Disputes falling within the scope of mandatory mediation as of 01.09.2023:
• Cases for dissolution of partnership.
• Disputes arising from condominium ownership.
• Disputes arising from neighborly relations.
• Disputes arising from the rental relationship. (Except for eviction through enforcement.)
• Agricultural production contracts.
The main difference between Tort and Crime; There is a principle of legality in crimes. However, this does not exist for torts.
Brand; It is protected by trademark registration. Inventions are protected by patent registration. In the case of designs, they are protected by design registration. After trademarks, patents and designs are registered, in case of violation of related rights, unfair competition must be prevented through litigation.
If a crime is committed regarding Intellectual and Artistic Works, professional associations or rights holders can complain to the Chief Public Prosecutor's Office.
Such crimes are subject to complaint.
The court responsible for such crimes is the Intellectual and Industrial Property Rights Criminal Court.
There are legal regulations regarding such situations.
Migration is a situation that dates back to the earliest periods of human history and is still experienced frequently today. People migrate due to compulsory reasons such as wars and natural disasters; In addition, it is known that they migrated to obtain better living conditions. There are regulations at international and national levels that regulate the rights of refugees and asylum seekers and provide them with various opportunities. The issue of migration emerged as an international problem at the beginning of the 20th century. Today, intense migration movements continue to occur due to reasons such as internal turmoil in countries, ethnic and religious pressures, political instability, natural disasters and economic difficulties. The subjects of migration and asylum issues, which have become a national and international problem, are individuals called refugees (Refugee) and asylum seekers (Asylum Sekeer), and many problems have arisen when these individuals cross the borders of their countries and turn to other countries. However, many organizations that operate for refugees and asylum seekers have also emerged; The United Nations High Commissioner for Refugees (UNHCR), the International Organization for Migration (IOM) and the Migration Policy Development Center (GPGM) stand out as the main organizations providing services to refugees and asylum seekers in the international arena. Article 14 of the Universal Declaration of Human Rights, published in 1948, states: "Everyone has the right to seek refuge and be accepted in other countries when he is under constant oppression." (Universal Declaration of Human Rights [UDHR], 1948: article 14). Asylum, or formerly known as asylum, is when a person enters another country or foreign country representatives, warships or aircraft, and seeks the protection of that state, due to various pressures or legal prosecutions of the country of which he is a citizen or resident. According to Abadan-Unat, refugees are defined as people who cross the borders of the country they live in for protection, but do not meet the criteria in the 1951 Geneva Convention Concerning the Legal Status of Refugees (MHSİCS).
Nowadays, the use of electric vehicles has become more frequent. Because; The need for an electric vehicle charging station has become essential. Electric vehicle protects nature and has been accepted as a good alternative solution to existing air pollution.
For all these reasons; The Parking Regulation prepared by the Ministry of Environment and Urbanization requires the installation of electric charging units in newly built apartments and sites.
In the regulation; In buildings with 20 or more compulsory car parks, it is required that there be no less than 1 charging unit and at least 5 percent of the parking lot is designed to be suitable for electric vehicles, including the charging unit.
For this, a meter should be installed and a fee should be charged according to the usage amount of the flat owners using the area. Since this will be a common area, there will be no possibility of receiving special invoices for individuals, in this case it will need to be reflected in the dues.
It should be emphasized that; If the management establishes a charging station for all flat owners to benefit from, then the decision is taken by the majority of the flat owners in number and land share.
Only flat owners have decision and permission authority (tenants do not).
In this case, the tenant must contact the landlord for charging station installation.
Rights and Legal Responsibilities of Physicians ⚕️
- Right to Receive Adequate Wage
- The Right to Exercise One's Profession Freely
- The Right to Use Modern Technology and Science
- Right to Participate in Managerial Decisions
- Right to Reject the Patient
- Right to Request Consultation
- The Right to Protect Health and Be Protected from Occupational Risks
- Right Not to Guarantee Recovery
- The Right to Spend Adequate Time for His Patient
- Right to Refrain from Testifying
- Right to Determine Treatment
- The Right to Receive Information and Request Compliance with Advice and Treatment
- Right Not to Take Punitive Actions
In terms of responsibility;
-Three basic elements are required for physicians to be held responsible for all types of medical interventions and treatments. The action must be unlawful and/or faulty, there must be a resulting harm and there must be an appropriate causality link between the harm and the action.
•Contested Divorce Case can be filed based on both severe disagreement and specific reasons for divorce.
When such a situation occurs; When the court sees that the reasons and facts put forward are related to the special reason for divorce, it will give priority to the special reason and decide on the divorce decision based on the special reason.
•The main difference between General Reasons for Divorce and Special Reasons for Divorce is related to the proof of fault. As a matter of fact, if special reasons for divorce have occurred; The plaintiff is not obliged to prove the defendant's fault or, if there is a fault, how faulty he is.
• However, if the foundation of the marital union is shaken, in other words, if it includes general reasons for divorce in case of severe conflict, then the parties are obliged to prove each other's fault in court.
It should be emphasized that; In case of severe incompatibility, when a contested divorce case takes place based only on the specific reason for divorce, without citing the general reasons for divorce, a divorce decision is given based on the general reason that the marriage union is shaken from its foundation.
•The reason for this is that a contested divorce case does not occur due to the general reason.
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If the judge encounters both the general reason for divorce and the specific reason for divorce in the divorce petition, he must investigate both situations together with the evidence and decide with his discretion.
•According to Birsen, it is possible to combine general and specific divorce reasons.
•According to Özuğur, two situations must be present for the Marriage Union to be shaken from its foundations. One of these is the condition of shaking the foundation of the union and the other is the condition of unbearability.
•According to Tekinay, when the judge examines the petition, he should also carefully consider the situations that do not exist in the petition, since he is not bound by existing legal reasons.
•In my opinion; The judge is not bound by the legal reasons contained in the divorce petition; Our valid principle in procedural law is the "Based on Facts Principle" and not the "legal reason" principle.