Petition For Payment Of Our Receivable Due To Unauthorized Work
ACTING WITHOUT POWER OF ATTORNEY
In the legal regulation, the institution of performance without attorneyship, which is accepted as one of the sources of the obligation relationship, is regulated in a way to cover the real unauthorized performance of work for the benefit of another person and the unreal unauthorized performance of work based on the performance of work for the benefit of oneself. On the other hand, an examination of the reasons for the emergence of the institution of work without a power of attorney reveals that the real unauthorized performance is at the basis of this institution. In order to be able to talk about unauthorized performance, it is necessary to perform a work, to have a work belonging to someone else, and for the employee to perform work for the benefit of someone else.
act and perform work without being authorized or obliged to do so. In addition to these general elements, a special debt relationship arising from the law arises between the employee and the employer with the fulfillment of two special elements. The special elements are that the performance of the work is not contrary to the employer’s prohibition of interference and that the performance is necessary for the employer. As a result of this special debt relationship, legal results arise that are quite similar to a contract. As a result of a permissible relationship of performance of work without a power of attorney in which the general and special elements are realized, on the one hand, it is aimed to keep the employee harmless after the performance of the work, and on the other hand, it is aimed to keep the employer harmless after the performance of the work.
protection from unwanted interference. An interference that has general and specific elements is considered as a lawful interference.
……. TO THE JUDGE OF THE COURT
THE PLAINTIFF
TC ID NUMBER :
ADDRESS :
PROXY :
(legal representatives of the parties, if any)
ADDRESS :
(legal representatives of the parties, if any)
DEFENDANT
ADDRESS :
SUBJECT : It consists of our request for payment of our receivable due to unauthorized work.
CASE VALUE :
(In cases related to property rights)
EXPLANATIONS :
1-) The defendant party has rented the immovable property, the ownership of which belongs to our client, to third parties for many years from …/…/… from …/…/… to …/…/… as a lessor, but has not paid the rent collected to our client. (ANNEX – 1)
2-) Pursuant to Article 526 of the TCO, the defendant is obliged to return the rents obtained by the defendant within the scope of the provisions of business without an attorney to our client, as well as the obligation to account as an attorney.
3-) Regarding the issue, this situation was notified to the defendant with the …/ …/ … date and … numbered notice of the … Notary …, but no result was obtained. (ANNEX – 2) In addition, the relevant persons whose names are included in the witness list (ANNEX – 3) attached to our petition regarding this situation, if deemed appropriate by your court, will give explanations regarding the situation, and the expert and discovery examinations will also serve to clarify the issue.
3) It has become necessary to apply to your Court in order to collect the rental income obtained by the defendant.
LEGAL GROUNDS : 6098 S. Code Art. 526, 527, 528, 529, 530, 531
LEGAL EVIDENCES :
1-) …/ …/ … dated lease agreements made by the defendant with third parties
2-) … Notary Public’s Notice dated …/ …/ … and numbered …
3-) Witness list showing the names and addresses of the witnesses and the subjects they will testify.
4-) Expert examination
CONCLUSION AND REQUEST : For the reasons explained above, we respectfully request on behalf of our client that the rental income obtained as a result of acting without an attorney be taken from the defendant and paid to our client, and that the attorney fee and trial expenses be charged to the other party. …/ …/ …
ANNEXES : 1. …/ …/ … dated lease agreements made by the defendant with 3rd parties
Notary Public’s Dunning dated …/ …/ … and numbered …
The names and addresses of the witnesses and the subjects they will testify about
a list of witnesses,
One approved power of attorney sample.
Plaintiff Attorney
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