Articles

Heirs who have no debts at all may one day receive a statement of claim concerning land inherited from their father: the claimant is the creditor of one of the siblings and seeks the sale of the entire property. Such an action is legally possible, but it is not as unlimited as it may seem. The creditor’s right to bring the action is subject to specific conditions, the sale may only be conducted by public auction, and the court may not send the sale proceeds directly to the enforcement file. In this article, we examine the procedure applicable to actions...

A person who builds a house, plants a vineyard or constructs a barn on jointly owned land often thinks: “I built this, so its value belongs to me as well.” The law partially confirms this view, but subject to two conditions: it must be established that the improvement belongs to you, and this must be asserted at the correct time and through the correct procedure. Otherwise, the value of a house you built over thirty years may be divided equally with co-owners who made no contribution at all. In this article, we examine the legal nature of improvements (muhdesat), how...

The most frequently asked question in actions for dissolution of co-ownership is this: “Can the property be kept among us instead of being sold to an outsider?” Since 31 July 2026, the answer has split into two. At the court stage, a decision that the sale be conducted only among the co-owners still requires the consent of all co-owners. At the sale stage, however, for properties acquired entirely by inheritance, there is now a statutory “first auction exclusively for heirs” that does not require anyone’s consent. In this article, we examine these two regimes separately. Contents What exactly does “sale...

In divorce cases, the area where rights are most often lost is usually not the divorce itself, but the subsequent liquidation of the matrimonial property regime case. What matters is not who received what, but who can prove what . In this article, together with Court of Cassation practice, we examine how houses, cars, jewellery, inheritances and gifted funds acquired during marriage are classified; who bears the burden of proof; and why the date on which the divorce action is filed divides everything into two periods. Contents Legal framework: which matrimonial property regime applies between spouses? Distinction between acquired property...

Short Answer Reconciliation does not automatically revoke a protective order. The order remains valid until revoked by the family court that issued it; during this period, even going home at the invitation of the protected person may constitute a violation of the measure. For revocation, a petition is submitted to the family court that issued the order, explaining that the violence or threat of violence has ceased. In accordance with Article 30/4 of the Implementing Regulation, the court may revoke the measure if it determines that the danger has ceased. If the decision has just been notified, an appeal can...

Short Answer For a person removed from the home to go to the residence alone, even to retrieve belongings, constitutes a violation of the protective measure. The law foresees a special procedure for this: "Upon request, the delivery of personal belongings and documents to the relevant parties shall be ensured through law enforcement." (Law No. 6284, Art. 8/7). The request is made to the family court that issued the protective measure or to the law enforcement unit responsible for implementing the decision; belongings are collected with law enforcement escort and documented by a report. This method is only for personal...

A conversation held in a WhatsApp group established at the workplace one day lands on management's desk as a screenshot. Subsequently, a defense is requested or a termination notice is issued directly. Is this screenshot considered evidence in court; if so, under what conditions? Short answer Electronic data is a document according to Article 199 of the CCP; however, evidence obtained unlawfully according to Article 189/2 of the CCP cannot be taken into account in proof. The Court of Cassation defines WhatsApp correspondence as personal data and communication closed to third parties; it considers termination based on correspondence whose procurement...

Short answer For an employee dismissed after reporting her pregnancy, the law states three things: pregnancy is not a valid reason for dismissal under any circumstances; if the employer has covered up the real reason as "performance" or "restructuring", they must prove this with concrete evidence; and when the proximity in time between the dismissal and the pregnancy notification is established, the burden of proof shifts to the employer. In practice, there are two ways: if you are covered by job security, apply to a mediator for reinstatement within 1 month from the notification of dismissal; if you are not...