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Yargıtay issues landmark rulings on divorce assets and labor law
The Turkish Court of Cassation (Yargıtay) has issued several significant rulings affecting family and labor law. In a decision regarding divorce proceedings, the 12th Civil Chamber ruled that claims for jewelry (ziynet) assets can be subject to enforcement proceedings without waiting for the divorce decree to become final. The court reasoned that jewelry claims affect only the parties' property rather than their personal or family status, making them independent of the divorce decree itself.
In a separate labor law matter, the 9th Civil Chamber established a precedent for Turkish citizens working for Turkish companies abroad. The court ruled that Turkish law, rather than foreign law, should apply in such disputes. This decision follows a case involving a worker in Russia, ensuring that legal protections and labor claims for Turkish employees abroad are evaluated under domestic standards.
Additionally, the 3rd Civil Chamber addressed a dispute between a father-in-law and his former son-in-law in Istanbul. While the court upheld the rejection of a rent claim due to the absence of a formal lease agreement, it overturned the rejection of claims regarding gold and foreign currency debts. The court noted that a handwritten document signed by the former son-in-law acknowledging the debt constitutes a valid 'ordinary bond' (adi senet) and must be evaluated as evidence.
Entities
Ankara Bölge Adliye Mahkemesi · Bölge Adliye Mahkemesi · Bünyamin Bayram · Büyükçekmece 5. Asliye Hukuk Mahkemesi · Cabbar Çakmak · Yargıtay · İzmir Metropolitan Municipality