Immigration Law
The purchase of a dwelling or land in Türkiye by foreign natural and legal persons is not unrestricted but a transaction framed by statute. We examine, from a practical standpoint, the area and regional limits under Article 35 of the Land Registry Act, the register searches to be carried out before the sale, and the documents to be submitted to the land registry directorate.
We examine, from a practitioner’s perspective, when foreign nationals holding shares in a company established in Türkiye must obtain a work permit, the employment and capital criteria sought by the Ministry, the application channels and the legal routes available against a refusal decision.
A separate work permit regime is provided for foreign managers who will serve in foreign direct investments of special significance. We examine the concept of key personnel, the investment thresholds, the domestic and overseas application procedures, the documents required and the legal remedies to be pursued in the event of refusal.
Marriage to a Turkish citizen does not confer citizenship of its own accord. We address the conditions under Art. 16 of Act No. 5901, the authorities to which the application is made, the documents required, the interview and archive research stages, and the routes to be followed against a refusal decision.
We address the conditions for the residence permit for medical treatment, to which foreign nationals wishing to receive treatment in Türkiye apply, together with the application steps, the documents requested, the term of the permit, the position of accompanying persons and the legal remedies to be pursued against adverse decisions.
The short-term residence permit is a flexible type of permit that is not tied to a single ground and may be requested on a wide range of grounds of stay. We address the grounds of application, the documents sought, the periods of permit, the possibilities of refusal and cancellation, and the extension procedure in practical terms.
Foreign nationals documented as being of Turkish descent benefit from significant facilities in obtaining a work permit compared with other foreign nationals. We assess the scope of this status, the exemptions it provides, the function of the identity document for foreigners, the application procedure and the routes to be followed in the event of refusal.
The V-70 code, entered against foreign nationals in respect of whom it is concluded that a marriage of convenience was contracted in order to obtain a family residence permit, brings with it deportation and a five-year entry ban. We address the basis of the code, the consequences it produces and the legal routes for having it lifted.
Foreign associations and foundations may establish a branch or representative office in Türkiye only with permission. We examine the content of the application to the Ministry of Interior, the role of the opinion of the Ministry of Foreign Affairs, the duration of the permission and the annual notification obligations.
Foreign nationals who acquire immovable property worth at least USD 400,000 in Türkiye may apply for Turkish citizenship by the exceptional route. We examine the conditions under which the investment threshold is met, the administrative steps to be followed, the documents required and the action to be brought in the event of refusal.
The sum payable by a foreigner who overstays a visa or residence permit varies according to the country of nationality and the length of the breach. We examine the criteria used in calculating the penalty, the entry bans attached to the periods of breach, and the legal remedies available against a deportation decision.
Tourists who wish to remain in Türkiye beyond the ninety-day visa period apply for the residence permit for tourism purposes. We address its conditions, the set of documents, the grounds of refusal and cancellation, the extension procedure and the administrative remedies from a practitioner’s perspective.
Marrying a foreign national in Türkiye requires an application to the marriage registry office with a complete file. We address the applicable law, the documents required, the health report, the post-marriage notifications and the family residence permit application.
The employment of foreign nationals in Türkiye is subject to a permit to be obtained from the Ministry of Labour and Social Security. We address how the application is conducted through the e-permit system, the categories of permit, the Ministry’s assessment criteria, the sectoral document lists and the remedies available against decisions of refusal and cancellation.
Employing a foreign national physician in Türkiye requires pre-approval from the Ministry of Health, unlike a standard work permit application. We address, in practical terms, the criteria sought in the physician and in the employing health institution, the set of documents, the fees, the action for annulment to be brought in the event of refusal, and the extension regime.
A work permit, once obtained, is not permanent; it may be cancelled where the situations listed in the Act arise or upon the employer’s request. We address the grounds for cancellation, the employer’s application procedure, and the objection and litigation routes against a cancellation decision.
Renunciation of Turkish citizenship usually arises where a person is moving to the citizenship of a state that does not permit dual nationality. We examine the conditions for renunciation, the application procedure, the documents issued, the consequences for the spouse and children, and Blue Card status.
We address the preconditions foreign natural persons and foreign companies encounter when opening a bank account in Türkiye, the documents required, the possibility of acting under a power of attorney, the differences in practice between banks, and the role of the account in citizenship by investment.
Applied on the basis of Interpol records, the N-99 code makes a foreigner’s admission to the country subject to prior permission and in practice produces the result of an entry ban. We address the grounds on which the code is imposed and the administrative application, annulment action and annotated visa options from the perspective of practice.
Engineering and architecture are among the few fields in which the opinion of the professional chamber is decisive in the work permit regime. We assess the criteria sought for employing foreign professionals, the domestic and overseas application routes, the set of documents, the minimum salary and the objection and annulment routes available in the event of refusal.
Where the periods of a residence permit, work permit, visa or visa exemption are exceeded, Ç-series restriction codes are applied to the foreigner. We address the scope of these codes, the entry ban periods they carry, and the routes of administrative objection, an action for annulment and an annotated visa.
Foreign nationals who make an investment of a specified amount may acquire Turkish citizenship by way of exception. We examine the six investment options listed in the Regulation, how the application works, the documents required, the time it takes to conclude and the routes of objection and annulment against a decision of refusal.
We examine, from a practical perspective, to whom the Turquoise Card — which grants qualified foreign nationals indefinite work and residence — is issued, how the points system operates, the three-year transition period, the grounds of cancellation, and the legal remedies available against refusal decisions.
Foreign nationals who wish to set up their own business in Türkiye without being tied to an employer need a work permit of an independent nature. We examine who is eligible for this permit, the application process conducted through the e-permit system, the document file, and the grounds for refusal and cancellation.
Renewing the residence permit held by a foreign national in Türkiye before it expires depends both on a strict timetable and on a set of documents that varies with the permit type. We address how the extension application is made, which documents are required, how many times permits may be renewed and the route to follow against a refusal.
A judgment given abroad produces no effect of its own accord within the Turkish legal order. We examine, from a practitioner’s perspective, the preliminary and substantive conditions of an action for recognition and enforcement, the courts with subject-matter and territorial jurisdiction, the documents required and the effects the decision produces.
The right of foreign nationals studying in Türkiye to remain in the country depends on a student residence permit. We address the stages of the application, the conditions and documents required, the duration of the permit, the extension procedure, the grounds for cancellation and the legal remedies available against refusal decisions.
Foreign nationals who acquire immovable property of a residential character in Türkiye may request a short-term residence permit on the basis of that ownership. We address the value thresholds, the valuation and payment rules, the documents sought, the extension procedure and the remedies against decisions of refusal and cancellation from a practical standpoint.
We examine, from a practitioner’s perspective, the types of residence permit required by foreigners who wish to remain in Türkiye beyond their visa or visa-exemption period, the steps of the application, the permit durations, the documents required and the legal remedies available in the event of refusal.
The Ç-152 code is one of the restriction records that bar a foreign national from entering the country as a precaution and for a fixed period. We examine the objection and annulment routes for having the record lifted, its relationship with deportation and administrative detention decisions, and the timelines and costs involved.
Foreign nationals against whom criminal proceedings are conducted during their time in Türkiye have their permits cancelled and a Ç-114 code entered on their records. We examine the two-year entry ban this record creates, the objection and annulment routes, and the deportation and administrative detention dimensions.
Article 9 of the International Labour Force Act sets out subparagraph by subparagraph the circumstances in which a work permit request is to be refused. We examine the grounds of refusal, the assessment criteria applied by the Ministry, the foreign nationals exempt from those criteria, and the objection and annulment proceedings to be pursued against a refusal.
The Ç-149 code, issued against foreign nationals suspected by the risk analysis units of links with conflict zones, gives rise to a five-year entry ban. We examine the objection and court routes for removing the record, the time limits, and its relationship with a deportation decision.
The V-71 code, imposed on foreign nationals who fail to notify their address within time or declare an address contrary to the truth, produces consequences extending from the refusal of permit applications to deportation. We examine the grounds for the code, the sanctions it entails and the routes to its removal.
The cancellation of a residence permit rests on different grounds depending on the type of permit, and service of the decision leaves only a narrow window in which to act. We examine the grounds type by type and assess the routes of administrative objection, the action for annulment and the stay of execution.
Employing foreign personnel in a private home for the care of the elderly, the sick or children is subject to a permit. We address the application channels, the criteria the employer must satisfy, the list of documents, the social insurance obligations and the legal remedies to be pursued in the event of a refusal.
The G-26 code is imposed on foreign nationals associated with the activities of illegal organisations and gives rise to both deportation and an entry ban. We address the ground on which the code is imposed, the administrative objection and annulment routes, the annotated visa option, and the deportation proceedings that must be run in parallel.
The G-87 record, founded on a suspicion as to general security, closes off a foreign national’s admission to the country indefinitely. We address the objection and annulment routes to be pursued in removing the code, the applicable time limits, and the steps to be taken against administrative detention.
A foreigner faced with a deportation decision has two routes: bringing an action for annulment within seven days, or applying for an annotated visa. We examine the conditions governing the decision, the administrative detention regime and the mechanisms of challenge.
The International Labour Force Act opens a work permit route for certain categories of foreign nationals that is independent of the general assessment criteria. We examine who may benefit from this permit, the criteria required for each category, the application procedure, the fees payable and the legal remedies available in the event of a refusal.
An exceptional type of permit is available to foreign nationals who cannot satisfy the conditions for the other residence permits, within the situations exhaustively enumerated in the Law. We examine the circumstances in which this permit is issued, where and how the application is made, its duration and extension, and the remedies to be pursued against refusal and cancellation decisions.
The Ç-138 code issued in respect of foreign nationals turned back at a border gate creates an entry ban of up to five years. We examine the circumstances in which the code is entered, the routes of administrative objection and annulment, their time limits and their costs from a practical perspective.
Employing foreign personnel in the entertainment sector depends on capital and employment criteria specific to the employer. We address the conditions for the application, the documents required, the clauses required in the employment contract, the minimum pay thresholds and the legal remedies against a refusal decision.
Blue Card holders who were Turkish nationals by birth and later left that status may regain citizenship without being subject to a residence condition. We address the single substantive condition governing the application, the administrative process followed, the documents required and the routes available against a refusal decision.
Resting on an assessment of activity against national security, the G-82 code leads to a foreigner being turned back at the border or deported for an indefinite period. We examine the basis of the code, the requirement of concrete evidence, and the routes of objection and annulment.
Where the offence of fraud acquires a cross-border character, the M-67 code is entered against the foreign national and entry to the country is made subject to prior authorisation. We examine the legal basis of the code, the consequences it produces, and the objection and annulment routes to be pursued for its removal.
Act No. 5901 affords foreign nationals several routes to citizenship, each with its own list of conditions and documents. In this briefing note we address the routes to acquisition, the authorities to which the application is made, the stages of the process and the legal remedies available against a refusal decision, from a practical perspective.
The liaison office is the principal means by which a company established abroad can come to know the Turkish market without entering into commercial activity. The permission process, the prohibitions on activity, the employment of staff, bookkeeping and the office’s tax position are addressed from a practical perspective.
A foreign national whose request for Turkish citizenship is refused has two separate routes open: an administrative objection to the Directorate General of Civil Registration and Citizenship Affairs, and an action for annulment before the Ankara administrative courts. We examine the grounds of refusal, the time limits and the prospect of reapplying from a practical standpoint.
We address the conditions of the indefinite residence permit granted to foreigners who have resided in Türkiye for eight uninterrupted years, the method by which the period is calculated, the income criterion, the rights it confers, the grounds of cancellation and the legal routes to be pursued against adverse decisions.
The ability of accommodation establishments, SPA complexes and sports centres to employ foreign staff is tied to strict criteria. We address the conditions required for a tourism sector work permit, the course of the application, the contract terms, the extension procedure and the legal remedies available where the request is refused.
The foreign identification number beginning with 99 is a precondition for almost every official transaction in Türkiye. We address which applications generate the number, how foreign nationals without a residence permit may obtain one by the exceptional route, how it is checked and how duplicate or incorrect records are corrected.
Turkish citizenship acquired subsequently may be annulled where a false statement has been made or important matters concealed. We examine the grounds for annulment, the provision governing the liquidation of assets, and the objection and the action for annulment to be pursued against the decision.
The establishment of a company in Türkiye by foreign natural and legal persons rests on a technical process conducted through MERSİS. We examine the stages of incorporating joint stock and limited liability companies, the fields of activity subject to permission, the registration documents, the costs and timescales, and the notification and compliance obligations arising after incorporation.
The spouse and children of a Turkish citizen, or of a foreigner present in Türkiye under a residence permit, may seek a family residence permit by relying on a sponsor. We examine, from a practical standpoint, the statutory conditions for this permit, the documentary file, its duration, the prospects of refusal and cancellation, and the legal remedies available.
A separate work permit need not be obtained for every foreign national to be employed in Türkiye; the legislation places a limited group of foreign nationals outside that obligation. We address who is granted the exemption, how the e-exemption application works, the charges payable and the legal routes available in cases of refusal and cancellation.
