Petition For Termination Of Contract
… CONSUMER COURT JUDGE
REQUEST FOR PRECAUTIONARY MEASURES
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 includes our request for the termination of the contract and the collection of the … Euro receivable in Turkish Lira according to the market price on the actual payment day and the cancellation of the bonds subject to the lawsuit.
EXPLANATIONS :
1-) Our client has signed the “… Holiday Village Timeshare Sales Contract” (Annex-1) dated …/…/… with the defendant company. Pursuant to this contract, he paid an amount of … Euro in advance, and in order to secure the balance debt, he issued two bonds (Annex-2) dated …/…/…/…with a maturity date of … Euro and dated …/…/…/…with a maturity date of … Euro, and delivered them to the authorized personnel of the defendant company. The receipt of the delivery of the bonds, including the signatures of the authorized officers, is attached hereto.
2-) The contract was concluded through door-to-door sales. Nevertheless, contrary to the provisions of the law and regulations, our client was not given a certificate of withdrawal due to this sales contract. In addition, the contract is invalid as it does not comply with the form requirement stipulated in Articles 57 and 65 of the Condominium Law No. 634.
3-) The defendant company has not started the construction of the place subject to sale until today, on the contrary, it has entered an economic crisis and has become unable to fulfill its commitment. Therefore, our client has so far been unable to benefit from the services promised to be provided to him under the contract.
4-) In addition, the defendant company gave the bonds given to it by our client to … Bank. There is a danger that the bonds may be protested and subjected to enforcement proceedings at any time. For this reason, it has become necessary to cancel the bonds and to issue a preliminary injunction not to protest and pay the bills subject to the lawsuit.
5-) Since our client’s attempts before the defendant party for the return of the price paid in advance and the bonds delivered to the defendant party have been fruitless, it has become necessary to file this lawsuit.
LEGAL GROUNDS : Art. 4, 5, 73 of the Law No. 6502; Art. 57, 65 of the Law No. 634; Outside the Workplace
Regulation on Established Contracts Art. 5, 6, 7
LEGAL EVIDENCES :
1-)…/…/…/… dated … Holiday Village Timeshare Contract,
2-) …/… dated receipt, discovery and expert examination,
3-) Witness list showing the names and addresses of the witnesses and the subjects they will testify.
CONCLUSION AND REQUEST : For the reasons we have explained above, we respectfully request on behalf of our client that a preliminary injunction be issued to stop the payment and protest of the bonds subject to the lawsuit, the termination of the contract subject to the lawsuit and the cancellation of the said bonds, the determination that our client is not indebted, the collection of the … Euro paid in advance by our client from the defendant in Turkish Lira according to the market price on the day of actual payment, the judicial expenses and attorney’s fees to be charged to the other party. …/ …/
ANNEXES :
1-)…/…/… dated … Holiday Village Timeshare Contract,
2-) Receipt dated …/…
3-) Witness list showing the names and addresses of the witnesses and the subjects they will testify,
4-) One approved power of attorney sample.
Plaintiff Attorney
…………