DICTIONARY OF LEGAL TERMS

(Under construction)


A B C D E F G H I J K L M N O P Q R S T U V W X V Z


A

ACCUSED: In criminal proceeding, the person, who is under suspicion of having committed a crime, from the beginning of the prosecution until the final judgment.

ALIMONY AD INTERIM: This is a type of temporary alimony which has been resolved one of the spouses to pay the other one for himself/herself and for minor children staying with him or her on demand or ex officio during the divorce proceeding and which will continue until the decision of divorce is finalized. There may also be decided to be paid alimony ad interim to the spouse who is justified to live separately for either himself/herself or the minors living with him or her upon institution of a lawsuit by him or her.

ALIMONY OF PARTICIPATION : A type of alimony that is resolved by judge on his or her behalf or upon request when decided to divorce or separation to be paid to the spouse to whom custody of children has been granted by the other spouse to whom costody of children has not been granted, in order to meet expenses of care and growth of the child/children. Child support.

ASSISTANCE ALIMONY: The type of alimony that someone is held obliged to pay to the brothers and sisters, ascendants and descendants of him or her who will fall into poverty if he or she does not help. The alimony to be paid for the education of a child who completed the age of 18 is also "assistance alimony".

ATTORNEY: The self-employed person who allocates his or her legal knowledge and experience to the service of justice and benefit of persons in arrangement of all kinds legal relationships, in settlement of all legal questions and disputes in accordance with justice and fairness, in implementation of legal rules straightly before every degree of judicial organs, arbitrators, official and private persons, committees and and institutions, and who renders public service.


B

BANKRUPTCY: It is the process of liquidation of all attachable properties through compulsory execution of a debtor (real or legal person) which is a merchant and about which has been decided bankruptcy by commercial court and of meeting of receivables of creditors that are known as much as possible.

BLUE CARD: Official document which is granted to those who were Turkish citizen by birth and lost Turkish citizenship by taking renunciation permit and those who are descendants of them up to 3 rd degree specified in the Article 28 of the Turkish Citizenship Act numbered 2901 and which shows that those people can enjoy the rights vested to Turkish citizens other than the exceptions prescribed in the aforesaid Article.


C

CHILD (IN CRIMINAL LAW): Any person who has not completed the age of eighteen yet.

CIVIL COURT OF PEACE: It is the first degree one judged court to perform exemptional duties specified at laws together with the Civil Court of General Jurisdiction which has been assigned generally. Cases about rental disputes and elimination of joint ownership, non-contentious jurisdiction issues, cases of guardianship and renunciation of inheritance are some of the cases which are being handled at the Civil Courts of Peace.

COMPOSITION: An agreement that has been made with the creditors of a debtor (having good faith) whose financial status has been deteriorated for reasons beyond his/her or its control and which becomes valid by the approval of the commercial court. In this agreement, the creditors withdraw from some portion of their receivables or accept payment of their due receivables in accordance with a new fixed term. Thus, the debtor becomes free from attachment and bankruptcy proceeding.

CONSTITUTION: The basic law that determines the form of government of a state, how the right of sovereignty over the country to be used, how the basic institutions of the state, the state organs such as legislative, executive and judicial bodies to function and which guarantees the fundamental rights and freedoms of persons and take part over other laws.

CONSTITUTIONAL COURT : The high court established to check appropriateness of the laws (the amendments of the Constitution in terms of form only), decrees having force of law and of the Internal Regulations of the Turkish Grand National Assembly to the Constitution in terms of form and merits, to handle the individual applications related to the fundamental rights and freedoms violated by the State, to hear the closure cases related to the political parties and to perform the financial audit of them, to handle the legislative immunity of deputies and dropping of the deputyship, to try some high officials with the capacity of Supreme Criminal Tribunal for the crimes related to their duties, to elect the President of the Court of Jurisdictional Disputes and to perform other duties given by the laws.

CONSTITUTIONAL LAW: A branch of law which contains the legal rules regulating the form of the state, its structure, its organs, duties and powers of them, their relations with each other and the fundamental rights and freedoms of the people.

CREDITOR: The person who has the right to ask a person to fulfill a deed due to a debt relationship who is the other party of this relationship.


D

DEBT ENFORCEMENT AND BANKRUPTCY LAW (LAW OF COMPULSORY EXECUTION, LAW OF EXECUTION PROCEEDING): The branch of law which includes and examines the legal rules related to obtaining receivables of the creditors through the power and means of the State is called Execution and Bankruptcy Law. Execution and Bankruptcy Law; is also called as Law of Compulsory Execution and Law of Execution Proceeding.

DEBTOR: The person who is under the obligation of performing a deed towards the creditor due to a debt relationship.

DEED: The act of giving something, doing something or not doing something that the creditor can ask from the debtor because of a debt relationship.

