SPECIAL REGULATION IN CASES OF MORAL COMPENSATION
10 Of the Lawyer Minimum Wage Tariff. the article regulates moral compensation cases. The following decision explains the article practically.
In accordance with Article 10 of the Minimum Wage Tariff for Lawyers in force on the date of the decision, in cases of moral compensation, the attorney’s fee will be determined based on the amount ruled according to the third article of the tariff. In case of partial rejection of the case, the fee to be given in favor of the opposing party’s attorney according to the third part of the Tariff may not exceed the fee determined in favor of the plaintiff’s attorney, in case of complete rejection of these cases, the attorney’s fee according to the second part of the second part of the Tariff; Article 13. in article 13, it is stated that if the subject of the legal aid shown in the second part of the second part of the second part of the Tariff can be evaluated with money or money, the attorney fee will be determined according to the third part of the Tariff. The tariff, provided that it is not below the fixed fees determined for the court where the case is heard in the second part of the tariff; however, the fee paid cannot exceed the accepted or rejected amount.
CONCLUSION:
For the reason explained in subparagraph (2/a) above, the decision is 7. which is contained in the “….2.725,00 TL attorney fee (moral compensation) to be received from the plaintiff and given to the defendant is included in the phrase ”. The paragraph of the requested decision will be removed and replaced with the phrase “…a power of attorney fee of 1.500,00 TL (moral compensation) to be received from the plaintiff and given to the defendant …”. /b), subparagraph 3 of the decision paragraph will be written. For the reason shown in paragraph (2 / b) of paragraph (3) of the decision, the number “140,84 TL” should be deleted and changed to “239,00 TL”, and the number “1.010,53 TL” should be deleted. and instead of writing “912.00 TL”, rejecting the plaintiff’s attorney’s other appeals for the reasons shown in paragraph (1), APPROVING the decision in this corrected form and returning the fee paid in advance upon request, a unanimous decision was made on 17/10/2019. Supreme Court 4. Legal Department Main: 2019/ 2689 Decision: 2019/4729 Decision Date: 17.10.2019
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