Categories: General

Request For Termination Of The Waiver

… To THE COURT

PLAINTIFF :

Deputy :

DEFENDANT :

Subject: it consists of our request for termination of the waiver.

INSTRUCTIONS :

1 -) on behalf of our client and against the defendant … the Court of First Instance …/ … E. we have filed a claim for the cancellation of the title with the numbered file. Since the beginning of the trial, the defendant has declared that the parcel belonging to our client and the parcel belonging to him are different places. … / … / … we have waived our case in the historic session, relying on the Good Will of the defendant. However, the defendant did not have good intentions, the Court of First Instance … / … E. we have learned that the expert report received at the end of the discovery in the case of prevention of Elat, which he opened in his numbered file, was communicated to us on the date.

2 -) 91 of the Code of Civil Procedure No. 1086. references;

“A waiver is a waiver by one of the two parties of a final request.” ,

references;

“Waiver and acceptance are the legal consequences of a strict provision.

In cases where Rapti is required by law, if he accepts the request for the outcome of the defense, the peace of the continuation of the case is not mandatory, and this acceptance does not bring a legal continuation other than this.” ,

23 of the Code of Obligations No. 818. references;

“A party that makes a fundamental mistake in making a contract cannot be associated with that contract.” ,

references;

“Even if the fault of the party obliged to perform the contract by the trick of the other party is not based, it shall not be associated with the contract.

It refers to the contracting need made by the party that is a third party’s hilsine düçar. So much so that if the other party finds a foundation for this trick or needs to be a foundation, it does not need a contract.”

the arrangement is located at.

3 -) for the reasons we have explained, Our client has an obligation to apply to your court to decide on the termination of the waiver statement that the defendant made based on his goodwill.

Legal reasons: 1086 P. K. m. 91, 818 S. K. m. 23, 28 and related legislation

Legal evidence: … of the Court of First Instance … / … E. file number, … of the Court of First Instance … / … E. numbered file, dated expert report and other evidence

Conclusion and request: for the reasons explained above, our client … the Court of First Instance …/ … E. we respectfully request on behalf of our client that the judgment made in his numbered file be decided to terminate the waiver statement he made at his session on the date of the trial, that the trial costs and power of Attorney be charged to the other party. …/ …/ …

Acting Plaintiff

Lawyer

Aşıkoğlu Law Office

Recent Posts

A CLAIM FOR COMPENSATION UNDER THE WORKPLACE INSURANCE POLICY, WHICH ALSO INCLUDES EARTHQUAKE COVERAGE

17. Law Office 2018/1547 E. , 2018/12611 K. “text of jurisprudence” COURT : Court of…

2 years ago

REQUEST FOR DETERMINATION OF EVIDENCE AND DECISION

ARTICLE 402 OF THE CCP (1) The request for the determination of evidence shall be…

2 years ago

DETERMINATION OF EVIDENCE WITHIN THE SCOPE OF HMK

ARTICLE 400 OF THE Civil Procedure Code (1) Each of the Parties may request that…

2 years ago

CHILDREN RECEIVE COMPENSATION FOR DEPRIVATION OF SUPPORT DUE TO PARENTS

SUPPORT OF PARENTS TO THEIR CHILDREN 1- GENERAL RULE According to the decisions of the…

2 years ago

COUNCIL OF STATE DECISION ON EARTHQUAKE INSURANCE

11. Apartment 2001/2549 E. , 2005/183 K . “text of jurisprudence” T.C. COUNCIL OF STATE…

2 years ago

COMPENSATION LAWSUIT FOR DAMAGE CAUSED BY THE EARTHQUAKE

17. Law Office 2016/11461 E. , 2019/7615 K. “text of jurisprudence” COURT : Court of…

2 years ago