TO THE COURT OF FIRST INSTANCE
MAIN NO :
THE DEFENDANT :
attorney :
prosecutor :
attorney :
THE CASE : Compensation
SUBJECT : The plaintiff ……… of the attorney ………… these are our answers against the dated lawsuit petition.
descriptions
My Client …………. He is a specialist physician, both in the context of human relations and as a representative of an identity that upholds medical ethics, acting together with his wife, as the plaintiff claims, in order to deceive him ……….although he has filed a lawsuit for pecuniary and moral damages against my client, claiming that they went to and that this deception exists with some documents; Just as the claim lacks foundation, as we will explain below, there is no evidence to justify the claim for compensation, which will also be supported by documents, and in the light of our explanations below and the documents supporting these explanations, it will be seen that the claim for compensation is unfair and unwarranted.
As follows;
1-In the plaintiff’s petition, as if in the petition for my client and his wife to be able to meet comfortably ……. By providing club membership with the excuse of a match ……..although he stated that he went to and met his wife here;
As can be seen from the attached document, my client allegedly attended a medical congress organized earlier in their history, and immediately after the congress, he booked tickets because of his passion for football and went to the game in question as a spectator. A document showing my client’s participation in the relevant medical congress and stating that he attended on the specified dates has been submitted.
2-Although the plaintiff used an expression in his petition as if his wife resided in Turkey; who is the plaintiff’s wife ……..according to what we have learned externally, because his parents reside in ……, in our opinion, we think it is natural for the plaintiff to show an address in Izmir province as well, since his wife is a citizen of the Republic of Turkey. This sentence has no defensible logic.
3-There is no aspect that can be related to my client that the plaintiff’s spouse has taken a protection decision while the marriage is ongoing. This issue is entirely a problem related to the events that took place between the plaintiff’s wife and Dec. If the plaintiff’s spouse has experienced any violence from his spouse or has been subjected to psychological pressure, which, as the plaintiff also stated, there is also a divorce case filed in this regard. It is understood that the plaintiff’s wife felt the need to take a protection order, which she applied to the Family Court and took a decision on this issue. There is no aspect of this incident that can be associated with the alleged action of my client.
4-We believe that he filed a claim for moral ……… TL financial compensation from my client …….. TL moral …….. TL financial compensation for violation of the loyalty obligation in accordance with the provisions of the Code of Obligations, but this claim has not been met in law and the conditions have not been formed either…………………………………
5-My Client ………. in his whole life ………. He has never been to his country. The alleged dates are ……… as can be understood from the document we have submitted on their dates, he went to attend a medical congress. He worked on this issue, despite the fact that the British administration imposed very difficult conditions, especially on the visa issue, he received his visa due to the fact that he is a doctor and the medical congress, and (….) with daily duration ………he must have gone to . By the way, my client has a passion for football and the plaintiff’s wife, whom he had previously met in a humanitarian framework in order to Decamp and see historical sites ……….. in particular, in the phone conversation he had with ………….where can I visit in a short time, where can I go ………..he also made a phone call in the context of how and where he should go and with the guidance of the plaintiff’s wife ………’ he has visited the relevant places in the.
6-Both in the Civil Procedure Procedure and in the Criminal Procedure Law, the alleged issues must be substantiated with material, conclusive and convincing evidence. Where there is no evidence, material and moral compensation cannot be awarded. In this respect, the issues in the plaintiff’s lawsuit petition have collapsed in the context of the documents and there is not even any compensation. There is no document, a photographic image, any information obtained through communication, documents showing the union of my client and the plaintiff’s wife, proving their union and supporting their stay in any accommodation facility.
To put it on behalf of my client, we think that the plaintiff has turned to slander in order to justify his restlessness and lack of livelihood with his wife and to strengthen the divorce case he has filed, and we think that he has filed a lawsuit based on this. Also my client ………….. who is definitely the plaintiff’s wife ………’ nin does not even go to the house where they live together, nor does he even know where he is.
