Kiralanan taşınmazların ilamsız tahliyesi
Özet
Evacuation of real estate in Turkish law is governed by Obligation Code and by Law No:6570. The lessor brings an eviction case grounding the causes of evacuation which are stipulated in these codes at Peace Court of civil jurisdiction. Submitting the writ of tribunal regarding evacuation, he or she may recover his or her property by evacuation via the court?s ruling. This process, however, can be quite time consuming. For that reason, evacuation without judgment is regulated by articles 269-276 in the Execution and Bankruptcy Code. These provisions don?t exist in Switzerland. As a rule, evacuation without judgment relates to money and secured loans. The provisions related to the evacuation without judgment of real estate constitutes an exception to this rule. The Court of Cassation has attempted to solve problems that have arisen from inadequate and inappropriate provisions in the law by means of precedent.Only two types of executions for evacuation without judgment are regulated by Turkish Law. One of these, in which evacuation is gounded on the default of lessee, is examined in the second part of the thesis. The other means of evacuation, which is grounded on expiration of the rental term, is examined in part three. Two subjects are covered in part one; the parties involved in the execution of an evacuation and the necessary venue for an evacuation office. In part four judicial results of verdicts regarding evacuation issued by the court of execution are examined. The final part of the thesis discusses the concrete offer and suggestions about amendments that need to be added to the current provisions. Legal regulations must be created to arragne the provisions necessary for evacuation without judgment and the Draft of Turkish Obligations Code. Due to the fact that evacuation without judgment brings a simple and quick result, it is the most frequently applied method in practice. The failures of this method are discussed and methods of resolution from a legal standpoint are suggested in this thesis.