DISTINGUISHING ABILITY: The ability of understanding, evaluating and distinguishing the reasons and consequences of one's conducts, acts and transactions. Not to be deprived of the ability to act reasonably because of any of the reasons such as minority, mental illness, mental weakness, drunkenness or similar reasons. Legal transactions made by the persons who have not distinguishing ability are not valid.


E

EXECUTION FORMS: Forms and documents that are used in execution proceedings pursuant to the By-Law of Debt Enforcement and Bunkruptcy Code. (Click for execution forms and documents)

EXECUTION PROCEEDING: The process which has been initiated by creditors before state in order to collect their receivables by depending on a court decision or without it or to ensure performance of requirement of a court decision.


F



G

GAP: Nonexistence of a legal rule that can be applied to a concrete case in the current law.


H



I



J

JUDGE: Independent and impartial public personnel authorized to make judgments in relation to legal disputes among persons, administrative cases which the persons initiated against acts and transactions of the State, and the actions of persons against public order that are named as “crime” in a way prescribed by the Constitution and the laws and according to their personal convictions.

JUDGE OF JUVENILE: The juvenile court judge who has rendered judicial decisions of measure to be applied about juveniles pushed to crime and the children who are in need of protection except those about whom prosecution have been initiated.

JUVENILE PUSHED TO CRIME: The child about whom has been made investigation or prosecution with the allegation that he or she committed an act which has been defined as an offence in the laws or child about whom it has been decided to security measure because of an act committed by him or her.


K



L

LAW: The system or body of rules established in a country or community by an authorized organ and applicable to its people and which its enforcement is ensured by public power. (MORE INFORMATION ►)

LAW OF OBLIGATIONS: It is a private branch of law that regulates arising, provisions, types and termination of debt relationship.

LEGITIMATE SELF-DEFENSE: The act performed with compulsion of eliminating an unjust attack which was directed towards a right belonging to someone’s himself/herself or any other person, which was realized, its realization and repeatition is certain, in proportion with the attack according to the situation and conditions of that time. No penalty shall be imposed on the perpetrator for such acts.


M

MATRIMONIAL HOME: A dwelling in which spouses performed all their life activities, lived their painful and sweet days and intensified their life activities.


N

NIGHT TIME (IN CRIMINAL LAW): The time period which starts one hour after the sunset and continues until one hour before the sunrise.


O



P

PERSON WHO GOT HARM FROM CRIME: The person who has not been material subject of a crime but who has been victimized “indirectly” because of it. For example, the relatives of the victim or those who undergone victimization due to the victim's death, id est the victim’s heirs.

POVERTY ALIMONY: The kind of alimony that is ruled by the final judgment of the divorce case, which will commence on the date of the finalization of the divorce order, and which one of the spouses has been held liable to pay the other one who will fall into poverty due to divorce.

PROSECUTOR OF THE REPUBLIC: The public official who represents the assertion authority in criminal proceedings, who conducts investigation in the name of the state when crime news reached him or her, who collects evidences, initiates criminal case against perpetrators by drawing up indictment when required conditions developed, follows the case, performs other duties imposed by laws, and who is subject to the Law of Judges and Public Prosecutors.


Q


R

RECONCILIATION (TO BE RECONCILIATED): Being reached to agreement of the suspect or accused with the victim or the person who got harm from crime due to an offence within the scope of reconciliation in accordance with the procedures and principles of the Code of Criminal Procedure and By-Law of Reconciliation at Criminal Procedure.

RECONCILIATION (TO MAKE RECONCILIATED): The process of settlement of a dispute through making reached to agreement of the suspect or accused with the victim or the person who got harm from crime or legal representative of him or her due to an offence within the scope of reconciliation by a reconciliator in accordance with the procedures and principles of the Code of Criminal Procedure and By-Law of Reconciliation at Criminal Procedure.

RECONCILIATOR: An attorney or a person who received legal education who has been appointed by the approval of public prosecutor and who administers reconciliation negotiations between the suspect or accused with the victim or the person who got harm from crime.

RENTAL AGREEMENT: Rental agreement is such a contract that the leasegiver udertakes to grant the usage of or benefiting from something to the tenant and the tenant undertakes to pay the agreed rent in return for this.

REQUEST OF EXECUTION PROCEEDING : 1. The request which the creditor made in writing or orally to the Directorate of Execution in order to be initiated debt enforcement proceeding against debtor/debtors. 2. Printed petition that is presented to the Directorate of Execution by creditor with the request of the initiation of debt enforcement proceeding against debtor/debtors pursuant to Article 19/a of By-Law of the Execution and Bankruptcy Code. The other name of it is "Sample No:1".


S

SUSPECT: In criminal proceeding, the person who is under suspicion of having committed a crime at the stage of investigation.


T



U



V

VICTIM: Passive subject in criminal law. The person who is directly harmed by the act which constituted crime.


W



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Y



Z