A company whose head office is abroad may begin commercial activity in Türkiye through branch registration, without establishing a new legal entity. We examine the conditions for registration, the documents required under the Trade Registry Regulation, the timeframe and cost, the appointment of a manager and the compliance obligations that follow establishment.
We examine systematically the factual basis of each restriction code classified under the letters Ç, G, K, M, N, O, V and Y, the entry bans and prior permission requirements they give rise to, and the routes by which a code may be lifted through administrative application and an action for annulment.
For a foreign national teacher to take up a post in Türkiye, pre-approval from the Ministry of National Education and a permit from the Ministry of Labour and Social Security must be obtained together. We address the qualifications required, the equivalence process, the list of documents, the minimum salary, the extension procedure and the legal remedies against a refusal decision.
Refusal decisions issued by the Directorate General of Migration Management rest on criteria that vary by type of permit. We examine the grounds for refusal permit by permit and address, in practical terms, the objection and annulment periods that run from notification.
The Ç-113 code, entered on the records of foreign nationals assessed to have crossed the border irregularly, gives rise to a two-year entry ban. We examine when the code is imposed, the administrative objection and annulment routes, its relationship with a deportation decision, and how those processes operate.
Entered on an allegation of a connection with terrorism, the G-89 code closes a foreign national’s entry into Türkiye with no time limit. We set out, in practical terms, the assessment that leads to the code being entered, the routes of administrative objection and annulment, and the steps to follow against deportation and administrative detention decisions.
The employment of pilots, technicians, flight attendants and cabin crew is tied to numerical ratios and capital thresholds specific to the aviation sector. We examine the permit criteria, how the e-permit application works, the elements required in the employment contract, the wage floor, and the objection and litigation routes available in the event of a refusal.
Foreign nationals who have resided in Türkiye for five uninterrupted years may apply for citizenship where they meet the conditions listed in Act No. 5901. We address the criteria sought, the calculation of the period, the documents the file must contain and the course of the administrative process.
A foreign national holding a valid residence permit in Türkiye may transfer to another type of permit when the purpose of the stay changes. We address the circumstances in which a transfer is possible, the periods that apply and the documents required for each permit type.
For a foreign national placed in a removal centre pending deportation, the route to liberty runs through an objection to the magistrate’s court for criminal matters against the administrative detention decision. We address who the decision is issued against, the maximum periods of detention, the objection procedure and the alternative obligations.
The permit of a foreign national employed in Türkiye under a work permit is not renewed automatically. We examine the timing of the extension application, the conditions required of the employer and of the employee, the list of documents, the special sectoral requirements, and the remedies to be pursued against a refusal.
The employment of Syrian nationals holding temporary protection status is subject to rules separate from the general work permit regime for foreign nationals. We examine the conditions of application, the workplace quota, the list of documents, the fees and the possibility of exemption from a practical perspective.
The Ç-141 code, based on a suspected connection with international terrorism, makes a foreign national’s entry to the country conditional on prior authorisation and often arises alongside deportation. We examine the ground on which the record is created, the objection and annulment routes, the time limits and the court with jurisdiction.
Entered in respect of foreign nationals assessed to have supported themselves by illegitimate means, the Ç-116 code gives rise to deportation and a five-year entry ban. We examine the basis of the code, the options of objection and annulment, the applicable time limits, and its relationship with the deportation decision.
The Blue Card, granted to those who have left Turkish citizenship with permission, preserves for its holder the greater part of the rights belonging to nationals. We address the legal nature of the card, the application procedure, the conditions sought and the rights left outside its scope.
The Ç-117 code is entered against foreign nationals employed without a work permit, and the Ç-119 code where the administrative fine imposed is left unpaid. We examine the consequences of both records, the time limits for objection and for an action for annulment, and their connection with the deportation decision.
A foreign national found to be working without a work permit and the employer who engaged that person each face a separate administrative fine. We address the amounts of those fines, the additional obligations placed on the employer, the deportation process and the routes of objection.
We examine, from a practitioner’s perspective, the conditions required for foreign students enrolled at higher education institutions to work, who submits the application and through which channel, the documents requested, the minimum wage threshold and the legal remedies available against a refusal decision.
For foreign nationals subject to a restriction code, the annotated visa is a limited way of coming to Türkiye without the entry ban being lifted. We examine the purposes for which the visa is granted, the authority to apply to, the documents required for each type of visa and its relationship with a deportation decision.
A foreign employee moving to another branch of the same employer, or taking on a different role at the workplace, requires a transfer of the existing permit. We examine the requirements for a transfer, the application procedure, and the objection and court remedies to be pursued against a refusal.
We address, from a practitioner’s perspective, the grounds on which the V-69 restriction code is entered against foreign nationals deported following the cancellation of their residence permit, the routes of administrative objection and annulment proceedings, the applicable time limits, and the code’s relationship with the deportation decision.
Administrative Law
Because a disciplinary penalty is entered in the personnel file before it becomes final, removing the entry requires a separate legal process. We examine the routes of expiry of the period, amnesty and a court decision, and the action for annulment to be brought where a request for expungement is refused.
As a rule the administration establishes its unilateral acts without obtaining anyone’s approval; those acts are not, however, beyond judicial review. We examine the grounds of defect on which an annulment action rests, standing to sue, the sixty-day time limit and the consequences an annulment judgment produces.
For Blue Card holders who left citizenship with permission to renounce, reacquisition of citizenship is subject to a procedure independent of the residence requirement. We examine the conditions of that procedure, the right of option afforded to children and the judicial remedy to be pursued against a rejection decision.
For stays exceeding ninety days a residence permit is a legal obligation. We examine the application steps taken through e-Residence, the documents required for each type of permit, the extension procedure, the items of expenditure and the action for annulment to be brought against refused applications.
Civil service employment does not end by petition of resignation alone. We examine the mechanism of deemed resignation, which comes into play where duty is abandoned without an excuse accepted by the administration, the periods to which it is subject and its effects on the servant’s status.
The Law on Foreigners and International Protection frames the humanitarian residence permit as an exceptional status, available only in enumerated cases. We examine the scope of the permit, the authorities to which applications are made, the possibilities of transfer and the avenues to be pursued against a refusal, from a practitioner’s perspective.
A disciplinary penalty imposed on a civil servant may be set aside in administrative proceedings if it is defective in any of the elements of competence, form, cause, subject matter or purpose. We examine, from a practical standpoint, the objection authorities that vary with the gravity of the penalty, the limitation periods and the operation of the action for annulment.
Labour Law
Certain periods during which the employee does not in fact work are deemed by statute to fall within working time. We examine the scope of those periods, their effect on the overtime calculation and the consequences they produce in terms of wages, within the framework of Article 66 of the Labour Act.
Inheritance Law
Universal succession passes the whole of the estate to the heirs; penal sanctions, however, fall outside that whole. We address the legal basis for judicial and administrative fines lapsing on death, the distinction between the principal tax and tax penalties, and the remedies open to the heirs.
Marriage to a Turkish citizen does not confer citizenship on its own; every condition the Act requires must be met together. We examine the conditions required, the application procedure, the documents requested, the effect of divorce and annulment, and the action for annulment brought against a refusal decision.
Losses arising because a public service operates not at all, late or badly engage the administration’s fault-based liability. We examine the concept of service fault, the conditions of a compensation claim, the time limits, the rules of proof and the court with jurisdiction from a practical perspective.
Certain disputes before the administrative courts are decided under markedly shorter time limits and a simplified procedure compared with the general rules. We address the scope of the expedited procedure, its regime of time limits, the appellate routes available and the special procedure for central examination disputes.
Parcelling under Article 18 of the Zoning Act is a unilateral administrative act performed without the consent of the owners. We examine the purpose of the procedure, its stages, the limits of the DOP deduction and the forms of unlawfulness that warrant annulment.
Not every collective stoppage of work amounts to a strike in law. We examine who holds the right to strike, the steps through which the decision is taken, the distinction between a lawful and an unlawful strike, and the consequences of the process for the parties.
Not every employment claim is subject to the same period; some items run for five years and others for ten, while a reinstatement claim brings preclusive periods into play. We examine when each period starts, what suspends and interrupts it, and how the calculation is constructed.
The student residence permit is the type of permit that places the stay of foreign nationals who come to study in Türkiye on a legal footing. We examine who the permit is issued to, the conditions required, its validity periods, its relationship with other types of permit and the action to be brought against a refusal decision.
Consumer Law
Even where the vehicle of a driver without fault is repaired to the highest standard, its value on the second-hand market falls. We examine from whom this loss may be claimed, the conditions attached to it, how it is calculated and the routes available.
Non-pecuniary damage arising from attacks on personality rights carried out by the administration may be redressed before the administrative courts through a full remedy action. We address the criteria applied in fixing the award, the one-off right to increase the claim, and the question of interest.
Unpaid leave is, as a rule, given effect by the employee’s written application and the employer’s approval. We examine the circumstances in which the request arises and the matters the petition should contain.
We examine, from a practitioner’s perspective, the conditions under which the claim corresponding to the period the employee was not employed arises in files where the termination is declared invalid, its maximum duration, the payment items falling within its scope and the steps of its calculation.
The Turkish Citizenship Act No. 5901 places the acquisition of citizenship on two main axes: acquisition by birth and acquisition subsequently. We address the conditions required, the documents sought and the consequences that follow, for the general route, the exceptional route, marriage, adoption and the right of option.
Trademark and Competition Law
A trade mark entered in the register because the grounds for refusal were overlooked rests on a registration that was unlawful from the outset. We examine the grounds for an action for invalidity, its parties, the court with jurisdiction and the temporal effect of the judgment.
An accident at work can permanently narrow an insured person’s earning capacity. We examine the employer’s liability, the heads of damages that may be claimed, how the actuarial calculation works and the course of the proceedings from a practical standpoint.
The expiry of the sixty-day period against a regulation or a circular does not mean that the instrument will remain beyond review for ever. We examine the conditions under which the time limit against a regulatory act starts to run afresh once an implementing act is established.
Enforcement and Bankruptcy Law
Merchants who cease operating in fact but fail to perform the statutory notification obligation may face imprisonment upon a creditor’s complaint. We examine the conditions of irregular discontinuation, the complaint period and the procedural framework under Art. 44 and Art. 337/a of the Enforcement and Bankruptcy Act.
Family Law
Parentage between a child born outside marriage and the father is not established automatically. We address, from a practitioner’s perspective, the forms in which acknowledgement may be made, its conditions of validity, the rights it creates, and the parties and time limits in the action for its annulment.
A union formed by a religious ceremony alone is not a marriage in Turkish law. We examine the consequences this carries for a woman in terms of inheritance, maintenance, damages and the matrimonial property regime, together with the legal status of children born of the relationship.
Although custody is as a rule granted to a single parent after divorce in Turkish law, the 2017 decision of the 2nd Civil Chamber of the Court of Cassation opened the way to joint custody. We examine its legal foundations, the conditions the courts require, the rights and obligations of the parents, and the content of a joint custody agreement.
Real Estate Law
A change in ownership of the leased property allows the new owner, once the conditions are met, to bring the lease relationship to an end. In this briefing note we address the conditions of the eviction claim under Art. 351 of the Turkish Code of Obligations, the one-month notice period and the six-month period for bringing an action, the conduct of the proceedings and the restriction on reletting.
Law of Obligations
A mortgage entered on the land register unlawfully unjustly restricts the owner’s right of ownership. We examine the legal nature of the action for the removal of a mortgage, the grounds of invalidity, its parties, the court with jurisdiction and venue, and the burden of proof from a practical perspective.
A divorce concluded before a foreign court is not reflected automatically in the Turkish civil registry records. We address applications to the civil registry office and the consulate, the distinction between recognition and enforcement, the documents required, and the consequences arising as regards custody, maintenance, damages and the matrimonial property regime.
Information Technology Law
The Turkish Penal Code regulates information technology offences under the headings of both offences in the field of information technology and offences against private life. We address the types of offence, the sentences laid down, the preventive measures and the criminal procedure together.
Offences committed through information systems are as a rule investigated of the prosecutor’s own motion; yet the prosecution service most often learns of the incident only through the victim’s report. We address how and where the application is to be made, the methods of identifying the offender and the limitation periods.
Where the lease relationship becomes unbearable for one of the parties, the agreement may be brought to an end before its term expires. We examine, from a practical standpoint, the criteria for a compelling reason under Art. 331 of the Turkish Code of Obligations No. 6098, the procedure for termination, the compensation regime and the conduct of the eviction action.
Maritime Commercial Law
The Turkish Commercial Code contains no separate chapter dividing ship mortgages into types; the classification is drawn from the provisions of the Code, the literature and the case law. We examine every form, from the shipyard owner’s mortgage and the mortgage over a ship under construction to the maritime lien, the maximum-amount mortgage and the foreign currency mortgage.
