Because unfairly giving the employee a negative performance rating allows him to face negative consequences in professional life, the trustee requires moral compensation in exchange for the employee's damaged spiritual presence. You can look at the example Supreme Court decision. 9. Legal Department Base Number: 2021/1317 Decision Number:...
38 of our Constitution. Article 6. "findings obtained in violation of the law cannot be accepted as evidence."It is clear that findings obtained in violation of the law under the provision cannot be accepted as evidence. If so, the evidence seized in the search without...
Penal Clause: if the parties do not comply with the terms of the contract at all or do not comply properly, the Penal Clause is mentioned if they have agreed that the party that does not comply will pay a certain amount of money. Unlike...
Fraudulent bankruptcy, No. 161 of the Turkish Criminal Code No. 5237. "a person who makes fraudulent savings aimed at reducing his assets shall be punished with a prison sentence of three to eight years if bankruptcy has been decided before or after these fraudulent savings."arranged...
Reckless bankruptcy, No. 162 of the Turkish Penal Code No. 5237. "the person who causes bankruptcy due to the lack of attention and care required to be a trader shall be punished with a prison sentence of two months to one year if the bankruptcy...
The crime of fraud occurs when the perpetrator acts to the detriment of the victim or someone else by deceiving someone with his fraudulent behavior, as well as for the benefit of himself or someone else. If the crime is qualified, it is committed by...
The crime of intentional wounding is the infliction of pain on a person's body, damage by an effective action that will disrupt his or her body integrity, impair his or her health or ability to perceive. Of course, this crime can be committed with a...
A pre-contract is a contract that places one or both parties under the obligation to make the original contract. For example, a promise to sell real estate is a pre-contract. This contract creates a debt to enter into a real estate sale contract in the...
Theory of Invalidity: according to some authors in the doctrine and the Swiss Federal Court (Picasso decision of 1988), the contract is invalid for both parties in case of will disability. The right to assert this invalidity belongs only to the party whose Will is...
Overcharge is a disproportion between decency and counterproduction by taking advantage of the inexperience or thoughtlessness of the opposite party in a difficult situation (in an auction). According to TBK; “If there is a clear disproportionality between mutual acts in a contract, it is decidedly disproportionality, from...
