17 May Since The Plaintiff Does Not Have an Active Hostility License, Her Request Must Be Rejected
Supreme Court of the Republic of Turkey 8.Legal Department Basis: 2018/14999 Decision: 2018/18937 Decision Date: 20.11.2018
Summary: the case relates to the request for the cancellation of the appeal against the pursuit initiated for the collection of rent receivables. There is no dispute between the parties regarding the initial and five-year lease agreement, which is based on the case and based on the provision. As the lessee on the front of the lease … Kim Amb. Tic. A.P. it is written and signed by the plaintiff … (representing 147/200) and … (53/200 shares), with the signature section of the contract being struck by the company stamp. In the face of such arrangement of the lease agreement, it is necessary to accept that the lessor is a company. Since the driver’s license is related to public order, it is a matter that must be observed by the court itself. For this reason, the court had to decide on the denial of the request, since the plaintiff did not have a driver’s license for active hostility, and the decision had to be overturned because the decision was not correct.
(6098 P. K. m. 136, 331) (6100 P. K. Late. m. 3) (2004 p. K. m. 366)
At the end of the trial between the parties and in the case described above, the court decided to dismiss the case, and after the decision was appealed by the plaintiff’s attorney, the Department reviewed the file and considered it necessary.
Based on the written lease agreement dated 01.09.2013,the plaintiff creditor has requested the collection of the lease receivables of TL 36.890.00,including TL 31.620.00,which he will receive in December 2015 with the execution follow-up initiated on 17.12.2015, the payment order has been notified to the debtor company of the defendant on 22.12.2015. In the appeal petition dated 28.12.2015, the defendant debtor company stated that he was a tenant at the current address until 17.11.2015, that all leases were fulfilled as long as the lessor was used, even if his client did not use the lessor 11.month and 12.months rent and deposit, on 17.11.2015 unsuitable become unavailable, the client’s raw materials, machinery and equipment have become unusable as a result of fire, therefore immovable client by the company after the date 17.11.2015 is unavailable, 331 of the Tbk of the convention, as the real estate was not made available.16.12.2015 according to the article reported that there had been on the date of termination, the reason for the fire exit due to the negligence of the property owner, the plaintiff the right of their imprisonment when establishing your client’s estate, and law that was contrary to the principles of the right to the prison to prison due to the removal of the right who didn’t come up to 6 month’s rent rent for the month of December, a letter of credit and unused by the current client file that he was admitted to the execution of his client’s creditors were free of any debt, he reported that the lease agreement between them was terminated for the right reason on 16.12.2015, so he objected to the pursuit initiated by cashing out the movable pledge opened within 15 days of the right to imprisonment and the right to imprisonment, all receivables and Pharisees. After the payment order was challenged by the defendant debtor company, the plaintiff appealed to the creditor’s executive Court and asked for the appeal to be lifted.
In a statement during the hearing, the defendant’s attorney said that the condition of the case was not met, that his client … Kim Amb. Tic. A.He claimed that he had entered into a lease agreement with Sh, that the plaintiffs … were partners of his company, that the company was a legal entity, so the plaintiffs did not have a driver’s license, first of all, he demanded that the case be decided on procedural rejection.
By the court, the real estate subject to rent burned on 17/11/2015, it is understood that the real estate has become unusable, the contract has been terminated with a notice dated 16.12.2015, the real estate subject to rent has lost its character, 136 of the Code of Obligations.according to Article 331 of the Code of obligations, it must be accepted that the contract has expired.according to the article, it is understood that the terms of termination were formed and the lessee terminated the contract, the legal conditions were met, the case was decided to be dismissed, the decision was appealed by the attorney of the plaintiff.
The case relates to the request for the cancellation of the appeal against the pursuit initiated for the collection of rent receivables.
There is no dispute between the parties regarding the 5-year lease agreement with the starting date of 01.09.2013, which is the basis of the case and is based on the provision. As the lessee on the front of the lease … Kim Amb. Tic. A.P. it is written and signed by the plaintiff … (representing 147/200) and … (53/200 shares), with the signature section of the contract being struck by the company stamp. In the face of such arrangement of the lease agreement, it is necessary to accept that the lessor is a company. Since the driver’s license is related to public order, it is a matter that must be observed by the court itself. For this reason, the court had to decide on the rejection of the request, since the plaintiff did not have a driver’s license for active hostility, while the decision had to be overturned because the decision was not correct in writing.
Conclusion: Huhuk reasoning Law No. 6100 with the acceptance of Appeals for the reasons described above.or provisional 3 added By Law No. 6217.considering the provision of Article 428 of the Huhuk Code of reasoning.in accordance with article 366/3 of the iik by the parties to the violation of the decision. in accordance with the article, The Court of Cassation decided unanimously on 20.11.2018 that a request for correction of the decision can be made within 10 days from the notification of the decision and the return of the advance fee to the appellant in case of request. (¤¤)
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