A ship mortgage sometimes comes to an end together with the claim it secures and sometimes independently of that claim. We examine the grounds of extinction set out in TTK Art. 1044 et seq., the cases of extinction by court order and the process of deletion from the register from a practical standpoint.
The striking together of two vessels is characterised as a collision for the purposes of the Turkish Commercial Code No. 6102, and liability is made subject to different principles according to the position of the parties as to fault. We examine the types of collision, the preservation of evidence, the action for damages, the limitation of liability and the limitation periods.
Where one of the co-owners sells their share to an outsider, the other co-owners are afforded the opportunity to acquire that share on the same conditions. We address the transfers on which this entitlement arises, the way the preclusive periods are calculated, the deposit of the price and the outcomes of the action.
The visual design of a website and its content fall within the protective scope of different statutes. We examine the legal nature of the domain name, the registration of designs under the SMK and the status of content under the FSEK.
We examine the obligations to answer applications, to appoint a representative and to host data that the 2020 amendment to Act No. 5651 imposed on social network providers, together with the applicable time limits and administrative fines.
Whether an exchange can be placed in the case file as evidence depends on who took the record and by what means. We examine the criteria of lawfulness for WhatsApp records and their use according to the type of action.
The offence of threat does not require the parties to be in the same setting; statements directed through digital channels also constitute the offence. We examine the effect of using a fake account on the penalty, the complaint and conciliation regime, and the sanctions prescribed.
Refusal of an occupancy application for a structure completed in accordance with its building permit is an act open to review before the administrative courts. We address the conditions for the building occupancy permit, the thirty-day tacit acceptance rule and the course to be followed against a refusal.
Where no settlement is reached, the administration is obliged to bring an action for the determination of compensation and registration. We examine its preconditions, the criteria by which the compensation is fixed, the position of the parties, the litigation timetable and the available appeals from a practical perspective.
A service charge fixed by the general assembly of condominium owners does not become a definitive and unchallengeable debt where it is set at a disproportionate level. We address, from a practical standpoint, the route for objecting to the management budget, the objection period, on whom luxury expenditure may be imposed and the consequences of non-payment.
In pre-drafted standard contracts, provisions conferring an advantage on the drafter are characterised as general terms and conditions and are subject to a particular scrutiny as to validity. We address the requirements for such terms to be binding, the rules of interpretation, the sanction of being deemed not to have been written and the availability of damages.
As a limited right in rem created over an item of property in the creditor’s favour, the pledge secures performance of the debt. We address the ways in which pledges over immovable and movable property are created, the principles governing these two forms, the preservation of the value of the security and the termination of the pledge from a practitioner’s perspective.
Pensions granted under the social security system may not, as a rule, be made the subject of compulsory enforcement. We examine the limits of that protection, the maintenance and premium debt exceptions, the conditions for a valid declaration of consent, and the routes available against unlawful deductions.
The refusal of a building permit application that complies with the legislation is an individual act open to review before the administrative judiciary. We address the conditions for a permit, the application procedure, the avenues to be pursued against a refusal and the sixty-day time limit.
Where the co-owners cannot bring their collective ownership of a property to an end between themselves, the action for the dissolution of co-ownership comes into play. We examine, in practical terms, the conditions of the action, the choice between partition in kind and sale, disputes as to improvements and the auction process.
This contract model brings together, at the same table, the owner who wishes to realise the value of their land without laying out cash and the contractor who wishes to share the financing burden, uniting the transfer of an immovable and the creation of a work in a single relationship. We examine, through the lens of practice, the nature of the contract, the mandatory form, the parties’ obligations and the types of dispute to which it gives rise.
The ship registry does not merely show a vessel’s allegiance to a State; it plays a decisive part in the creation of rights in rem, in transactional security and in generating public reliance. We examine the National Ship Registry, the Turkish International Ship Registry and the building registry together with their registration procedures.
Where the party who has assumed the obligation to transfer an immovable refrains from carrying out the transaction at the land registry, a court judgment takes the place of the intention to transfer. We consider, through the lens of practice, the relationships from which the action to compel registration arises, the conditions required, its parties, the limitation period and the course of the proceedings.
The family residence permit, designed to allow family unity to be maintained, is subject to separate conditions for the sponsor and for the applicant alike. We examine its scope, the conditions sought, the grounds for cancellation and the action for annulment against a refusal.
An undertaking to vacate is a document in which the tenant assumes in writing the obligation to vacate the immovable property on a specified date. We examine the conditions for the validity of the document and set out a sample text.
The transformation decision taken in a risky structure does not always reflect the common will of all the owners. We examine, from a practical perspective, the means of recourse a dissenting owner may use against the decision of the meeting, against the contractor’s contract and against the sale of the land share.
A request to end co-ownership or joint ownership can no longer be taken straight to court. We examine, through the lens of practice, who conducts the mediation stage, where and within what time limit it is conducted, and the consequences that follow where agreement is reached and where it is not.
We address the urgent expropriation procedure, under which the administration may begin using an immovable property before completing the ordinary expropriation steps: its statutory basis, the nature of the provisional compensation determined by the court, the effect of taking possession on ownership and the legal remedies open to the owner.
Removing a tenant from the leased property depends not on the owner’s preference but on the existence of a ground listed in the statute. We consider together the grounds for eviction, how the action proceeds, the procedural errors most often made in practice, and the questions most frequently asked.
An adjudication of bankruptcy by the commercial court wholly alters the debtor’s legal position; the regime of individual enforcement gives way to collective liquidation. We address the consequences of the judgment for the bankrupt, the creditors and third parties as a whole.
In a construction relationship in return for land shares, the stage at which the title deed is transferred, and the extent of that transfer, directly determine the risk each party assumes. We examine the advance title deed practice, the staged transfer system, the limits of the powers of attorney given to the contractor, and the types of action arising from the transfer of title.
Sports Law
An allegation of doping is not merely a laboratory result: how the control was carried out, who must prove the violation, and before which body and within what period the decision may be appealed all determine the outcome. We examine the sanctions provided for the athlete and the team, together with the appeal regime.
Before the litigation stage is reached in an expropriation, the administration is required by law to attempt agreement with the owner. We examine the operation of the purchase procedure through all its stages, from valuation to the record of settlement and payment, including the judicial route to be followed where no agreement is reached.
When the administration expropriates only the portion of an immovable it requires, the part left in the owner’s hands frequently cannot preserve its former value. We address the circumstances in which the diminution in the remaining portion is compensated, the method of calculation and the preclusive period to which the claim is subject.
A person holding a title deed allocation certificate is not regarded as the owner of the property; the certificate creates only a right of use and the prospect of seeking registration later. We examine the legal nature of the certificate, its transfer, its devolution to heirs and the conditions required for conversion into title.
Water seeping from the floor above, or a fire beginning in one independent unit, is often not merely a technical failure but a legal dispute over who is to be held liable. We examine how liability for losses arising from the neighbourly relationship is distributed among the owner, the tenant and the unit owners, the role of insurance, and the conduct of an action for damages.
A condominium owner wishing to make changes in its own flat moves between the freedom conferred by the right of ownership and the limits protecting the main structure and the neighbours. We examine which works may be carried out without consent, which depend on a majority decision, and the liabilities to which unauthorised renovation gives rise.
Condominium ownership, which organises individual ownership of an independent section together with co-ownership in shares of the common areas, is a special right in rem arising upon registration. We address the conditions for creating the regime, its elements, the rights and obligations of owners, the management structure and the ways in which it comes to an end.
Where the rent goes unpaid, the landlord may both recover the sums due and secure the vacation of the leased property through a single set of proceedings. We address every stage of the process, from the drawing up of the payment order to forcible eviction, together with the applicable time limits and the course to be followed according to the type of objection raised.
While the tax on rental income from a residence is as a rule declared by the property owner, in leases of commercial premises the task of withholding and paying the tax over to the authority is left to the tenant. We address the practical consequences of that distinction, the conditions governing the exemption and the uncertainties that arise most often.
The security deposit taken in leases of residential and roofed commercial premises is not income the landlord may use freely; it is a security whose limit, manner of safekeeping and return are framed by statute. We examine the ceiling on the deposit, the blocking regime, the scope for set-off and the routes to follow where it is not returned.
In long-running lease relationships the rent frequently falls behind the market. We examine the conditions for a rent determination action under Art. 344 of the Turkish Code of Obligations, the calculation of the five-year threshold, the criteria applied in fixing the rent and the course of the proceedings.
Can the conclusion or the continuation of a lease relationship be made conditional upon the tenant undertaking an obligation unconnected with the use of the leased property? We address the additional arrangements treated as invalid under Article 340 of the Turkish Code of Obligations, the protocols that may remain valid, and the consequences of a breach of the prohibition.
Actions brought before the consumer court are exempt from judicial fees, but that exemption does not extend to the cost advance or the evidence advance. We examine the limits of the exemption, how litigation costs operate and the availability of legal aid.
Health Law
Because the relationship between patient and hospital is not specifically governed by statute, the question of against whom liability lies turns on how the contract is characterised. We examine the complete, divided and outpatient treatment contracts, the parties’ obligations and the public–private distinction.
How is the contract brought to an end when the contractor abandons the work in a transformation project? We examine the conditions required for termination under Act No. 6306, the administrative procedure before the Presidency of Urban Transformation and the financial consequences termination produces for the parties.
Classifying a building as a risky structure produces an administrative result that directly affects the owners’ property rights. We examine who may have the determination made, the content of the report, the land registry annotation, the rules on service, and the periods for objection and for bringing an action.
In a building that has acquired risky structure status, transformation is a chain made up of the links of determination, service, objection, decision-making, evacuation, demolition and reconstruction. Each stage has its own time limits and its own risks of a loss of rights.
In lease relationships concluded between persons resident in Türkiye, agreeing the rent in a foreign currency or indexed to an exchange rate is, as a rule, prohibited. We examine the limits of the prohibition, the exceptions listed in the legislation and the private-law and administrative-sanction dimensions of a breach.
The employer is obliged to establish a preventive system protecting employees from hazards originating in the workplace. We examine the statutory basis and scope of that obligation and the administrative, civil and criminal consequences of its breach.
A housing or business need arising for the landlord or the landlord’s close family is one of the statutory grounds that bring a lease relationship to an end. We examine the conditions required for the claim to be entertained, the preclusive periods, the means of proof and the limit imposed on re-letting the property after eviction.
A bankruptcy decision against the tenant does not bring the lease relationship to an end of its own accord. Article 332 of the Turkish Code of Obligations No. 6098 affords the landlord the possibility of first demanding security and, if none is provided, of terminating the agreement and seeking to have the leased property vacated. We examine the steps of the process from a practical standpoint.
In disputes over the rent, the choice of action often decides the outcome. We compare the bases, the fields of application and the risks of a wrong choice as between the determination action under Art. 344 and the adaptation action under Art. 138 of the Turkish Code of Obligations.
In the great majority of disputes arising from a lease relationship, an application to a mediator is required before going to court. We examine, with a practitioner’s eye, which claims are subject to this requirement, how the process is conducted and the consequences of procedural non-compliance.
An employer’s application for composition does not of itself terminate employment contracts; it does, however, fundamentally alter how claims are recovered. We examine the priority ranking of employee claims, the enforcement stay during the moratorium, the Wage Guarantee Fund and the routes open to the employee.
The route to be followed in recovering a secured claim differs significantly from ordinary attachment proceedings. We examine the conditions for enforcement by way of realisation of the pledge, the distinction between proceedings with and without a judgment, the debtor’s scope for objection and the distribution of the sale proceeds.
Where the moment at which the property changes hands is not put into writing, arguments over damage, missing fixtures and the date of handover become unavoidable. We examine the legal function of the key handover record, when it should be drawn up, a model text, and the procedure for handover through a notary public.
Where continuing the employment relationship can no longer be expected of the employee, the statute allows them to bring the contract to an end without regard to any notice period. We examine the grounds under Art. 24 of the Labour Act, the six working day rule and the entitlements that arise after termination.
A professional footballer who cannot obtain his salary, bonus or signing fee has more than one route open to him. We examine the scope of the claim, the moment it falls due, the choice between the UÇK and the general courts, the enforcement and attachment options and the transfer ban sanction.
In leases of residential and roofed workplace property, a power to terminate without showing cause arises for the landlord once the extension years complete ten years. We examine the moment this power arises, the three-month notice requirement, the subtleties of calculating the period, and the conduct of the eviction action.
Where an immovable property is entered without permission, its boundary crossed or its use restricted in fact, the principal avenue open to the holder of the right is an action for the prevention of interference. We examine the action’s character in rem, the conditions required, standing and the conduct of the proceedings from a practical standpoint.
Vacating the leased property before its time does not make the tenant liable for the whole of the remaining term. We examine the limitation of that liability to a reasonable period, how that period is determined, how the compensation is calculated and the procedure by which the claim is asserted.
In transfers of immovable property made in return for a promise of care, the dispute most often surfaces only after the title deed has changed hands. We examine the grounds of invalidity, the parties, the applicable time limits and the conduct of the proceedings in claims for annulment of title deed and registration founded on a maintenance contract.
