- Chamber
- 8. Hukuk Dairesi
- Docket No.
- 2021/3340
- Decision No.
- 2021/9012
- Date of decision
- 2 December 2021
Summary
The preclusive period in a pre-emption action runs from the date the co-owner learns of the sale and its terms; the title entry is not in every case equivalent to knowledge.
Full note
The Court of Cassation did not, on the facts, accept the defence that registration of title amounted to knowledge by all. Knowledge must be shown by evidence consistent with the facts and the ordinary course of life. The plea that time has expired is a defence belonging to the defendant. Deposit of the price is a condition of the action; an insufficient deposit must be completed by a procedural order.