Browsing by Author "Ozanemre Yayla, Hatice Tolunay"

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Alacağın Devri İşleminin Geçerliliği ve Sebeple olan İlişkisi (İlliliği)
(2019) Ozanemre Yayla, Hatice Tolunay; 21756
Borçlar Hukuku Genel Hükümler
(2019) Ozanemre Yayla, Hatice Tolunay; 21756
Borçlar Hukuku Genel Hükümler Soru Kitabı
(Seçkin Yayınları, 2020) Ozanemre Yayla, Hatice Tolunay; 21756
Gabinin Şartları
(2010) Ozanemre Yayla, Hatice Tolunay; 21756
In this frame, the first condition of the lesion is the excessive disproportion among the executions which establish also the objective condition. In addition to such an objective condition, two subjective conditions are also sought. The first of those subjective conditions is that one of the parties is vulnerable to exploitation. The other subjective condition that is also sought is that the other party act intentionally in a way that the party exploits the situation of the other party that is vulnerable to exploitation. If any of those conditions is not occur, the lesion cannot be considered anymore
Yargıtay Hukuk Genel Kurulu’nun 22.03.2017 Tarih,2017/4-1334 Esas ve 2017/545 Karar Sayılı Kararı Üzerine Eleştirel Bir Yaklaşım
(2017) Öztan, Bilge; Ozanemre Yayla, Hatice Tolunay; 21756
In case one of the spouses violates the "duty of loyalty" that is one of the duties to be caused by the union of marriage, if the other spouse has the right to sue the third person having affair with the spouse, and the liabilities of either the spouse violating the duty or the third person on account of the violation of the duty of loyalty have been far from uniformity in the verdicts of the Supreme Court. In a verdict of the Supreme Court Assembly of Civil Chambers (dated 22.3.2017, 2017/4-1334 B. and 2017/545 V.), it was finalised that third person who had sexual intercourse with a married person requires to pay compensation to the spouse who is damaged due to the violation of the duty of loyalty on several grounds. In this paper where there is such a framework, the legal grounds in related verdicts of the Supreme Court will be examined to be able to clarify the legal obligations of the spouse violating the duty of loyalty and third person in case of the violation of the duty of loyalty.