Where the person appearing as owner in the land registry has possessed the immovable in good faith and without interruption for ten years, ownership becomes final by operation of law. We examine, from a practical standpoint, the conditions and consequences of this route to acquisition under Turkish Civil Code Art. 712.
Registering an immovable temporarily in another person’s name on the basis of trust separates what the land registry shows from what the parties actually intended. We examine the regime of proof, the parties, the limitation dimension and the outcomes of the action for annulment of title deed and registration brought where the obligation to return is not performed.
Decisions taken by a municipal executive committee are final and enforceable administrative acts; they may therefore be reviewed both by way of objection to the administration and through an action for annulment. We examine the committee’s sphere of authority, the grounds for annulment, the court with jurisdiction and the sixty-day time limit for bringing an action.
Where the owner lacked capacity of discernment at the moment the immovable was transferred, the transaction is invalid from the outset. We examine when a plea of incapacity succeeds, the parties to the action, the rules of proof and the decisions the court may give.
An entry in the land registry does not of itself show that the legal relationship behind it is valid. We examine, from a practitioner’s perspective, the grounds, parties, time regime and consequences of the action brought to delete a registration that came into being unlawfully and to restore the property to its true right holder.
Whether an employee who leaves work of his own volition can claim severance pay depends on the reason behind the departure. We examine the cases treated as termination for just cause, the special grounds for departure recognised by statute, and the fate of resignation letters obtained under pressure.
An heir whose name appears nowhere on the certificate of inheritance may find their share transferred to others on the strength of a document that does not reflect the true position. We examine the concealment of an heir, the actions available and the principles governing the proceedings.
Even where a transfer of immovable property made under a power of attorney appears sound in point of form, the transaction enjoys no legal protection if the agent used his authority to the detriment of the principal. We examine the bases, parties, means of proof and consequences of this action.
In unregistered properties, or those whose owner cannot be ascertained from the register, long-sustained factual control confers ownership once the conditions required by law come together. We examine the conditions of extraordinary acquisitive prescription, the regime of possession, the calculation of the period and the conduct of the registration action.
We examine the legal nature of unpaid leave, which suspends rather than terminates the employment contract, the conditions for its validity, the special cases arising from statute, and the consequences of a failure to return to work or a refusal to re-engage once the leave has ended.
The administration cannot withdraw a title deed allocation certificate it has once issued in every circumstance. We examine, from a practitioner’s standpoint, the grounds on which the certificate may be revoked, the consequences of removing entitlement, and how the action for annulment before the administrative courts proceeds.
A person who pays under the pressure of attachment although owing nothing may reclaim the sum through an action for recovery. We examine the conditions of the action, the one-year preclusive period, the rules of proof and its relationship with the negative declaratory action.
For businesses unable to meet their commercial debts, bankruptcy is a collective liquidation regime that takes the place of individual enforcement. We address as a whole the persons subject to bankruptcy, the parties entitled to request it, the procedures for applying with and without prior enforcement proceedings, and the proceedings before the commercial court.
The family residence is a special status the law affords to the place in which the marital union is actually lived out. We address the criteria by which that status is determined, the protections it provides, and the process of placing an annotation on the land registry record and having it removed.
The Labour Act No. 4857 limits the employer’s power of termination by requiring a valid reason and compliance with procedural rules. We examine who benefits from job security, the conditions under which a termination is treated as valid, and the rights arising in the reinstatement process.
Making an immovable property with no way out to a public road usable often depends on the courts creating a right of passage over neighbouring parcels. We examine the conditions for a right of way, the criteria for fixing the route, the determination of the compensation and the effects of registration in the land registry.
A person placed under the pressure of enforcement proceedings over a debt that does not exist may establish by court judgment that he is not a debtor. We examine the conditions of the negative declaratory action, the regime of interim relief, the burden of proof, the compensation consequences and the applicable periods from a practitioner’s standpoint.
The residence forming the centre of the marital union is closed to unilateral disposal, whoever holds the title deed. We examine the function of the family residence annotation, the limits of the owner spouse’s powers, the special protection provided for leased residences, and the actions available against transactions made without consent.
Compulsory enforcement may not leave the debtor unable to sustain their economic existence. We examine the property and income placed under absolute and partial protection by the Act, the criterion of a dwelling befitting the debtor’s circumstances, the debates over insurance payments, and the procedure for a complaint of exemption from attachment.
Foreign nationals may acquire immovable property in Türkiye, but the right is restricted by region, surface area and nationality. We examine the restrictions under Land Registry Act, Art. 35, the stages of the purchase process, the special regime applicable to companies and citizenship investments.
The holographic will, in which the deceased may set down his final intention entirely on his own, carries as much risk of invalidity as it offers convenience. We address the formal conditions for this disposition, the methods of keeping it safe, the grounds of annulment and the opening process followed after the death.
Mental illness arising in one of the spouses constitutes a ground for divorce only where certain conditions are met together. We address the nature of the illness, the role of the official medical board report, the burden of proof, custody and the appointment of a guardian from a practical perspective.
Buildings that possess aesthetic value and an original character count as works of fine art under the Act on Intellectual and Artistic Works. We examine the conditions under which architectural works are protected, the limits of alterations made without consent, the powers to have the author’s name indicated and to control reproduction, and the separate status of architectural projects.
Attachment is the act of compulsory enforcement that restricts the debtor’s power to dispose of their assets, applied at the creditor’s request in proceedings that have become final. We examine the types of attachment, its subject matter, the assets kept outside it and the remedies afforded to the debtor within the framework of the legislation.
Not every judgment can be enforced the moment it is given; some become enforceable only once the appellate remedies have been exhausted. We examine the types of decision for which finality is required, the cases in which it is not, and the remedies available when the requirement is breached.
Whatever rate the contract may specify, the increase in the rent is limited by the ceiling drawn by the law. We examine the consumer price index criterion, the different regime of determination that comes into play in lease relationships which have completed five years, and the effect of timing on the outcome of a rent determination action.
Adjusting the rent, the conditions of use or other terms while a lease is running is a common need. We examine, around Article 343 of the Turkish Code of Obligations, the limits within which such adjustments are valid, the fate of clauses operating against the tenant, and the practical consequences of invalidity.
Establishing parentage between a father and a child born outside marriage requires the biological relationship to be demonstrated. We examine the evidential value of DNA testing in a paternity action, orders for examination by force, and the legal validity of tests arranged without a court order.
Joining an attachment placed earlier affords a creditor a share of the sale price. We address the conditions of this exceptional institution, the ranking relationship among creditors, pro rata distribution and the remedies available against a decision on participation.
A promise to pay in instalments given before the enforcement directorate can, if not kept, leave the debtor facing coercive imprisonment of up to three months. We examine the validity requirements of the undertaking, the elements of the offence of breach, the complaint periods and the ways in which the sanction falls away.
Infringement of the rights in a work may give rise not only to civil actions but also to criminal proceedings. We examine the acts listed in Art. 71 and Art. 72 of the FSEK, the sanctions prescribed, the complaint requirement and the protective measures applied during the investigation.
Once the divorce judgment becomes final, a woman as a rule reverts to the surname she bore before marriage. Art. 173 of the Turkish Civil Code No. 4721 allows a woman with an interest, and where no harm is caused to the former husband, to continue bearing that surname. We address the conditions, the time limits and the route of objection.
Ending a marriage union by court judgment depends on choosing the right ground and submitting the evidence in accordance with proper procedure. We examine the legal bases of a divorce action, the operation of the contested and uncontested routes, the effect of fault on the ancillary consequences and the interim measures available during the proceedings.
A creditor who commences proceedings for a claim that never arose, or that has been extinguished, may face an award of compensation in the debtor’s favour. We examine the conditions for bad-faith compensation, the basis on which it is calculated and the criteria prominent in the case law from a practical perspective.
An attachment placed on wages makes the employer the practical addressee of the enforcement process even though it is not a party to the debt relationship. We examine the rates of deduction, the privileged position of maintenance claims, the ranking rules where there are several attachments and the liability arising from a failure to comply with the notice.
In enforcement founded on a cheque or a promissory note, the most effective defence in the debtor’s hands is to assert that the signature on the instrument is not his own. We examine the five-day time limit, the proceedings before the enforcement court, the burden of proof, and the compensation and fine that await the party who is unsuccessful.
For undertakings that have fallen into payment difficulty, composition with creditors is a route to restructuring that offers an alternative to bankruptcy. We examine the types of the institution, the conditions for application, the moratorium stages, the obligations of the parties and the consequences of orders of confirmation and dismissal.
For an employee who completes a year of service, annual paid leave is not a benefit left to the employer’s discretion but a statutory guarantee of rest. We address the conditions under which the right arises, the calculation of periods by length of service, the procedure for granting leave and the consequences of failing to grant it.
A lessor unable to recover the rent may apply directly to the enforcement office under Article 269 of the Enforcement and Bankruptcy Act No. 2004, without awaiting a court judgment. We examine, from a practical perspective, the conditions of the proceedings, the stages running from the payment order to attachment, and the possibility of pursuing the guarantor.
In joint ownership the co-owners have no determined shares, so a creditor of a debtor co-owner cannot have the immovable sold directly. The route to recovery runs through an action for the dissolution of the joint ownership, brought under an authorisation obtained from the enforcement court.
Where the sale proceeds do not meet all the claims, the ranking schedule sets the framework for distribution. We examine how the schedule is drawn up, the hierarchy of priority among claims, and the avenues of complaint and of an action for objection available within the 7-day period running from service.
Where an owner finds their property in the hands of an unlawful possessor, the principal route available is the action for recovery of property. We examine its types, the short periods that run during an attachment, its parties, the rules of proof and the consequences for restitution that it produces.
An optional application to the administration suspends the time limit for bringing an action; where it is expressly or impliedly refused, an annulment action comes into play. We address the objection mechanism, the rules on jurisdiction, the preclusive periods and the effects of an annulment judgment.
Poverty alimony is a safeguard mechanism afforded to the spouse who will face hardship in providing for himself or herself by reason of the divorce. We examine the conditions for the claim, who may apply, the criteria for determining the amount, the scope for adjustment and the grounds on which it comes to an end.
In monetary disputes between employee and employer, applying to a mediator before going to court is a procedural requirement. We address the scope of the obligation, the application procedure, the time limits that run during the process and how the mediation fee is shared.
The Civil Servants Act No. 657 regulates disciplinary penalties in five degrees, from the lightest to the most severe. We examine the scope of the penalties, the acts to which they correspond, the authorities empowered to impose them, the limitation periods, and the objection and litigation remedies.
The decisions of the administrative and tax courts may be reviewed afresh before the regional administrative courts in respect of both their factual and their legal aspects. We address which decisions are open to appeal and which are not, the time limit for applying, the stages of the review and the types of ruling that may be given.
The duty of the parent who is not granted custody to contribute to the care, education and health expenses of the common child is termed child support. We examine the cases in which this obligation arises, the criteria for determining the amount, the conditions for its alteration and termination, and the court with jurisdiction.
Where the same act constitutes both an offence and a disciplinary breach, the two processes run in parallel; yet the judgment of the criminal court, and the reasoning behind it, may directly affect the legal basis of the disciplinary penalty. We examine what the various types of acquittal, and a decision to defer the announcement of the judgment, mean in disciplinary law.
Turkish law allows a person to hold a citizenship bond with more than one state at the same time and calls this multiple citizenship. We examine the conditions under which the status arises, the notification obligation, and the action for annulment to be brought where an application is refused.
The interval between a collection reaching the market and being copied grows ever shorter. We consider how fashion designs sit between copyright law and industrial property legislation, the conditions for registration, the terms of protection and the sanctions available in the event of infringement.
Sale, gift or mortgage transactions over the family residence are subject to the express consent of the other spouse. We examine the conditions, the parties, the rules of proof and the outcomes of the action for annulment of title deed and registration brought against transfers made without that consent.
Deportation decisions issued by the governorship are administrative acts and are subject to judicial review. We address who may be made the subject of a deportation decision, which persons are protected from the measure, the invitation-to-leave procedure and the seven-day period for objection.
A notice of compensation for unjust occupation served on persons regarded as occupiers of publicly owned immovable property is a final and enforceable administrative act. We examine the basis of the notice, its mandatory content, the criteria applied in assessing the amount, and the routes of objection and annulment.
The naturalisation of a foreign national is a multi-stage process in which the administration exercises a broad margin of discretion. We examine the conditions required by Art. 11 of the Act No. 5901, the chain running from the governorship to the Ministry of the Interior, and the action for annulment against a decision of rejection.
The share a surviving spouse receives from the estate cannot be found by looking at the statutory proportions of inheritance alone. The liquidation of the matrimonial property regime, the reserved portion, claims over the family residence and equalisation must be assessed together; in this briefing note we address these topics from a practical perspective.
The liability of the administration for the loss of life and property that follows an earthquake turns on whether its inspection and precautionary obligations were properly discharged. This note addresses service fault, the force majeure debate, the full remedy action and the applicable application periods.
