Uçarer Law and Consultancy

Latest Notes

On our Law Academy page, we present legal knowledge in a way that can be applied across everyday life. From the latest Supreme Court rulings to trending legal matters, you’ll find practical legal tips ranging from rental disputes to workplace rights.

Mortgage on Family Home

Supreme Court 2nd Civil Chamber 2022/7725 E. 2022/7277

If a family home is mortgaged to a bank by one spouse, the other spouse must give written consent for the transaction. Otherwise, the non-consenting spouse may request annulment of the mortgage in court.

Employee’s Overtime Claim

Supreme Court 9th Labor Chamber 2022/3115 E. 2022/3812 K

Overtime claims made by employees against signed payrolls presented by the employer must be proven with written evidence only.

Wedding Deposit

Supreme Court 3rd Civil Chamber 2021/6310 E. 3021/11809 K.

Clauses stating 'Deposits are non-refundable' in contracts with wedding or event service providers have no legal validity.

Alimony for Children Over 18

Supreme Court 3rd Civil Chamber 2020/1668 E. 2020/2417 K.

Alimony for joint children ends once the child reaches age 18. However, if the child's education continues, they may request alimony until the end of their studies.

Tenant Refusing Eviction

Supreme Court 8th Criminal Chamber 2021/4228 E. 2023/162 K.

If a tenant refuses to vacate a property after a court-ordered eviction becomes final, they commit the crime of 'occupying property without right,' punishable by 6 months to 3 years in prison.

Witnessing via Phone

Supreme Court 12th Criminal Chamber 2020/1120 E. 2022/5678 K.

If someone is threatened or insulted during a phone call and activates speaker mode for others to hear, those individuals' testimonies are valid and must be considered.

Witness with Ongoing Lawsuit

Supreme Court 9th Labor Chamber 2019/6514 E. 2021/2443 K.

Statements from witnesses who have active lawsuits against the employer alone cannot serve as the basis for a ruling. Their claims must be supported by additional evidence.

Key Handover in Tenant Eviction

Supreme Court 3rd Civil Chamber 2022/2496 E. 2022/4921 K.

Vacating the property is not enough to terminate tenancy. The tenant must also return the keys to the landlord, or else rent and dues remain payable.

Debts of the Deceased

Supreme Court 3rd Civil Chamber 2022/1016 E. 2022/4648 K.

The statute of limitation for rejecting inheritance is three months from the decedent's death. Creditors may not initiate enforcement against heirs who lawfully reject inheritance within this time.

Unauthorized Expropriation of Property

Supreme Court General Assembly 2019/49 E. 2022/228 K.

If a property is interfered with without formal expropriation, the owner may sue the administration to stop the unlawful intervention or consent to the transfer and claim compensation.

Validity of Construction Contracts for Apartments

Supreme Court 6th Civil Chamber 2021/3521 E. 2022/1588 K.

Apartment-for-flat construction contracts must be signed by all unit owners and executed before a notary. Otherwise, they are invalid.

Invoice Issuance Deadline

Supreme Court 7th Criminal Chamber 2021/29365 E. 2022/949 K.

Invoices must be issued within 7 days of delivery. Late invoices are considered unissued, and incur a tax penalty of 10% of the invoice amount.

Second Statement at Police Station

Supreme Court 1st Criminal Chamber 2022/828 E. 2023/823 K.

If a suspect’s statement must be taken again for the same incident, it cannot be taken at the police station. It must be taken by the prosecutor. Otherwise, it is inadmissible.

Cash Payment to Employee

Supreme Court 9th Labor Chamber 2023/5176 E. 2023/5474 K.

If an employee receives minimum wage via bank and the rest in cash, they may quit and demand severance pay from the employer.

Employee with Reduced Salary

Supreme Court 9th Labor Chamber 2023/14919 E. 2023/12 K.

An employee’s salary can only be reduced with their written consent. Silence is not deemed consent. If salary is underpaid, the employee is entitled to severance pay.

Inheritance Property in Divorce

Supreme Court 2nd Civil Chamber 2022/4707 E. 2023/3546 K.

Assets inherited by a spouse are deemed personal property. Therefore, these cannot be subject to division in a divorce settlement.