Kira parasının tespiti

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2009

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Kadir Has Üniversitesi

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Kira sozlesmesi hukukumuzda BK. ve 6570 sayili Gayrimenkul Kiralari Hakkinda Kanun hukumlerine tabidir. Belirli bir bedel karsiliginda gecici bir sure icin baskasina ait tasinir veya tasinmaz malin kullanilmasina kira buna iliskin anlasmaya da kira sozlesmesi denir. Kira sozlesmesi karsilikli iradelerin birlesmesiyle olusur. Kira sozlesmesinde de iki taraf bulunmaktadir. Sozlesmenin konusu tasinir veya tasinmaz olabilecegi gibi gelir getiren ve getirmeyen mal da olabilir.
The hire contract is provided both in The Obligations Code and the Code of Immovable Hire with the number of 6570.Hire is a contract with that the lessor is to leave the use of a movable or immovable property to the tenant for a certain while, for an amount of consideration. The contract is constituted by the mutual agreement of the parties. There are always two sides in a hire contract. The subject of the contract may be a movable or immovable property, even another belonging that has or does not have the capacity of providing income. The hire contract has two main sorts. The first sort is the usual hire and the other sort is the hire of production. The subject of the usual hire contract is to use something, and the subject of the hire of production is income and other productions.There is no essential form for this contract, however it is useful to form it in a written format in order to be able to prove the existence and the inclusion of contract.The parties may define the inclusion and the conditions of the contract freely, within the law and public order.Hire contract is a relatively long-lasting and mutual contract that gives liabilities to the both sides, so it is one of the most frequently seen conflicts in the legal practice.Subject of this thesis is how to define the hiring charge, its legal procedure under the relative stable jurisdictions in this field.

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