Public receivables that arose up to the date of death form part of the liabilities of the estate and are directed at the heirs. We examine the distinction between the principal tax and the tax penalty, the limit set by the inheritance share, the effect of renouncing the inheritance, and the action to be brought against a payment order.
A notice served on the ground that public property has been used without permission is a final and enforceable administrative act. We examine the lawfulness of the underlying inspection record, of the assessment of the amount and of the content of the notice, together with the avenues of objection and annulment.
A tenant’s allowing another person to use the leased property does not change the party to the lease relationship, but it depends on the landlord’s written consent. We examine the conditions of a sub-lease, how it differs from assignment of the agreement, the allocation of liability, and the consequences of allowing use without permission.
In the course of appointment to public office, a security investigation or archive search that concludes unfavourably is a unilateral and effective administrative act subject to judicial review. We examine the scope of the search, the deciding authorities and the operation of the action for annulment under the Act No. 7315.
For foreign nationals planning a stay in Türkiye beyond the period of their visa, the short-term residence permit is the first document turned to. We examine its scope, the conditions required, the periods, the extension procedure and the action to be brought against a refusal decision from a practical perspective.
The Blue Card afforded to those who lose Turkish citizenship through a permission to renounce places its holder on an equal footing with citizens as regards the acquisition of immovable property and the status of heir. We examine the legal basis and the limits of that position.
Where a spouse makes settled a way of life irreconcilable with society’s understanding of morality and decency, the other spouse acquires a right of divorce that is subject to no time limit. We address the conditions of this special ground under Turkish Civil Code Art. 163, the routes to proving it, and its effect on damages, alimony and custody.
We examine the conditions governing compensatory work under Art. 64 of the Labour Act, which allows periods that passed idle to be made good later, together with the daily and four-month limits, the overtime liability arising where those limits are exceeded, and the court proceedings that follow.
Zoning plans are regulatory administrative acts that may be made the subject of an action for annulment because of defects in their elements. We examine the hierarchy of plans, the grounds of annulment and the effect of annulment.
Administrative contracts, whose subject matter is the performance of a public service, are subject to a judicial regime distinct from that of private law contracts. We examine their elements, their types, the rules on jurisdiction and the remedies available.
Assistance alimony allows a person who can no longer meet their own subsistence to obtain support by court order from close relatives of sufficient means. We address its conditions, the criteria for fixing the amount, its duration and the circumstances in which it ends.
Bringing an action for annulment does not of itself prevent an administrative act from being applied. We examine the stay of execution, which suspends the effect of the act while proceedings are pending, its conditions under Art. 27 of the Administrative Procedure Act, the objection procedure and its different operation in tax cases.
A demolition decision taken by the municipal executive committee produces consequences that cannot be reversed once carried out. We examine the process running from the building suspension report to the executive committee’s decision, the criteria of lawfulness and the role of a stay of execution request.
A non-compete obligation requires the employee to refrain from defined activities after the employment contract has ended. Within the framework of Arts. 444–447 of the Turkish Code of Obligations No. 6098, we examine the conditions of validity of such a clause, its limits as to duration and place, the regime of the contractual penalty and the course of the proceedings.
Although gambling addiction is not listed in the Turkish Civil Code as a self-standing ground for divorce, the marital union is accepted as having broken down irretrievably to the extent that the addiction leads to a breach of the duties arising from the marriage. We examine the conditions of the action, the means of proof and the effect on custody from the standpoint of practice.
Refusal of a licence application is an administrative act that directly prevents an undertaking from commencing operations. We assess, from a practical standpoint, the stages of the application process, the conditions for an action for annulment against a refusal, the time limit for bringing that action and the scope for recovering the loss suffered.
Revocation of a licence, suspension of work and suspension of operations are administrative sanctions that directly threaten the commercial existence of an undertaking. We address the circumstances in which these orders are made, the inspection regime that varies by class of establishment, and the objection and court remedies available against them.
The refusal of a citizenship application is an administrative act and is subject to judicial review. We examine the objection route available against a refusal decision, the conditions for an action for annulment, the court with jurisdiction and how the time limits are calculated.
In Turkish law a marriage is contracted only before an authorised registrar. We address the consequences that unions established by a religious ceremony alone produce for custody, alimony, damages and succession, together with the power to conduct marriages granted to muftis’ offices.
The annulment of an administrative act does not of itself result in the damage caused by that act being made good. We address the basis of the full remedy action to be brought after an annulment decision, the types of liability of the administration and the preclusive time limits.
A person whose economic and moral rights in a work are prejudiced has at his disposal a range of actions extending from bringing the attack to an end to demanding the transfer of the profit obtained. We examine the conditions for these actions, the courts with subject-matter and territorial jurisdiction and the limitation regime that applies.
Persons whose assets are diminished or whose personality rights are impaired by an act or operation of the administration may seek redress through a full remedy action. We address the conditions for the action, the rules on jurisdiction, the time limits and the mandatory prior application.
A disciplinary penalty does not arise of itself but at the end of a defined procedure. We examine, from a practical standpoint, who may be subject to a disciplinary investigation, the limitation periods, the competent superiors, the right of defence and the action for annulment brought against the penalty.
A passport restriction that does not rest on a court decision is an administrative act interfering directly with freedom of travel. We address its review in terms of the elements of an administrative act, the time limit for the action for annulment and the full remedy action that may follow.
The risky structure determination, the first link in urban transformation, is an administrative act that directly affects the right of property. We examine the owner’s 15-day right of objection, the 30-day time limit for bringing an action, the application for a stay of execution and the consequences of the decision.
In terminations carried out without compensation on an assertion of just cause, the burden of proof lies with the employer. We address the compensation an employee may claim where that assertion cannot be made out, the possibility of reinstatement, and the time limits that must be observed.
Where a reinstatement decision has become final but the employer does not take the employee back to work, a special statutory obligation to pay compensation arises. We address the conditions for this compensation, the discretionary range of four to eight months, the method of calculation and the time of payment.
A disciplinary penalty imposed on a student is an administrative act and may be set aside where its elements are defective. We examine the types of penalty, the limitation periods, the investigation procedure, the right of defence, and the routes of objection and annulment.
We examine the conditions for the long-term residence permit, which affords the possibility of indefinite residence, how the eight-year period of continuous stay is calculated, the rights conferred on permit holders, and the action for annulment against a refusal decision.
An employer may bring the employment contract to an end without running a notice period only in the grave cases enumerated by statute. We examine the bases of this power, the six-working-day preclusive period, the consequences as to compensation and the regime of proof from a practitioner’s standpoint.
Foreign nationals who make one of the investments listed in the Regulation may acquire Turkish citizenship by decision of the President. We examine the three core conditions of the application, the investment options, the documents required and the action available against a refusal.
Turkish citizenship is acquired by descent, not by place of birth. We address the citizenship position of a child born abroad through the three situations provided for in Article 7 of Act No. 5901, together with the consular notification procedure.
Building registration certificates issued under the zoning amnesty may be withdrawn by the administration on allegations of irregularity. We examine the grounds for cancellation, the possibility of objecting to the administration, the sixty-day time limit for bringing an action, and the administrative and criminal consequences of cancellation.
A judgment annulling an administrative act does not mean that the outcome takes effect of its own accord. We examine the damages and criminal remedies available against the administration, and against the public official who refrains from implementing the decision, where a judgment is not implemented at all, only in part, or late.
Where the parties end the employment relationship by mutual agreement there is no termination, and that carries serious consequences for reinstatement, compensation and unemployment benefit. We examine the criteria of validity, the reasonable benefit test and the Court of Cassation’s approach to review.
The employment relationship of press employees is subject to a special regime distinct from the general employment legislation. We address the working time, wage and leave entitlements, severance and notice pay, and termination procedures of journalists within the scope of Act No. 5953.
An uninterrupted 24 hours of rest within a seven-day period is a mandatory right conferred on the employee by statute. We assess, from a practical standpoint, the conditions of the pay claim that arises where that right is not granted at all or only in part, the technique of calculation, the rules of proof and the route to court.
As a rule the Code does not permit the share of an heir with a reserved portion to be touched; disinheritance is one of its few exceptions. We examine the conditions for punitive and protective disinheritance, how each is effected and the consequences it produces.
When an insolvent heir renounces the estate, the step sometimes becomes a means of escaping enforcement by his creditors. We examine the conditions of the action for annulment of the renunciation under Art. 617 of the Turkish Civil Code, the six-month preclusive period, the parties to it and the consequences for liquidation.
Registration does not secure the right in a trade mark permanently. Marks that are not used, that become generic or that come to mislead consumers may be revoked. We examine the grounds for revocation, the authority to which the request is made and the consequences of the decision.
Whether a sign turns into commercial value depends on choosing it well and registering it properly. We address the concept of a trademark, guarantee and collective marks, the powers conferred by registration and the stages of the application process.
Registering a sign as a trademark gives its proprietor an absolute right that may be asserted against everyone. We address the registration process, the term of protection and its renewal, the powers conferred on the proprietor, the grounds on which protection ends, and the civil and criminal mechanisms available in cases of infringement.
Not every word or figure can be entered in the register as a trademark. The Industrial Property Act separates the cases in which the Office refuses an application of its own motion from those in which refusal is possible only upon opposition. We address the scope and practical consequences of the two regimes.
Severance pay depends not only on the period worked but also on the reason for which the employment contract came to an end. We address the cases in which the right arises, the calculation on the wage including fringe benefits, the interest and limitation regime, and the litigation process.
Leave not granted during employment turns into a monetary claim when the contract ends. We examine when the claim arises, how it is calculated on the final gross wage, and the burden of proof that rests on the employer.
Underperformance is a valid reason for termination, not a just cause. We set out the objective criteria, the written warning, the employee’s defence and the last-resort principle the courts require, and the reinstatement process that follows.
Working periods that do not appear in the SGK records, or appear as less than they were, can become part of an official insurance history only by a court decision. We examine, from a practitioner’s perspective, the grounds for bringing a service determination action, the conditions required, the five-year preclusive period and the conduct of the proceedings.
Moving the obligation to perform work outside the workplace does not extinguish rights to wages and overtime, but it does make them harder to prove. We examine the rights and obligations of the parties under remote and hybrid working models, the limits of monitoring and overtime disputes.
Disinheriting an heir by testamentary disposition does not exclude that heir’s children from the estate. We examine the effect of a disinheritance on the descendants, the distinction between punitive and protective disinheritance, and the allocation of the burden of proof.
The right in a work arises at the moment of creation, independently of registration, and may be asserted against everyone. We examine the scope of moral and economic rights, how economic rights are transferred by assignment, licence and permission, and when the transfer relationship comes to an end.
Transfers recorded in the land registry as sales but in truth intended as gifts strike directly at the heirs’ inheritance rights. We examine the elements of simulation by the deceased, the routes of proof, the constitution of the parties and the consequences of the proceedings from a practitioner’s perspective.
A share in an estate may be disposed of before the division is complete, but the validity of the transfer turns on formal rules that vary with the identity of the transferee. We examine the conditions of the transfer contract, the balance of liability for the debts of the estate and the principles governing attachment of the share.
While still alive, the deceased may agree with an heir to extinguish the inheritance rights that would otherwise arise in the future. We examine the types of waiver contract laid down in Art. 528 of the Turkish Civil Code No. 4721, the mandatory official form, the effect on the descendants and the grounds for annulment.
From the determination of the estate to transfer procedures, and from disputes over wills to the dissolution of co-ownership, the succession process demands a technical discipline of litigation and procedure. We examine the functions undertaken by a succession lawyer, the types of action most frequently encountered in practice, and the critical points of process management.
Who receives the assets a person leaves behind, and in what proportions, follows an order drawn by statute. We examine the system of classes of heirs, the position of the surviving spouse, the rates of the reserved portion and the process of division from a practical standpoint.
Where a faulty intervention occurs in a private hospital, liability attaches not only to the physician but frequently to the institution as well. We examine the distinction between contractual liability, tort, agency without authority and the strict liability of a person who employs another, together with the avenues of action and the applicable time limits.
Where a faulty intervention occurs in a state hospital, the party answerable is not the physician but the administration. We examine the principles of service fault and strict liability, the mandatory administrative application, the applicable time limits and the conduct of the full remedy action from a practical perspective.
A faulty medical application does not give rise only to a risk of damages; where death or injury by negligence is in issue, the physician also faces criminal proceedings. In this note we examine the criminal law dimension of malpractice, its distinction from complication, and the investigation and prosecution stages.
What passes to the heirs on death is not only property but also the obligations attached to the estate. We examine, within the framework of the Turkish Civil Code, which debts an heir may be held liable for, with which assets, and for how long.
That an inheritance passes automatically on death does not mean that the land registry and bank records change at the same moment. We address the order of the devolution formalities, the inheritance and transfer tax return, the basis of calculation and the differences in files containing a foreign element.
Executed with the participation of a public officer and two witnesses, the official will carries the greatest evidential weight among dispositions upon death. We examine its conditions as to form, the prohibitions on acting as a witness, the notarial procedure and the prospects of annulment from a practical perspective.
