Öz
The law regarding Real Estate Leases 6570, has stipulated termination of lease contracts which could be delimitated within the framework of this Law. Evacuation of lessee can only be demanded under certain conditions.One of the conditions is lessor’s spouse or children’s need for the business prorerty, then the lessee could be asked to evacuate.Whether, the lessor could demand his/her own lessee to evacuate for the need of incorporated company in which he has a share, has been the issues of several judicial decision and concluded with negative outcome for the lessor. The doctrine or theoretical approaches in the relevant literature is also in the same direction with judicial decisions.However, with the help of theory that put forward from the area of companies law, the subject could be reinvestigated and be reached to different results.According to the theory of lifting the veil of incorporation, company legal personality of the cause unfair results for the parties, with the help of Civil Law Ar.2, the company legal personality assumed to be absent to reach some solutions.We assume that this theory could be applied in lawsuit of evacuation that arises from lessors own needs.
Ticaret Şirketlerin İşyeri İhtiyacı Nedeniyle Ortağın Sahibi Olduğu Gayrimenkuldeki Kiracının Tahliyesi İstenebilir mi?
Öz
Ayrıntılar
| Diğer ID | JA83NJ25ZC |
|---|---|
| Bölüm | Makaleler |
| Yazarlar | |
| Yayımlanma Tarihi | 1 Haziran 2001 |
| Yayımlandığı Sayı | Yıl 2001 Cilt: 3 Sayı: 1 |