These allegations are based only on interpretation, and perhaps in the plaintiff’s inner world, he filed a lawsuit for damages by subconsciously fictionalizing the humanitarian contribution that the plaintiff’s wife provided to my client in the context of such humanitarian assistance (club membership and ticket procurement), by giving into the idea that his wife was unfaithful, by directing slander at my client in a way that has no basis. J.P. has filed a lawsuit against the plaintiff. J.P. has filed a lawsuit against the plaintiff in such a way that he has no basis. J.P. has filed a lawsuit against the plaintiff. J.P. has filed a lawsuit against the plaintiff. J.P. has filed a lawsuit against the plaintiff. Jul.(As a result of the judicial process, we also state that we reserve the right to file a lawsuit against the plaintiff in connection with this.)
We wish that your Court will evaluate the documents showing the contrary, especially the alleged issues, whether the material and non-pecuniary compensation conditions have been established, whether the plaintiff has earned the right to compensation, and come to a conclusion in the light of these documents.
In particular, it is known by your Court that a person has a “right not to be contaminated”, which is a universal rule of law, as in Civil cases and Criminal cases.
In this context;
As the distinguished jurist Sami Selçuk also stated in an article; (Milliyet Newspaper, 10.02.2009)
“… The self-esteem, the honor of the doubter should not be undermined. People who are believed to have committed crimes should not be hurt, should not be tarnished. The (preliminary) investigation should never turn into a show of force.
…
Even being taken to an open trial hurts a person, even if they undermine their self-esteem. For this reason, some countries have also adopted an appeal method against the process (indictment or decision to open a final investigation) that initiated a lawsuit before it was brought to open trial. The fact that we do not have such a way cannot be an excuse for undermining people’s self-esteem, of course…
…
Moreover, it can also be nice to use authority. And ugly. The ugly should not be preferred when there is a beautiful one. It can be moderate or strict, while there are moderates, the strict one should not be chosen. Since the Roman law, the principles by which humanity has reached experiences must be followed. ‘Rigidity is very close to injustice, and no one can be deprived of legal protection/justice’…”
Aside from the fact that there is no evidence of the plaintiff’s statements about my client, which again have no basis, it is understood that he is leaning towards this path in order to justify his lack of livelihood with his wife and the divorce case he has filed. Moreover, the marital relations of the plaintiff and the defendant ended and a protection order was taken against him by the plaintiff’s wife long before the alleged events. The acquaintance of my client with the plaintiff’s wife is an acquaintance that remains within human limits.
In order to support our statements in question, we present each document that we have opened below to the appreciation and evaluation of your Court.
In this context;
a-) “………..” My client’s ………. proving the call in relation to the medical congress in its history “………. a photocopy of the invitation to attend the medical congress called ”The latest developments in cancers”.
b-) A photocopy of the plane ticket showing the departure and arrival of the congress on the dates mentioned.
c-) Reference information about the promotion in the direction of the purpose of the Congress. . the document is a document showing the content of the program ………..it belongs to their history.
d-) In the same way ………. the day after the date of my client’s ………’ also played ……………. he attended the match and wanted to go to the match that will be played after the end of the congress days due to my client’s passion for football, and in this context, because club membership is required to make a reservation, the information digit showing Arsenal club membership (Matchn tickets) and the method of ticket purchase. This document was taken from ……… club’s website. However, the document showing the club membership was torn up and destroyed by the plaintiff.
The way this incident occurred was as follows.
My Client ………….. on one occasion in the framework of humanitarian friendship, the plaintiff’s wife has lived in England for many years and knows this country very well, because she will attend the medical congress on the aforementioned dates, and at the end of the congress, she told the plaintiff’s wife that she wanted to participate in the match in question, that she needed to get tickets for this match, that is, membership to make a reservation, she asked her to help in this context, the plaintiff’s wife also conveyed her wish to help in a humanitarian framework Jul, In the process that developed when Arsenal settled the club membership, the plaintiff’s wife left her home where she was staying in London and came to Turkey because her parents were in her diary, meanwhile, the plaintiff, who was ready to leave the house because she stayed at her house in England on her tickets, saw the ticket and the card showing the club membership when she Decanted all the belongings belonging to the house with her cousin and left, and tore up the ticket and destroyed the club membership card.
The plaintiff’s wife ………’ after you returned to the apartment, you saw that the belongings were taken away, your wife left the house, the house was left disheveled, and the club membership card and ticket she bought for the defendant were torn up here, the plaintiff’s wife applied to the police because of this painting she saw, applied for detection because the house was evacuated.