Delivering a will that comes to light upon death to the court, opening it, entering it in the record and notifying those entitled is a mandatory judicial stage. We examine how this process operates, the time it takes and the legal consequences it produces.
The testator’s final intention does not take effect of its own accord once the will has been read out. We examine, from a practical standpoint, the conditions, parties, time limits and consequences of the enforcement action available where the obligation under a legacy is not performed.
No dealing with an estate is possible without the certificate of inheritance that establishes the status of heir. We examine how the document is obtained from a notary and from the Civil Court of Peace, who may apply for it, and the avenues for annulment.
Because aesthetic procedures are treated in law as a contract for work, the surgeon’s liability is founded on an undertaking as to the result. In this briefing note we examine the legal basis of that liability, the rules of proof, the limitation periods and the actions that may be brought.
Not every disposition upon death survives in law. We address the defects for which a will may be annulled, who may bring the action, the preclusive periods, and the effect of a judgment of annulment on the estate.
A player who brings his contract to an end within the protected period without just cause faces both compensation and a ban from matches. We examine the compensation dimension of unjust termination, the conditions for a sporting sanction and the liability of the new club.
A footballer who has declared, in order to be able to leave his club, that he waives his accrued entitlements may claim those sums again if the document he signed does not meet the formal requirements. We examine the validity conditions of the release deed and the routes to recovery from a practitioner’s perspective.
Where medical malpractice occurs in hospitals attached to state or foundation universities, liability is directed at the administration rather than the physician. We examine the procedure of the full remedy action, the mandatory administrative application, the time limits and the heads of damages that may be claimed.
Doping impairs the equality of sporting competition and puts the health of athletes at risk. We examine the web of rules running from the international codes to the Turkish Anti-Doping Directive, the conduct treated as a rule violation, and the persons falling within the scope of control.
Agreements aimed at influencing the result of a match set in motion not only disciplinary law but criminal law. We address, from a practical standpoint, the imprisonment, judicial fine, administrative sanctions and trial regime prescribed under Act No. 6222.
Agreements aimed at influencing the result of a match are regulated as a free-standing offence under Act No. 6222. We examine the difference between match-fixing and the incentive bonus, who may be a perpetrator, and the moment at which the offence is complete.
Commercial Law
Board membership is surrounded by a web of obligations arising from statute and from the articles of association. We examine the compensatory liability that arises where those obligations are breached with fault, the secondary liability for public debts, the effect of delegating powers, and the circumstances that bring liability to an end.
A cheque that has been stolen, lost or rendered illegible leaves its holder unable to exercise the right arising from the instrument. In this briefing note we address the action for annulment available where the instrument is lost, the institution of the prohibition on payment, who may bring the action, and the consequences of the annulment decision.
The will of a joint stock company is formed and expressed outwardly through its board of directors. We address the qualifications required for board membership, the non-transferable powers, the rights and obligations of members, the conduct of meetings, the limits of the power of representation and the procedure for delegation to delegated directors.
The articles of association are the founding text of a joint stock company, and their amendment has not been left to an ordinary general assembly resolution. We address who holds the power to amend, the rights that limit that power, the procedure for calling the meeting and the quorums required for a resolution.
Whether a document may be treated as commercial paper depends on its carrying, without omission, the formal conditions required by the Turkish Commercial Code No. 6102. We address the elements that must always appear on a promissory note, the alternative elements whose absence may be made good by other entries, and the optional clauses.
In continuing commercial relationships, collecting every receivable separately makes the transaction burden heavier. The current account agreement is a solution that removes that burden; we address the parties to the agreement, its form, the receivables that may be entered into the account, the stages of its operation and the limitation period.
Where there are no sufficient funds in the account at the moment a cheque is presented to the bank, a process begins that has both a collection and a criminal dimension for the holder. In this note we address the periods for presentment, how the “insufficient funds” endorsement is carried out and the obligations of the bank.
For bearer shares, once the share prices have been paid in full the certificates must be printed and notified to the Central Registry Agency. We examine the conditions of this regime introduced by Act No. 7262, the procedure to be followed and the administrative fines provided for.
In commercial transactions the interest rate may be freely agreed by the parties; that freedom is not, however, unlimited. We examine the cases in which no rate has been set, the moment from which default interest begins to run, and the exceptions permitting compound interest.
A commercial enterprise may change hands as a whole, without its asset items being transferred one by one. We examine the scope of the transfer, the written form and registration requirements, liability for debts and the effect on employment relationships.
Where a dwelling bought off-plan or while still under construction does not carry the qualities promised in the agreement, the consumer acquires four separate elective rights and, alongside them, the possibility of a distinct claim for damages. We examine the content of those rights and the conditions for exercising them from a practical standpoint.
In instalment purchases, the originals of the promissory notes issued are often not returned to the consumer even though their value has been paid. We address the characteristics a consumer promissory note must bear, the defences afforded by its registered form and the workings of the negative declaratory action.
Charge items collected when a loan is extended that are not genuinely necessary count as unfair terms. We address the sequence of applications to be followed in recovering these sums, the limitation period, the division of jurisdiction between the arbitration committee and the court, and litigation costs.
Property that is not delivered on the date undertaken causes the purchaser a loss of rent that continues month after month. We examine the conditions on which the contractor falls into default, the legal basis of delay compensation and the course of the proceedings.
Where the dwelling purchased fails to meet the qualities promised, the contractor is liable both in respect of the purchaser’s elective rights and in damages. We examine the types of defect, the burden of inspection and notification, the limitation periods and the court with jurisdiction.
In a substantial part of the disputes heard by the consumer courts, an action may be brought only once the mediation process has been exhausted. We examine the scope of that requirement, its exceptions, the steps of the process and the legal value of the minutes from a practical perspective.
The right of renunciation lapses if it is not exercised within the three-month preclusive period laid down by statute. We examine when that period begins to run, the starting points that differ according to the group of heirs, and the possibility of an extension.
Whether an item of expenditure belongs to the tenant or to the owner is determined not by the name given to it but by its nature. We address the line between ordinary operating expenses and extensive repair costs, the management’s enforcement options and the relationship of recourse.
The deposit is not income the landlord may dispose of freely, but a security given for a limited purpose. We examine the conditions in which the deposit must be returned once the lease relationship ends, the items that may be set off against it, and the legal avenues available where it is not returned.
The incorporation of a joint stock company is a chain of successive transactions extending from the drafting of the articles of association to registration with the trade registry. We address the position of the founders, the capital and permission requirements, the documents to be submitted to the registry and the chamber, and the costs of incorporation.
The Constitutional Court has annulled the words for an indefinite period in Article 175 of the Turkish Civil Code No. 4721. We assess the timetable for the decision to take effect, its impact on final alimony awards and the course the parties should follow during this transitional period.
Conducting transfer negotiations in the football market is an activity that depends on a licence. We examine the qualifications required of candidate agents, the contents of the application file, the working of the Evaluation Commission, and the registration and annual endorsement regime of the licence.
A divorce judgment does not only change the personal status of the spouses; it also produces consequences for their assets under the heads of damages, maintenance and liquidation of the matrimonial property regime. We examine the conditions for these three heads and how they operate in practice.
Poverty alimony awarded under Article 175 of the Turkish Civil Code No. 4721 is not subject to any time limit. We assess the historical development of that rule, the debates it has generated and the time-limited alimony models found in common law, European, Islamic and Asian legal systems.
Serious attacks on a spouse’s honour and dignity constitute an absolute ground for divorce under Article 162 of the Turkish Civil Code. We examine the conditions of this ground of action, the preclusive periods, the means of proof and the consequences for damages and custody.
Although alcohol dependency is not listed in the Code as a separate ground for divorce, it is assessed under Turkish Civil Code No. 4721, Art. 166 where it renders the marital union intolerable. We examine the conditions of the action, its effects on fault and custody, the means of proof and the court with jurisdiction.
The custody decision is left to the judge’s discretion within the framework of the best interests of the child. We address the settled practice by age group, criteria such as living conditions and the sibling bond, the limits of joint custody, and the circumstances in which custody may be left with the father.
Fault determines not only whether the marriage will be brought to an end, but also the fate of claims for damages, alimony, custody and the division of property. We address, from a practitioner’s perspective, the conduct that gives rise to fault, how it is proved, and the consequences attached to its degrees.
Where one of the spouses commits an offence regarded as shameful in the eyes of society, this constitutes a ground for divorce not on its own, but on condition that it renders the shared life intolerable. We examine the conditions of this relative ground under Turkish Civil Code No. 4721 Art. 163, the means of proof, and the consequences it produces as regards damages, alimony and custody.
Is a social media profile part of its user’s estate, or merely a facility used to the extent the platform permits? We examine the position of accounts under property law, the distinction drawn according to purpose of use, and the debate over their passing by inheritance.
A custody order is shaped by the circumstances prevailing when it was made; when those circumstances change, custody may fall to be reconsidered. We examine the grounds for a request to vary custody, the procedure, interim measures and the effect on maintenance.
Where no acknowledgement has taken place, the parentage between a child born outside marriage and the father is established by court judgment. We examine the parties to a paternity action, the conditions required, the presumption of paternity, the means of proof, the time limits and the legal consequences it produces.
The assumption that alimony is awarded only to a spouse with no earnings at all does not hold in practice. We examine the position of a spouse with a regular income in respect of interim alimony, poverty alimony and child support, the criteria the courts apply, and the circumstances in which alimony comes to an end.
Where one spouse places the other in a financial vice, the result is a form of pressure that erodes the marital union from within. We examine the definition of economic violence, its legal basis, its manifestations in practice and the means of proving it from the perspective of a divorce action.
A comment shared on a digital platform may form the subject of an offence against honour. We examine, from a practitioner’s perspective, the elements of insult committed over the internet, the sanction provided, the complaint period and the legal remedies open to the victim.
Where one of the spouses dies, the surviving spouse’s housing arrangements may be placed at risk by the heirs’ claims over the dwelling. We examine the conditions, the time limits and the practice of the courts governing a request under Turkish Civil Code No. 4721 Art. 240 for the family residence to be allocated set off against the participation claim.
By means of a matrimonial property agreement executed before a notary, spouses may determine in advance how their assets will be managed and how they will be divided in the event of a divorce or a death. We examine the regimes provided for in the Code, the liquidation process and the questions most often raised in practice.
The Constitutional Court’s decision annulling Article 187 of the Turkish Civil Code took effect on 28.01.2024, ending the obligation of a woman who marries to take her husband’s surname. We examine the new position, the practice of the civil registry offices and the judicial route.
Maintenance orders that exceed the capacity to pay can come to threaten the paying party’s economic existence rather than secure a balance. In light of the Constitutional Court’s individual application case law, we assess the legal character of disproportionate maintenance, the criteria governing the amount, and the avenues available.
Adultery is a special ground of action that the Turkish Civil Code counts among the absolute grounds for divorce and that, once proved, calls for no further justification. We examine the conditions of the action, the preclusive period, the rules of proof and its effects on damages and the matrimonial property regime from a practical standpoint.
An intentional attempt by one spouse upon the life of the other is regulated in the Turkish Civil Code as an absolute ground for divorce. We examine the conditions of the action, the preclusive periods, the means of proof, and its effect on damages, custody and the matrimonial property regime.
In an uncontested divorce, the protocol submitted to the court is the document evidencing the parties’ agreement on custody, alimony, damages and the division of property. We address the elements the protocol must contain, together with a specimen text set out article by article.
Economic interests injured by a divorce and personality rights that have been infringed are protected as separate heads of damages under the Turkish Civil Code. We address the conditions for pecuniary and non-pecuniary damages, the criteria for determining the amount, the limitation period and the practice in an uncontested divorce.
The contact rights of the parent not granted custody, and of third persons close to the child, are shaped by the criterion of the child’s best interests. We examine the conditions for an action for the establishment of personal contact, the forms contact may take, the limits of the right and the enforcement of handover judgments from a practical perspective.
Where maintenance awarded by a court goes unpaid, the creditor has effective means at his or her disposal, including attachment and coercive imprisonment. We examine the enforcement routes that vary according to the type of maintenance, the assets that may be attached, the competent enforcement office and the application of Art. 344 of the Enforcement and Bankruptcy Act No. 2004.
The general ground for divorce known as irreconcilable differences rests on common life having become unsustainable. We address the statutory elements of the action, the role of the balance of fault, the means of proof, the interim measures available during the proceedings and the consequences of divorce.
Where a marriage carries a foreign element, the applicable law and the court with jurisdiction are determined by connecting rules rather than by domestic law alone. We examine the cascading rule, service on a spouse abroad, the consequences for custody, maintenance and property, and the fate of residence and work permits.
We examine, within the framework of Act No. 5651, the measures of blocking of access and removal of content available against unlawful publications on the internet: the judicial and administrative authorities empowered to give the decision, the conditions required, the methods of implementation and the objection procedure.
