14. Legal Department 2021/17 E. , 2021/937 K.
“Text Of Jurisprudence”
COURT OF First Instance: Court of First Instance
07/05/2013 given by the plaintiffs against the defendant with the petition attorney and registration of the deed of cancellation on the day of the second level, at the end of the trial on the claim; and provision given for the case of partially 11/07/2016 examination requested by defendants deputy yargitayca adoption blog … but apparently decided upon the adoption of the petition of Appeal has been resolved by examining all the papers in the file and:
K A R A R
The case is related to the cancellation of the title deed and registration, claim compensation at the second level.
The plaintiffs attorney, his client Muris the …’S 293 jointly with the promise of sale agreement dated 07.07.1970 neighborhood parcel malik defendants in Muris … and…’, taken from the client by the heirs to the present day and promise … and then muris nizasiz fasilasiz are used when the debtor …’s in 1974, the debtor promised …’s work in 1981, when he died, the heirs of the defendants refusing to transfer the deed on real estate for many years, but foreclosed on in 2011 by making the deed of real estate transactions 3. stating that they sold it to individuals and also removed the comment on the promise of sale that appeared earlier in the deed, he requested that the sale be canceled and that the market fair value of the real estate be determined and given to his clients with interest to be operated if it is not.
The deputy plaintiffs, with the reclamation petition dated 05.05.2016, increased the case value by processing a total of 114.590,00 TL and filed a lawsuit and requested that the decision be made together with the interest to be processed.
Some defendants’ deputies defended the rejection of the case.
By the court, with the partial acceptance of the case;
1-the heirs of the deed by the plaintiff’s attorney from the direction of the cancellation in the event it is not possible to fair compensation and compensatory amount to be determined in accordance with the principle of Justice, which was filed with a request for compensation in terms of the amount to be dominated, although the plaintiff’s attorney of a hit in terms of sales, shares of this stock because it is made from the prosecution of the plaintiffs, which was opened as a waiver of’S shares corresponding to the amount of shares due to the denial of the waiver of the trial in terms of,
2-plots of the old No. 293… the name of the registered immovable as a result of the implementation at a rate of 1/8 construction with…, … county … Dark, 11272 island, Parcel 3, with shares of the Square stock 31/6833 8 1606/12841 8732 Island became immovable the promise by the defendants based on the result of the disposal of sales 13/09/2011 the possibility of the performance of the promise to sell since it is not possible for the defendant 14.324,10.-TL 28,647.60 for the defendant.-TL 28,647.60 for the defendant.-TL, 14.324 for the defendant …,10.-TL 7,161.85 for the defendant.-TL 1.953 for the defendant,25.-TL 1.953 for the defendant,25.-TL’s, defendant … for 1,953.25.-TL 1.953 for the defendant,25.-TL, , 1.953 for the defendant …,25.-TL 1.953 for the defendant,25.-TL 1.953 for the defendant,25.-TL 1.953 for the defendant,25.-TL 1.953 for the defendant,25.-TL 1.953 for the defendant,25.-TL 1.953 for the defendant,25.-It has been decided that TL will be taken from the defendants together with the legal interest that will be processed from 13/09/2011 and the heirs will be given to the plaintiffs at the rate of shares.
The defendants … and … the deputy appealed the verdict.
29 of the Turkish Code of Obligations. contracts for the promise of sale of immovable property, which are taken from Article 237 of the Turkish Code of Obligations. article 706 of the Turkish Civil Code. and Article 89 of the Notarial Code. in accordance with the provisions of the article, it is a type of contract that must be personally drawn up in front of a notary, in other words, its validity is subject to the condition of an official form, which imposes debts on both parties and provides personal rights. 716 of the Turkish Civil Code, when the performance of the promised creditor from the seller, who is charged with the debt of transfer of property by the contract of promise of sale of immovable property, is not fulfilled. in accordance with the article, the applicant may request the fulfillment of the provision of the debt in the case of cancellation and registration of the title deed.
In order to be able to decide on the acceptance of cases arising from the contract of promise of sale, the contract must have the ability to perform. 77 of the Turkish Code of Obligations in the absence of the possibility of performance of a valid contract. and 136. its substances must be taken into account.
In the concrete case; between the parties dec 5. It was stated that a valid sales promise agreement dated 07.07.1970 and numbered 15145 evmiye was issued at the notary’s office, and the price determined by the parties to the contract was paid in cash and in full by the plaintiffs’ muris to the defendants’ muris. Thus, since the price specified in the official contract has not been paid, but will need to be proved with other evidence of the same value, the plaintiff must accept that the promise of sale has fulfilled its statement arising from the contract.
On the other hand, it is clear that with the transfer of real estate by the defendants … their heirs to third parties in the title deed, the performance in the form of transfer to the plaintiffs arising from the contract of sale promise has now become impossible. Therefore, 77 of the Turkish Code of Obligations on real estate subject to litigation in accordance with the contract, which remains valid as a commitment treatment. and 136. 3. Whereas, according to the Articles, the fair values of the case as of the date of its opening must be calculated and judged. it was not considered correct to make a compensation account based on the date of transfer to the persons, and therefore the provision had to be overturned.
CONCLUSION: For the reasons described above, the defendants … and … decided unanimously on 02/15/2021 to OVERTURN the decision by accepting the appeals of their attorney, to return the advance fee to the depositors, with the path to correcting the decision open within 15 days of the notification of the decision.
You can read our other articles and petition examples by clicking here