26 Jul The Plaintiff Has a Claim Based On The Legal Reason For Unprovoked Enrichment-Dispute Resolution Is The Duty Of The General Courts
Supreme Court Of The Republic Of Turkey
3.Legal Department
Basis: 2016/10495
Decision: 2016/9366
Decision Date: 16.06.2016
CLAIM FOR DAMAGES – WHERE THE PLAINTIFF HAS A CLAIM BASED ON THE LEGAL CAUSE OF UNPROVOKED ENRICHMENT – WHERE THE DISPUTE RESOLUTION IS THE DUTY OF THE GENERAL COURTS – WHERE THE PROVISION IS BROKEN
Summary: The plaintiff’s request is from Turkish Civil Code .. .it is not within the scope of the “material compensation based on the breakdown of the engagement” request organized in the article, but is related to the claim of receivables based on the legal cause of enrichment without cause. As a matter of fact, the case was filed not only against the fiancee of the plaintiff, but also against the heirs of the real estate owner, and in this case, the settlement of the dispute is the duty of the general courts. In this case, a decision must be made by the court in accordance with the outcome of the work, while otherwise a decision on impeachment is contrary to the procedure and law and requires a violation.
(6098 P. K. m. 120) (6100 P. K. m. 114)
Case and decision: as a result of a court trial of the claim case between the parties, the decision to dismiss the case due to decency was appealed by the plaintiff’s attorney within the time limit; after the decision to accept the appeal petition was made, the papers in the file were read and considered necessary:
Attorney of the plaintiff in the petition of the lawsuit; he said his client and the defendants were engaged, that the house where the parties would live together when they got married….he noted that the client made some useful and mandatory expenses on this property, but after the breakdown of the engagement, his client requested the cost of these renovations from the defendants, but the client did not pay any payment, because the property subject to the lawsuit is registered on behalf of the defendants, all the heirs of muris … were shown as the defendant, he requested and sued the defendants to jointly and severally collect the legal interest of TL 20.473,00, which is the cost of the beneficial and mandatory expenses incurred for the move, which will be processed from the date of the lawsuit.
In the response petition, the defendants ‘ attorney asked for the dismissal of the case, stating that the case is related to the claim of receivables caused by the breakdown of the engagement, that the duty to look at the case belongs to the Family Court, and that the animosity in this case can only be directed at the plaintiff and the defendant engaged…, the ethics of the plaintiff’s claim that all costs were paid by his client….
In accordance with article 115/2, the court decided that the expense requested by the plaintiff from the defendants was an expense caused by the engagement contract, the expenses subject to the lawsuit were based on the legal cause of the breakdown of the engagement contract, and the task of dealing with this case belonged to the family court.
In a concrete case the plaintiff, the defendant during the period of their engagement with the defendant …’s allocated for the family to reside after marriage, and the deed to the defendants premises which are registered in the name Muris useful and mandatory charges made part of the move, citing the corruption of the engagement of these costs that increase the value of the immovable with the refund was prompt.
Accordingly, the plaintiff’s request is 120th of the Turkish Civil Code. it is not within the scope of the “material compensation based on the breakdown of the engagement” request organized in the article, but is related to the claim of receivables based on the legal cause of enrichment without cause. As a matter of fact, the case was filed not only against the fiancee of the plaintiff, but also against the heirs of the real estate owner, and in this case, the settlement of the dispute is the duty of the general courts.
In this case, while a decision should be made by the court in accordance with the outcome of the work on the basis of the decision in writing, the decision on non-duty is contrary to the procedure and law and requires a violation.
Conclusion: without regard to the principles described above, the provision in writing is not accurate, and since appeals are in place for these reasons, the provision is law of Civil Procedure with acceptance.nun 428.in accordance with the article, it was decided unanimously on 16.06.2016 to overturn and return the appeal fee received in advance to the appellant upon request.
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