We address, from a practical perspective, the legal basis of the temporary alimony awarded for the subsistence of the spouses and the care of the children while divorce or separation proceedings are pending, the persons who may claim it, the criteria for fixing the amount and the grounds on which it ends.
Uncontested divorce is the shortest route to ending a marital union; the court, however, separately reviews the will of the parties and the content of the protocol. We address the process in all its aspects, from the one-year requirement to the mandatory content of the protocol, and from custody and alimony arrangements to the court with jurisdiction.
The failure of a spouse who has left the common residence to return does not on its own bring about a divorce. We address the six-month period under Art. 164 of the Turkish Civil Code No. 4721, the conditions of validity of the notice to return home, the qualities required of the residence to which the spouse is invited, and the burden of proof.
In an uncontested divorce, the protocol setting down in writing the matters agreed by the spouses becomes, upon the judge’s approval, an inseparable part of the judgment. We address the legal nature of the protocol, its requirements of form and its mandatory and optional elements from a practitioner’s perspective.
Unless the spouses make a different choice before a notary, the assets acquired during the marriage are divided under the rules of the statutory regime. In this note we address the distinction between acquired and personal property, the grounds on which the regime ends, the calculation of the participation claim from the residual value, and the limitation regime.
Identifying the values that will enter the division once a marriage ends rests on the distinction between acquired and personal property. We address how the participation claim is calculated, when the action may be brought, the ten-year period, and the measures available where assets are alleged to have been concealed.
Maintenance once awarded may cease to meet the recipient’s needs as economic conditions change. We examine the legal basis of a claim for the increase of maintenance, the conditions required, who may raise it, how the rate of increase for future years is determined, and the procedure that applies.
Maintenance is a financial obligation directed at remedying the economic imbalance that emerges after a divorce or separation. We examine the conditions and duration of the four types of maintenance, the criteria by which the amount is determined and the remedies available where it goes unpaid.
A marriage contracted without the conditions required by statute is brought to an end not by divorce but by an action for annulment. We address the grounds of absolute and relative nullity, the capacity to bring the action, the preclusive periods and the consequences of an annulment decision for the spouses and the children.
In what cases, and by which authority, may an unlawful post be removed from publication? We examine, within the framework of Act No. 5651, the conditions, time limits and avenues of application for decisions ordering the removal of content and the blocking of access.
Maintenance awarded upon divorce is an obligation directed at preserving the economic balance between the parties, but it is not inviolable. We examine the cases in which maintenance lapses automatically, the situations in which its removal may be sought from the court and the limits drawn by the practice of the Court of Cassation.
Where the spouses have been unable to come together for one year following the dismissal of an action for divorce, the statute deems the marriage union to have broken down irretrievably. In this briefing note we address the conditions of that ground for divorce, the calculation of the period and the burden of proof.
A benefit conferred gratuitously is not permanent in every circumstance. We address, from a practical perspective, the grounds that allow a gift to be revoked, the issues particular to gifts subject to a charge, the one-year preclusive period and the cases in which the heirs may exercise this power.
A person who gains value from another’s assets or labour without a justified legal basis is bound to restore what he obtained. We examine the elements of unjust enrichment, the conditions of the action, the scope of the duty of restitution, the subsidiary character of the action and the limitation regime from a practical perspective.
The use of immovable property contrary to the will of the person entitled to it calls for compensation of its use value. We examine in detail the conditions on which an ecrimisil claim rests, the standing of the parties, how the amount is determined, the five-year limitation period and the course of the proceedings.
The management plan, which frames communal life in apartment buildings and housing estates, is a contract tied to the land registry and binding on every unit owner. We examine its legal nature, how it is drawn up, the majority required to amend it, and the conditions for an action for annulment.
Degrading expressions directed from social media accounts opened under a concealed identity may constitute the offence of insult under the Turkish Penal Code. We examine the complaint route open to the person targeted by such posts, the problems of proof and the protection remedies available.
A vessel whose owner cannot be ascertained from the registry records, or whose ownership has been duly abandoned, is treated as ownerless. We examine who may acquire ownership of such a vessel, and by what transaction, through the distinction between registered and unregistered vessels.
Expropriation disputes are usually fought over compensation, yet the act itself is equally open to review by the administrative courts. We examine the grounds of an action for annulment, the defects that render the act invalid, the 30-day time limit and the stay of execution.
A mortgage is a limited right in rem that entitles a creditor unable to recover its claim to have the immovable sold through enforcement proceedings. In this briefing note we address the conditions for creating a mortgage, the principles of accessoriness and specificity, the fixed rank system, statutory mortgages and the process of realisation.
The passing of the due date is often not enough on its own to place a debtor in default. We address the conditions under which default arises, the differences between compensation for delay and default interest, and the alternative rights granted to the creditor in contracts creating reciprocal obligations.
The legal winding up of an unfinished construction does not end when the contract is brought to an end; the real argument turns on who is left holding the title deeds and how the loss is to be shared. We examine the grounds for termination, the distinction between retroactive and prospective effect, the fate of advance title deeds and the practice of the courts.
Logging into another person’s social media account without their consent constitutes a distinct offence under Article 243 of the Turkish Penal Code. We address the elements of the offence, its aggravated forms, its application between spouses and the applicable trial procedure.
In a time charter the commercial management of the vessel passes to the charterer while technical management remains with the shipowner. We examine, from a practical perspective, the obligations this division imposes on the parties, the charter hire, the sharing of expenses, the redelivery obligation and the limitation period.
Penalty clause provisions inserted into lease agreements produce no effect as a rule, even where the parties have signed them. We examine the stipulations regarded as invalid under Article 346 of the Turkish Code of Obligations, how they differ from default interest, and the practical consequences of invalidity.
Not every attachment is lawful. We examine the grounds, the time limits and the procedure governing an application to the enforcement court where exemption from attachment, excessive attachment, defective service or the attachment of a third party’s property is in issue.
Where a transformation decision has been taken by a majority of land shares, the share of an owner who does not join it may be disposed of by public auction once the stages laid down in the Act have been completed. We examine the process from notification to valuation, and from the auction to registration in the name of the Treasury, together with the legal remedies available to owners.
Where a property carries a structure suitable for the creation of independent units, co-ownership may be brought to an end by establishing condominium ownership rather than by public auction. We examine the conditions required for this method, the stages of technical preparation, the conduct of the proceedings and the consequences it produces.
Where a contract has been signed in circumstances that do not reflect a party’s true intention, its binding force becomes open to question. We examine how mistake, fraud and duress affect the contract and the period within which the party whose consent has been vitiated must act.
The disposal by public auction of the land share of an owner who did not join the decision is not an irreversible measure. We address, from a practical standpoint, the grounds, the time limit and the consequences of an action for annulment founded on defects at the majority, notification, price and auction stages.
In 2B immovables, which have been removed from the forest regime while ownership remains with the Treasury, the status of user is distinct from that of owner. We examine, from a practical perspective, the informal transfer of entitlement, its passage to the heirs on death and the effect of these transactions on the process of conversion to a title deed.
Transfers of immovable property that rest on no true intention create a deep disconnection between the entry appearing in the registry and the legal reality. We address the bases of the action for annulment and registration in title deed transactions founded on forgery, its parties, the regime of time limits and the problem of proof.
As a rule, the consent of the spouse is not sought when a pledge is created over an immovable; where the property is the family residence, however, the picture changes entirely. We examine the invalidity of a mortgage created without the express consent of the non-owner spouse, the action for its removal, and the practice of the Court of Cassation.
The vacating of the leased property by the tenant may rest only on the grounds enumerated in the statute. We address why eviction clauses added to the agreement mostly produce no effect, the mandatory character of Art. 354 of the Turkish Code of Obligations No. 6098 and its consequences in the proceedings.
The debtor’s objection to a payment order halts enforcement proceedings brought without a judgment. We examine the conditions of the action for annulment of the objection, the regime of proof, the consequences in damages, the rules on jurisdiction and the available remedies.
Public auctions held by way of compulsory enforcement are bound by strict rules of form. We examine, from a practical standpoint, the route available where those rules are breached: the grounds for setting aside, who may apply, the seven-day period, and the regime of fees and security.
Expropriation is one of the gravest interferences directed at the right of property and is bound by strict rules of procedure. We examine the constitutional foundations of the institution, its conditions of validity, the stages of the process, the method by which the price is determined and the legal remedies open to owners.
The construction servitude is the institution that makes a flat in an unfinished building legally saleable; that right, however, confers no full ownership and does not turn into condominium ownership until an occupancy permit has been obtained. We examine the conditions for its establishment, the powers and obligations of the holders of the right, the transition process and the differences between the two regimes.
We examine the possibilities of restitution and compensation where areas surrendered to a municipality without consideration during zoning implementation are not used in a public service or where their purpose changes through an amendment to the plan; together with the limits of the rule in Art. 35 of the Expropriation Act and the actions that may be brought.
A contractual pledge over a ship entered in the register may be created only in the form of a ship mortgage. We examine the conditions for its creation, the claims it secures, its scope, the relationships of rank and the rights of the mortgagee before and after the claim falls due.
The contract signed during a transformation process draws from the outset the framework of the right an owner will obtain in the new building. Where it carries a serious imbalance in the contractor’s favour, the provisions on unfair terms and unfair exploitation come into play; we examine the conditions for an action for annulment, its time limits and the conduct of the proceedings.
A tenant leaving business premises before the term of the agreement expires does not thereby bring the rental obligation to an end at the same moment. We address how the reasonable period is determined, which items the tenant is liable for, the deductions to be applied and the route to release from liability.
The flag a vessel flies determines the law to which it is subject. We examine the conditions under which the right to fly the Turkish flag arises for vessels owned by natural and legal persons, how it is exercised and when it is lost.
Where the land shares allocated to independent units do not correspond to their true values, the ratios entered on the land registry may be corrected through the courts. We examine the conditions of the action, its parties, the regime of time limits and the importance of preserving evidence during urban transformation.
From a cupboard placed in the corridor to a room added in the roof space, a great many practices infringe the right of co-ownership in shares over the common areas. We examine the extent of the common area, which uses are regarded as unlawful, and how the action for prevention of interference operates.
A single spelling or identity error in the register can lock every transaction affecting the property. We examine which inaccuracies the land registry directorate may remedy itself, which require a court decision, and how the correction action proceeds.
Where the administration takes possession of a property without operating the expropriation procedure, the owner is left with claims for damages, for compensation for unjust occupation and for the prevention of interference. We address the whole of the process in practical terms, from the distinction between physical and legal interference to the calculation of damages, and from the regime of court fees to attorney’s fees.
A donation, which involves an undertaking to confer a benefit without consideration, is subject to special rules on capacity and form because of its structure imposing obligations on one party alone. We examine the elements of the contract, its types and the liability of the donor.
The lightness of the conditions sought for registration and the tax conveniences on offer draw vessel and yacht owners towards foreign registries. We examine the risks harboured by flag of convenience States, the third-country flags regarded as safe and the process of registration in a foreign registry.
Any information relating to an identified or identifiable natural person counts as personal data. Storing such data without permission through information systems, transferring it to third parties or obtaining it is among the acts punishable under the Turkish Penal Code.
A debtor who resorts to fraud in order to place his assets beyond the reach of enforcement faces not only private-law sanctions but criminal liability as well. We examine the elements of the offence under Art. 331 of the Enforcement and Bankruptcy Act No. 2004, its sanction, the complaint procedure and the complementary avenues open to the creditor.
Where the administration renders property unusable through plan decisions alone, without physically entering the land, this is characterised as legal interference. We address the limits of the concept, the conditions for a claim for damages and the procedure to be followed, from a practitioner’s perspective.
A lease agreement is formed by the agreement of the parties; yet most disputes arise not from its formation but from a poorly drafted text. We examine the validity conditions, the limits of freedom of form, the elements the agreement must contain and the checks to be carried out before signature.
Where enforcement acts such as attachment, sale or service of process are carried out unlawfully, the principal avenue of review open to the persons concerned is the complaint. We examine its grounds, its time limits, its parties and the decisions the Enforcement Court may give.
Which person owns a building, facility or planting subsequently created on immovable property often becomes contentious at the stage of dissolving co-ownership. We examine the conditions of the action for the determination of ownership, its parties, the regime of proof and its effect on the sale proceeds.
Attachment alone does not collect a claim; the real outcome arises when the property is sold at public auction. We address, from a practical standpoint, the time limits for requesting a sale, valuation, the auction conducted through e-Satış, annulment of the auction and distribution of the sale price.
In urban transformation the validity of a decision turns not on how many owners have signed but on the land share ratio those signatures represent. We examine the start of the decision-making process, the requirement of a written expression of will, the calculation of the absolute majority and the position of owners who do not join the decision.
Ships are treated in law as movable property whether or not they are entered in the register; the transfer of ownership, acquisitive prescription and the extinction of ownership are nonetheless subject to rules of their own. We examine the modes of acquiring ownership of a ship and how those changes are reflected in the register.
The declaration of a district as a risky area by a decision of the President changes the legal position of the property owners there fundamentally. We examine the stages that follow the declaration — planning, valuation, decision-making, eviction and demolition — from the perspective of the owners’ rights.
