T.C.
SUPREME
GENERAL ASSEMBLY OF LAW
Base No:2011/862
Decision No:2012/251
K. Historical:
In some cases, the deputy of the plaintiff explains that his deputy provided the defendant with a moving service, and the fatah arrangement, according to which he will receive freight, is K, who is the accountant of the defendant in these conquests.He.arguing that the work was delivered to the ise, this case was filed, the acting ise denied the claim for the necessary identification, the contractual relationship and the receivables from it, arguing that the attorney did not have a high debt to the plaintiff.
In this case, first of all, the plaintiff must prove the existence of a carriage relationship. If the plaintiff fulfills this burden of proof, and only after that the defendant proves that he has also paid, he will be a taxpayer.
In this regard, the court, the plaintiff hasretmes by wanting all the evidence, the respondent also examined and the necessary transport between the parties, the determination of whether books could be associated, and then researched in detail to prove this point if that will be paid by the defendant whether a provision should be established according to the result, while the provision is based on an incomplete review the property is not true in written form, the decision for this reason, corruption had..)
To be turned down instead of a corrupted file on the grounds of a newly-made trial is a decision at the end of the previous decision.
It is understood that the decision to resist by examining the HGK has been cleared within the time limit and should be seen after the papers in the file have been read:
decision
The case depends on the request for its cancellation.
The plaintiff’s attorney, “the defendant by the plaintiff of the excavation has moved, given that the price of the invoice for the cost of transport services due to non-payment of enforcement proceedings for collection of the objection of the defendant’s wrongful initiated with standing, but the document does not deny the fundamental relationship of the defendant and the bill that suggests that debt is not without providing” noting that “the objection of the defendant to deny the cancellation of executive compensation wrongful continue to be judged and follow up with a” demand and has prosecuted.
The defendant’s deputy argued that “the case should be dismissed”.
Since it was stated by the local court that the invoice submitted by the plaintiff-creditor is not a document containing unconditional debt acceptance, the burden of proving the existence of the debt belongs to the plaintiff, the plaintiff’s business books are not kept properly and will not be based on sworn evidence, the decision to dismiss the case on the grounds that it cannot be proven was overturned by the Special Department of the plaintiff’s attorney on appeal on the grounds described in the title section above.
The local prisoner resisted his previous decision; the deputy of the hük plaintiff-creditor was cleared.
The incompatibility that comes before the HGK is collected at the point where the research and the evidence available in the file are sufficient to establish a high level.
326 of Humkah No. 1086. according to its article, it is obliged to force both parties to convict the documents (documents) in their possession.
In a case where the party belonging to its name has a high level of proof, along with other evidence, the other party’s commercial books are based on, with the same statement, the other party’s commercial books do not miss the evidence, with the same, the Turkish Commercial Code No. 6762 83/2. in cases where the special application in the article cannot be applied, the counterparty is required to convict or evade its own books, while the legal consequences are subject to the general regulations of the subject department in Articles 330 and later of the Cmb.
332 Of Humk. the article provides that if one party fails to submit the relevant document within the time limit given to it by the neighborhood, the locality may accept the disclosure of that document by the other party, taking into account the purpose of the party.
The important thing is that it should be shot; Humk’s 332. this provision in the article also applies to the submission of commercial books to the criminal court in the event that one of the parties does not yearn for the commercial books of the other party only for the evidence of the other party. Simultaneously, in this case, the commercial books specified are also a “passport” in the understanding of Humk 330 and subsequent articles.
On the other hand, Article 82 of the Turkish Commercial Code, which regulates the force of proof of commercial books. the high in its article was assessed together with the beginning of the edge in the form of “I-Strict evidence”, and the same Law 1474.in accordance with the article, it is also taken into account that the edge titles are included in the text; In the warnings that arise between traders in commercial affairs, commercial books (provided that the works shown in the article are available) are provided to be Decisively evidential.
The Mentioned Law 69.ve in accordance with the articles of continuation, there can be no evidence in favor of such books of a trader who does not certify his books in accordance with the direction. However, the registration of commercial books that cannot be kept in accordance with or in accordance with the law is considered evidence against the owner and his successors.
Article 86 of the Turkish Commercial Code No. 6762. according to the article, one of the parties to the law on the books, and the other, a notebook or higher, or if you want to submit, books that confirms the book of the records in each other merchants neat, would be evidence against the other. Even if the books are not kept properly, there is no doubt that it will delay the evidence against the owner.
Although the commercial books of both parties are clearly based on evidence by the plaintiff-creditor in concrete awakening, if the neighborhood submits the case books, if the commercial books are not submitted to the court, Humk’s 321 and Tcc’s 80, 83 and 86. the matter to be processed in accordance with the articles has not been given with certainty; the matters to be known have been done in secret with the evidence in the file cover and the plaintiff’s business books.
It is clear that the defendant’s business books will constitute evidence against him even if they are not kept Dec Decently, even if the invoice in question is not processed in the business books, if there is a commercial relationship or a record as a debt between the parties, it will be necessary to accept the existence of a legal relationship between the parties, taking into account that this issue will constitute evidence against the defendant.
As a result, neighborhood construction is necessary; the plaintiff is given a decision to give all the evidence and the defendant is given a certain period of time in order to submit the commercial books to the neighborhood, according to the result of the explanations made above, a decision is made.
As such, when it is necessary to comply with the decision to demolish the Private Apartment adopted by the Local Neighborhood HGK, it is against the procedure and the law to resist the previous decision.
Therefore, the decision to resist must be overturned.
result
With the acceptance of the clean objections of the plaintiff’s attorney, the decision to resist is Jul-tered in the decision to disrupt the Private Apartment and for the reasons shown above..
Related Items
*HUMK 326 of the CODE
*HUMK 330 and the following Substance
*HUMK 332 of the CODE
*HUMK 330 and later
*HUMK 321 and 80,83 and 86 of the Turkish Commercial Code
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