Cancellation of the Appeal and Eviction Case
In the Cancellation of the Objection and Eviction Case, if the debtor rejects the lease agreement and the signature attributed to him in the contract, if any, in his objection, the payee may request that the objection be removed from the competent authority and the lease agreement be vacated due to non-payment of money within the warning period, if it is based on a contract ex officio arranged or signed by a notary. The debtor is obliged to base his counterclaims and defenses related to the contract. And its terms on documents of the same strength and nature. The debtor who rejects the contract is bound by this objection.
If the creditor is obliged to file a lawsuit according to the general provisions due to the fact that the prosecution is not based on the documents mentioned above, the paid notice order replaces the written notification in Articles 260 and 288 of the Code of Obligations.
WHICH COURT SHOULD THE CASE BE FILED FOR CANCELLATION OF THE APPEAL AND EVICTION?
Cancellation of the Appeal and Eviction Proceedings, the civil courts of Peace consider cases related to all kinds of disputes, including claims arising from the lease relationship, regardless of the value or amount subject to the lawsuit, as well as cases filed against these cases, except for the provisions related to the eviction of real estate leased through unauthorized execution in accordance with the Enforcement and Bankruptcy Law No. 2004.
CANCELLATION OF THE APPEAL AND EVICTION CASE – THE COMPETENT COURT OF THE APPEAL
The general competent court in the CANCELLATION and EVICTION CASE is the settlement court. On the date on which the defendant natural or legal person filed the case. The place of settlement is determined by the Turkish Civil Code No. 4721 (m. 6100 SQ m. 6) determined according to the provisions. Cases related to the contract may also be filed in the court of place of. Performance of the contract.
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