The student who was put into execution for not paying the private dormitory installments in the pandemic was found right

Published by
Peter Kavinsky

Decision on dormitory installments in the pandemic

The 7th Consumer Court of Izmir found the owner of the dormitory to sue the university student, who left the dormitory during the Kovid-19 epidemic, due to the installments he did not pay, unfair.

Hüseyin Can Gök, who lives in Manisa, signed a contract with a private dormitory in Buca for accommodation after he won the Dokuz Eylül University Classroom Teaching Department in 2019.

The university student also signed a 7 thousand 150 lira deed with a maturity of 15 May 2020 with the dormitory and stayed in the dormitory until March, when the education period continues, and paid the installments for these months.

During the epidemic process, Gök left the dormitory in March 2020, with the schools switching to distance education, and returned to Manisa with his family. The owner of the dormitory initiated enforcement proceedings for the remaining payment. Gök, on the other hand, demanded that an interim injunction be issued for the suspension of the execution after it was determined that he was not in debt.

İzmir 7th Consumer Court examined the petitions of the parties regarding the 4 thousand 100 liras for which enforcement proceedings were initiated by the landlord.

The court decided that Gök was not indebted to the country in his file at the executive directorate and that since bad faith was not proven, there was no need to award bad faith compensation for the benefit of the plaintiffs.

The Court, in its decision, stated in Article 138 of the Turkish Code of Obligations (TBK), “An extraordinary situation that was not foreseen and expected to be foreseen by the parties at the time of conclusion of the contract, arises for a reason not arising from the debtor, and the facts existing at the time of the conclusion of the contract, the debtor to such an extent that it would be contrary to the rules of good faith. and if the debtor has not yet fulfilled his obligation or has fulfilled his rights arising from the excessive difficulty of performance, the debtor has the right to ask the judge to adapt the contract to the new conditions, if this is not possible, to withdraw from the contract. justified his statements.

With the circular of the Ministry of Interior dated March 16, 2020, it was stated that the activities were temporarily suspended and with the circular dated June 24, 2020, it was decided that the activities could be continued with a limited and determined rules as of July 2020. This situation was not caused by the debtor.” it was said.

Gök’s lawyer, Selim Balku, stated to the AA correspondent that the dormitory administration made his client sign the promissory note together with the contract, and that the bills were put into execution despite the cancellation of the contract due to the epidemic.

Stating that an extraordinary situation occurred during the epidemic process, Balku said, “A law article regarding higher education institutions was passed during this period. The education period was suspended. This contract was suspended for a reason that could not be expected from the consumer. The client and the dormitory management are not at fault, but in the end, it is something that is consumed. No. There was no stay here and there was no consumption. The dormitory management should have stayed true to this. We think it’s an appropriate decision.” used the phrases.




Peter Kavinsky

Peter Kavinsky is the Executive Editor at cablefreetv.org

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