(19) are called to the military offices to get examined whether their healthiness are appropriate for getting conscripted. There are some health conditions counted in the concerned law that the candidate guys have to meet in order to join the army. One of these conditions is not being homosexual and the ones who have such sexual tendencies must emphasize it during the examination. These candidates are then taken to the nearest military hospital through the military office for the verification of their sexual identities. They are considered exempt from military service if the result of the hospital report comes positive. Draft dodging is a defined crime in Turkish law, however, a person can not be looked for, arrested, nor punished in this circumstance that his homosexuality gets verified by a health report supplied from a military hospital.

If he hasn't attended the health examinations in the military office at his 19, he will keep getting looked for by the gendarme. What he immediately must do is going to the nearest military office and tell the reason why he can not be drafted in the army. Then he will be taken off the a military hospital and gotten exempted of the military service, provided that he'll take a report of homosexuality.

Hope this helps.
 
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fran1

Member
Thread For Legal Support
I think so too, maybe a few bullet points/spaces might be in order, that way Paul you may get a reply.

But what a fantastic service are you based within any Law Firm Celtic?
 

celtic

Member
Thread For Legal Support
Paul, the issue in your message doesn't seem to be that complicated but your spelling really does. I've understood the general view of your complaints, however it wouldn't be right for me to answer without 100% being a master of the subject in case any misinformation and misdirection. Could you please care to write the events with a little better spelling and the punctuation marks? Thanks.


Thanks for your warm welcome Debbie, I'll try to help the foreigners in your site as far as I can. :)
 

celtic

Member
Thread For Legal Support
I think so too, maybe a few bullet points/spaces might be in order, that way Paul you may get a reply.

But what a fantastic service are you based within any Law Firm Celtic?

Thanks Fran, I'm not working within a law firm right now. I'm displaying a professional activity as a self employed lawyer in my own office. :)
 
Thread For Legal Support
Hi Carol,

All guys who are at the age of military service(19) are called to the military offices to get examined whether their healthiness are appropriate for getting conscripted. There are some health conditions counted in the concerned law that the candidate guys have to meet in order to join the army. One of these conditions is not being homosexual and the ones who have such sexual tendencies must emphasize it during the examination. These candidates are then taken to the nearest military hospital through the military office for the verification of their sexual identities. They are considered exempt from military service if the result of the hospital report comes positive. Draft dodging is a defined crime in Turkish law, however, a person can not be looked for, arrested, nor punished in this circumstance that his homosexuality gets verified by a health report supplied from a military hospital.

If he hasn't attended the health examinations in the military office at his 19, he will keep getting looked for by the gendarme. What he immediately must do is going to the nearest military office and tell the reason why he can not be drafted in the army. Then he will be taken off the a military hospital and gotten exempted of the military service, provided that he'll take a report of homosexuality.

Hope this helps.

Thankyou for your reply.
Should he report to the Gendarme office in the town where they are looking for him?
 

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