Can sanctions be applied to those who do not fulfill the promise to donate to the victims of the earthquake?

The earthquakes that occurred in Kahramanmaras caused great destruction in our country in every sense. We have lost thousands of our people due to neglect and lack of control. Countless buildings turned into piles of rubble. The earthquake destroyed ancient settlements, historical artifacts and more. On the other hand, a rare mobilization of aid has begun in Turkey. Millions of people have made great efforts to heal the wounds of the victims of the earthquake. Of course, our foreign friends did not leave us alone in this relief campaign. On the other hand, on February 15, one of the important steps of great solidarity was taken. Millions of people took part in the “Turkey One Heart” campaign, which was broadcast jointly from all radio and television stations in Turkey. Numerous individuals and institutions have pledged to make significant financial donations. Within the framework of the campaign, more than 9 million SMS were sent and 115 billion 146 million 538 thousand liras of financial assistance were collected.

However, some events in the past bring to mind the possibility that the aid collected will not reach its destination. Because it is known that some people and institutions that promised to help those in need in some of the campaigns that were organized earlier did not fulfill their promises. So what happens when promises are not kept? Can individuals or institutions be punished? Let’s look at the details together.

Journalist Özlem Gürses claims that in recent years she has come across individuals and institutions that have not delivered on their promises in aid campaigns.

Gürses recalls that in recent years he has hosted on television a relief organization organized for the Mehmetczyk Foundation and that he has come across people and institutions that have not fulfilled their promises of aid.

Gürses said about this: “During the broadcast, many people and institutions called and made donations of various amounts., However, a few days later, when I learned that these promised donations had not come, I felt the need to open the air of the program and call the people and institutions that had not paid one by one and remind them of their promises.” uses expressions. So, are there any sanctions for those who do not keep their promises, can they be punished?

Lawyer Gokhan Ahi states that there are no legal sanctions that can be applied to those who do not fulfill the promise to donate.

Ahh, on topicWhether the donation is promised publicly on television or announced verbally, the validity of the promise of forgiveness depends on the written form. That is, the donor and the donor-creditor must conclude a written agreement between themselves. Because the written condition is not met, the donation promise made on television is null and void. Failure to keep a donation promise or sending less than what was promised is seen as a moral issue at best.” uses expressions.

Public institutions cannot receive appropriate assistance from individuals or institutions that do not want to keep their promises.

Because a tied donation never turns into a public receivable. For example, the Ministry of the Interior on behalf of AFAD, the lender of donations to the Turkey One Heart campaign. However, according to Law No. 6183, a gift promise or gift agreement is not a public receivable. For this reason, even if there is a written agreement between the ministry and the donors, donation receivables do not become public receivables, deferment of increases and other sanctions cannot be applied.

Even if aid is guaranteed by a written contract, the donor may not keep his promise.

Lawyer Gokhan Ahi said:According to Article 296 of the Turkish Code of Obligations, a person who promises to make a donation in writing may withdraw from his contractual promise of donation in certain situations, such as a change in his financial situation, a donation amount that exceeds his obligations to his family, or has been accepted bankruptcy decision. explains in his own words.

In short, no legal sanctions can be applied to individuals or organizations that promise to help in an earthquake area but do not keep their promise.

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