Petition For Return Of Immovable Due To Lesion
Lesion; despite the freedom of the contract, one of the parties exploits the weakness of the other party and exploits him by creating an excessive value difference between the performances. In our Code of Obligations, this issue is first explained in paragraph 1 of Article 28.
Petition for Return of Immovable Property Due to Gabin
… TO THE JUDGE OF THE CIVIL COURT OF FIRST INSTANCE;
REQUESTING AN INJUNCTION
THE PLAINTIFF
ATTORNEY :
DEFENDANT
CASE VALUE : … TL
(In cases related to property rights)
SUBJECT : Request for the Return of the Immovable Due to Lesion
.
EXPLANATIONS :
1-) The client sold the immovable property (ANNEX-1) registered in the title deed, located on … block …, parcel … at … address … to the defendant … … on …/…/… date for …-TL. (ANNEX-2)
2-) At the time of the sale transaction, my client has just returned from the military and is in a difficult economic situation due to marriage preparations. This matter will be clarified by the testimonies of our witnesses whose names and addresses are written in the witness list (Annex-3), if your court deems it appropriate. In addition, my client is inexperienced due to his age and has no knowledge about the real value of the immovable.
3-) The defendant took advantage of my client’s inexperience and urgent need and purchased the immovable at the price mentioned.
4-) The real value of the immovable is much higher than this price and we are obliged to file this lawsuit in order to ensure the return of the immovable sold under gabin conditions.
LEGAL GROUNDS : 6098 S. K. Art. 28.
LEGAL EVIDENCE :1-) Immovable Land Registry Record
2-) Sales contract dated …/…/…/…
3-) Witness list showing the names and addresses of the witnesses and the subjects they will testify,
4-) Expert Witness
5-) Discovery
CONCLUSION AND REQUEST : For the reasons we have set forth above, we respectfully request on behalf of our client that the title deed be annotated to prevent the transfer of the immovable, that the title deed of the immovable be canceled and registered in the name of the client, and that the costs of the proceedings and attorney fees be imposed on the other party. …/ …/ …ATTACHMENTS:
Immovable Land Registry Record
sale contract dated …/…/…/…
Witness list showing the names and addresses of the witnesses and the subjects they will testify about
One approved power of attorney specimen
Counsel for the Plaintiff
; despite the freedom of the contract, one of the parties exploits the weakness of the other party and exploits him by creating an excessive value difference between the performances. In our Code of Obligations, this issue is first explained in paragraph 1 of Article 28.
Petition for Return of Immovable Property Due to Lesion
… TO THE JUDGE OF THE CIVIL COURT OF FIRST INSTANCE;
REQUESTING AN INJUNCTION
THE PLAINTIFF
ATTORNEY :
DEFENDANT
CASE VALUE : … TL
(In cases related to property rights)
SUBJECT : Request for the Return of the Immovable Due to Lesion.
EXPLANATIONS :
1-) The client sold the immovable property (ANNEX-1) registered in the title deed, located on … block …, parcel … at … address … to the defendant … … on …/…/… date for …-TL. (ANNEX-2)
2-) At the time of the sale transaction, my client has just returned from the military and is in a difficult economic situation due to marriage preparations. This matter will be clarified by the testimonies of our witnesses whose names and addresses are written in the witness list (Annex-3), if your court deems it appropriate. In addition, my client is inexperienced due to his age and has no knowledge about the real value of the immovable.
3-) The defendant took advantage of my client’s inexperience and urgent need and purchased the immovable at the price mentioned.
4-) The real value of the immovable is much higher than this price and we are obliged to file this lawsuit in order to ensure the return of the immovable sold under gabin conditions.
LEGAL GROUNDS : 6098 S. K. Art. 28.
LEGAL EVIDENCE :1-) Immovable Land Registry Record
2-) Sales contract dated …/…/…/…
3-) Witness list showing the names and addresses of the witnesses and the subjects they will testify,
4-) Expert Witness
5-) Discovery
CONCLUSION AND REQUEST : For the reasons we have set forth above, we respectfully request on behalf of our client that the title deed be annotated to prevent the transfer of the immovable, that the title deed of the immovable be canceled and registered in the name of the client, and that the costs of the proceedings and attorney fees be imposed on the other party. …/ …/ …ATTACHMENTS:
Immovable Land Registry Record
sale contract dated …/…/…/…
Witness list showing the names and addresses of the witnesses and the subjects they will testify about
One approved power of attorney specimen
Counsel for the Plaintiff
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