Master'sOpen Access

Evacuation cases by civil procedure

2022
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Advisor: Prof. Dr. İbrahim Özbay

Abstract (EN)

The lease contract is defined in the Turkish Code of Obligations numbered 6098, as the lessor gives the tenant the right to use or benefit from something in return for the rental price, and the lessee pays the rent in return. Housing and roofed workplace rents often end with eviction action. With this master's thesis titled "Evacuation Cases in terms of Civil Procedure Law", it is aimed to examine the process of hearing the eviction cases in terms of procedural law, and to examine the provisions of the law, the settled case law of the Supreme Court and the views in the doctrine in order to solve the procedural problems that arise in practice. Although there are many studies examining the eviction case in terms of substantive law, the absence of a comprehensive and detailed study examining the procedural law in the literature is the reason why we chose this subject in our study. With this study, it is aimed to be useful to researchers and practitioners by examining the eviction cases in detail in terms of procedural law. Our work consists of three main parts. In the first part, the general terms of the lease agreement and the termination of the lease agreement and the reasons for eviction are given. In the second part, the evaluation of the eviction case within the framework of the procedural law provisions, and the procedural provisions such as the competent and authorized court in the eviction cases, the proceedings of the party that ended the case, temporary legal protection measures, the parties to the case, the duration of the case, are examined in terms of the eviction case. In the third chapter, which is the last chapter, legal remedies, arbitration and mediation in eviction cases are discussed.

Author

Dr. Dilek Övdür

How to Cite

Dilek Övdür (Master Thesis). Evacuation cases by civil procedure, 2022, Erzincan Binali Yıldırım University.

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