11 Apr Court Decision Regarding The Receipt of Contributions
Supreme Court of the Republic of Turkey
2.Legal Department
Basis: 2016/6780
Verdict: 2016/12633
Decision Date: 28.06.2016
CLAIM THAT HE WILL RECEIVE CONTRIBUTIONS – CLAIM THAT HE WILL RECEIVE CONTRIBUTIONS RELATED TO REAL ESTATE ACQUIRED DURING THE PROPERTY SEPARATION REGIME – FAILURE TO DECIDE ON THE EXECUTION OF INTEREST AS VALID FROM THE DATE OF THE CASE FOR THE TOTAL AMOUNT RULED-CORRECTION AND APPROVAL OF THE PROVISION
SUMMARY: litigation, real estate acquired during the regime of separation of property contribution amount is requested in the petition that would take interest on demand comment about 5,000 to sue you for the date 10.04.2008 to date, in terms of the amount of TL 26.611.00 the breeding of breeding should be executed as of the date 01.12.2014 dominated while total 31.611,00 TL lawsuit has not been correct as of the date of execution of the decision of the entire interest. Although the defendant’s appeals against interest are in place for the reason described and the provision should be violated in terms of the interest section, it was necessary to decide whether the Hu section of the provision should be corrected and upheld, as this does not require a retrial.(HUMK m. 438/7)
(1086 P. K. m. 438)
Case and decision: at the end of the reasoning of the case between the parties, the provision given by the Local Court, the date and number shown above, will receive contributions from the defendants … in terms of; the plaintiff will appeal by way of participation in terms of cancellation and rejection of the registration request and the amount of contribution he will receive, the documents were read and discussed and considered necessary:
1 -) The defendant appealed in terms of receiving the contribution accepted by the provision, and the plaintiff appealed in terms of cancellation of the title deed and rejection of the registration request by way of participation. The request for appeal by accession is strictly dependent on the original request for appeal. The defendant does not have an appeal for the cancellation and registration of the title. In this case, it was necessary to decide on the rejection of the appeal request for this direction, since the plaintiff’s request for cancellation and registration of the title deed through participation cannot be examined.
2 -) as for the examination of Appeals that the plaintiff and the defendant will receive contributions;
a) according to the articles in the file, the evidence on which the decision is based, and the reasons in accordance with the law, and in particular, there is no error in the evaluation of the evidence, all appeals of the plaintiff, which fall outside the scope of the following bend of the defendant, are unwarranted.
B) the case, the regime of separation of property acquired during comment about 5,000 contribution interest on real estate demand is requested in a petition to sue you for any amount that would take the date 10.04.2008 to date, in terms of the amount of TL 26.611.00 the breeding of breeding should be executed as of the date 01.12.2014 dominated while total 31.611,00 TL lawsuit has not been correct as of the date of execution of the decision of the entire interest. Although the defendant’s appeals against interest are in place for the reason described and the provision should be violated in terms of the interest section, it was necessary to decide whether the Hu section of the provision should be corrected and upheld, as this does not require a retrial.(HUMK m. 438/7)
Conclusion: 2 of the provision paragraph of the reasoned decision for the reason shown in Paragraph 2/b above the appellant provision. instead of removing the words “31.611,00 TL from the legal interest from the date of the case from the defendant …” from the provision, ”31.611, 00 TL total contribution will be received from the defendant …to the plaintiff with collection, 5.000 TL for this amount 10.04.2008 case, 26.611.00 TL for 01.12.2014 legal interest execution” to write the words corrected this part of the provision, other parts subject to appeal are in Paragraph 2/a above confirmation of the reason described, 1 above, the plaintiff’s appeal for the cancellation and registration of the title deed. for the reason shown in the bent, the fee written below Y.’E to load, advance expense offset and 143.50 TL. since the appellate application fee is received in advance, there is no place for other fees to be received, the appellate advance fee is deposited A.it was unanimously decided that the way to correct the decision was open within 15 days of the notification of this decision. 28.06.2016
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