How is a property with no entry in the register transferred, what are the consequences of an informal sale, by what means is possession protected, and on what conditions may ownership be acquired through acquisitive prescription? We examine these questions together with the disputes seen in practice.
Not every document signed on leaving employment extinguishes the employee’s claims. We examine the conditions of validity of a release document under Art. 420 of the Turkish Code of Obligations, the situations in which it is held void, and its effect on the right to bring an action.
The management plan binds the unit owners, yet it remains open to judicial review to the extent that it carries provisions contrary to law. We examine, from a practitioner’s perspective, the conditions required for the annulment of such arrangements, against whom standing is to be asserted, the regime of time limits, and the consequences the decision produces.
We address the elements and the parties of the contract of affreightment, which sets out the legal framework for the carriage of goods by sea, the distinction between the voyage charter and the general cargo contract, and the stages of performance of the contract, in the light of the provisions of the Turkish Commercial Code No. 6102.
In cybercrime cases the starting point of the investigation is very often an IP record. We examine the distinction between dynamic and static addresses, the uncertainties this data carries and the practice of the Court of Cassation.
Assembly decisions taken in apartment buildings and housing estates are binding; decisions contrary to procedure, to the Act or to the management plan may nonetheless be reviewed before the courts. We examine the grounds of annulment, the capacity to bring an action, the preclusive periods and the procedure, with an eye to practice.
In the management of apartment buildings and housing estates, binding decisions are born in the assembly of condominium owners; yet a single shortcoming in the notice procedure can render those decisions invalid. We examine how the assembly convenes, the quorums, the limits of representation by proxy and the enforcement of decisions.
We consider, from a practical perspective, the conditions under which overtime pay arising once 45 hours per week are exceeded may be claimed, how it is calculated, by what evidence it is proved and how the litigation process unfolds.
Where a tenant who persistently pays the rent late has been served two justified notices within the same lease year, the landlord may bring an eviction action within a one-month preclusive period. We examine the conditions, the valid notice methods, the calculation of the periods and the burden of proof from a practitioner’s perspective.
Extraordinary developments arising after a contract is concluded may severely upset the balance of a lease relationship. In this briefing note we examine the conditions of an adaptation claim under Art. 138 of the Turkish Code of Obligations, the criteria the court will review, and the procedural regime.
A person whose immovable property has been physically encroached upon may apply to the provincial or district governorship for the interference to be removed, without waiting for court proceedings. We examine the conditions for the application of Act No. 3091, the application process, the decisions given and the actions that may be brought against them.
Where the entry appearing in the register is devoid of a legal foundation, ownership is not validly acquired. We examine the conditions, parties and regime of proof of the action for annulment of title deed and registration founded on wrongful registration, together with the problem of the good-faith third party.
Both payments are calculated on the gross wage including fringe benefits, yet they part company on the ceiling and on tax deductions. We explain the 2026 ceiling figure, the notice periods and the items that bear on the calculation.
Crypto assets stand on contested legal ground because they fall fully within no state’s sphere of sovereignty. We examine how the technology works, regulatory approaches around the world and the framework in Turkish law.
Where a construction company fails to transfer the title deed even though the price has been paid in full, the entitled party is driven to the courts. In this briefing note we examine the basis of an action for the annulment of the title deed and registration against a developer, the debate over validity, the court with subject-matter jurisdiction and the applicable time limits.
The failure to complete the new building on the agreed date does not in every case give rise to the contractor’s liability in damages. We examine the conditions under which delay damages may be claimed, the cases in which such a claim will go unanswered, and the calculation and litigation framework from the standpoint of practice.
When the contract comes to an end, the transfer of the land share to the contractor loses its legal ground and the entry in the registry becomes unlawful. We examine the conditions, parties, time limits and outcomes of the action for annulment of title deed and registration brought to recover those shares after termination.
Although the Turkish Civil Code does not count substance addiction as a separate ground for divorce, the damage the addiction causes to the family order may be assessed within the scope of the irretrievable breakdown of the marital union. We examine the proof of addiction, its effect on custody, and the court with jurisdiction.
In proceedings commenced on an undocumented assertion of a claim, the most effective tool in the debtor’s hands is an objection lodged within the period. In this briefing note we examine, from a practical standpoint, the types of objection, the period, the form and the staying effect an objection has on the proceedings.
Associate professorship applications rejected or cancelled by the Interuniversity Board constitute final and enforceable administrative acts. We examine the stages of the process, the grounds for rejection, the objection route and the action for annulment from a practical standpoint.
Where a tenant uses the property in breach of the lease agreement, or behaves in a way that destroys the peace of the building, the landlord may terminate and seek eviction. We examine the notice requirement, the conduct treated as a breach, the means of proof and the enforcement of the eviction judgment under Art. 316 of the Turkish Code of Obligations No. 6098.
Letting business premises “by transfer” usually means passing the lease relationship on to a third party, and it depends on the landlord’s written consent. We examine the conditions of the transfer, the route to follow where consent is withheld without justification, the liability of the transferring tenant and the difference from a sublease.
A tenant’s written undertaking to vacate the leased property on a specified date affords the landlord a special means of bringing the lease to an end. To use it, the undertaking must satisfy the conditions of validity and the one-month preclusive period must not be missed.
We examine the scope of the Blue Card status granted to persons who leave Turkish citizenship with permission, who may benefit from the document, the rights it confers and the judicial remedy available where an application for permission to renounce is rejected.
A tenant handing over its position under the contract to another person is a change of party conditional on the written consent of the landlord. We examine the conditions of assignment, the difference in regime between residential leases and leases of business premises, the consequences of assignment without consent, and the continuing liability of the assigning tenant.
Where credit is taken out at the seller’s direction, the bank is not an independent party standing outside the sale. We examine the rights of withdrawal, early settlement, withholding of payment and compensation afforded to the consumer in a linked credit relationship, together with their consequences in practice.
The appeal on points of law allows the lawfulness of decisions of the regional administrative courts and of the chambers of the Council of State to be tested before the highest authority. We address, from a practical standpoint, which decisions may be taken to this remedy, the time limits for application, the stages of the review and the types of decision the Council of State may give.
An employee whose wages remain unpaid twenty days after the payment date may suspend the obligation to perform work. We examine the conditions and limits of this right, and the other possibilities it affords the employee, from a practitioner’s perspective.
Unlike a will, a contract of inheritance is a bilateral disposition upon death that also binds the testator. We address the types of the contract, the mandatory official form, the consequences it produces, the routes to termination and the regime governing its annulment, from a practical standpoint.
We examine the action for the determination of the estate, which secures the official establishment of the deceased’s assets and liabilities as at the moment of death: its scope, the inventory procedure, the court with jurisdiction, and the legal position resulting from the action.
Whether a player may take the field on behalf of a club depends on the contract being formed in conformity with the Directive and registered in time. We examine the mandatory elements of the contract, its legal nature, the registration regime and the obligations of the parties.
The return of money or property that has passed into the assets of the administration without any legal basis is secured through the action for restitution, a form of the full remedy action. We examine the conditions of the action, the courts with subject-matter and territorial jurisdiction, the requirement of prior application and the time limits for bringing it.
An objection to the payment order halts the proceedings; where the creditor holds a document within the scope of Art. 68 of the Enforcement and Bankruptcy Act, however, removal of the objection may be sought from the enforcement court. We address the conditions of this route, the regime of proof, the consequences in damages and the remedies available against the decision.
We examine the conditions under which foreign nationals who have resided in Türkiye without interruption for five years may acquire citizenship under Article 11 of the Turkish Citizenship Act, the criterion of uninterruptedness, the application procedure, and the objection and annulment routes open against a refusal decision.
Fines imposed by the administration in response to conduct classified as a misdemeanour arise and are enforced without any court decision. We examine the authority to which an objection must be made, the period within which it must be lodged, and the different time limits introduced by special statutes.
Objecting to a payment order is the debtor’s statutory right; a baseless objection, however, creates a separate financial burden added to the principal debt. We examine, from a practical standpoint, the conditions for damages for wrongful denial of debt, the liquidity criterion and the method of calculation.
Zoning plans are regulatory administrative acts that interfere with the right to property on public-interest grounds. We examine the tiering of plans, the right to object during the public display period, the capacity to bring an action, and the court and time limits that govern an action for annulment.
The return to duty of those who have resigned from the civil service, retired or been dismissed is effected through the open appointment procedure. We examine the conditions attached to such a request, the limits of the administration’s discretionary power, and how an action against a refusal decision proceeds.
An administrative detention decision taken by the governorship in respect of foreigners liable to deportation is a measure that directly restricts personal liberty. We examine the conditions for the decision, its maximum periods, rights in removal centres, alternative obligations and the procedure for objecting to the criminal judgeship of peace.
When the commercial court adjudicates bankruptcy, the debtor’s assets are gathered in a single pool and management passes to the bankruptcy administration. We examine every stage of the liquidation, from the scope of the estate and the inventory work to the filing of claims and the distribution.
Preliminary attachment is one of the most effective instruments available to a creditor facing the prospect of a debtor dissipating their assets. We examine the conditions for the measure, the security regime, enforcement of the decision, the routes of objection and the liability in damages arising from an unjustified attachment.
Where enforcement proceeds on a judgment that has not yet become final, the debtor’s only protection is the postponement of enforcement against security. We examine how the process works, from the endorsement note to the certificate of respite, the ninety-day period and the fate of existing attachments.
For those who suffer a loss of rights because of unlawfulness in the tender process, the law provides a tiered system of recourse. We examine this three-stage structure of complaint, appeal by complaint and action for annulment, its time limits, and the consequences of failing to exhaust the mandatory avenues of recourse.
Where the debtor denies the signature in proceedings founded on an ordinary written document, the enforcement proceedings are halted and the creditor’s way is opened by Art. 68/a of the Enforcement and Bankruptcy Act. We address the conditions of the action for the provisional removal of the objection, the expert stage, the regime of judicial fines and compensation, and the action for release from the debt.
When a parcelling operation is carried out, a share is set aside from immovables in private ownership in order to create public areas. We examine the legal basis of the land readjustment share, its maximum rate and the action for annulment available where it is not applied equally.
The humanitarian residence permit is an exceptional status accorded without the conditions required for the other permit types. We address the cases in which it may be granted, its duration, the conditions for cancellation and non-extension, and the action for annulment to be brought before the administrative judiciary against a refusal.
A promise to sell drawn up before a notary does not take the place of the transfer of title; it gives the buyer only the right to demand that transfer. We examine the formal requirements of the contract, the protection afforded by the land registry annotation, the obligations of the parties, the limitation period and the actions that may be brought.
Physical contact is not required for the offence of sexual harassment to arise; conduct of a sexual purpose carried out through messaging applications and social media also constitutes the offence. We examine the elements of the offence, the aggravated form attached to its commission by electronic communication means, and the course of the proceedings.
Where the leased property must be demolished and rebuilt or substantially repaired, the lease agreement may be brought to an end provided that the property cannot be used for the duration of the works. We examine the limits of this ground of eviction, the means of proof, the time limits and the obligations arising after eviction.
Usufruct, which confers the powers of use and enjoyment on one person while the bare ownership remains with another, is an instrument frequently used in transfers within the family and in estate planning. We address how the right is created, its scope, the obligations it imposes on the parties and the grounds on which it comes to an end.
We examine, in practical terms and within the framework of Art. 2 of the Labour Act, whether an employee working for a sub-employer may direct unpaid claims, occupational accident compensation and a reinstatement request against the principal employer.
A debtor who transfers assets to third parties in order to frustrate enforcement effectively deprives the creditor of compulsory enforcement. We examine the preconditions of the action for annulment of a disposition, the grounds of annulment under Arts. 278-280 of the Enforcement and Bankruptcy Act, the preclusive periods and the consequences of the judgment.
There is no single common procedure for objecting to marks awarded at higher education institutions. We examine the action to annul a mark, which arises where the internal objection routes have been exhausted without result, together with the role of the expert examination, the stay of execution and the applicable time limits.
Renunciation of Turkish citizenship is a case of loss that depends on a decision of the competent authority. We examine the difference between the permit of renunciation and the certificate of renunciation, the conditions required, the two-year period of validity, and the consequences of departure for the spouse and children.
Spouses serving in separate cities is a result that directly damages the unity of the family. We address the route of annulment open where the administration refuses a civil servant’s transfer request based on spousal grounds, together with the conditions required and the applicable time limits.
Where the contract of an employee within the scope of job security is brought to an end without a valid reason being shown, the route to be taken is a finding that the termination was invalid together with a request to return to work. We examine, from a practical perspective, the conditions of the process, the periods whose loss extinguishes the entitlement, how the proceedings work and the financial consequences that arise.
Patient rights guarantee that a person receiving health services is treated in a manner consistent with human dignity and has a say in the process. In this note we examine the rights conferred by the Patient Rights Regulation and the application mechanisms to be set in motion in the event of an infringement.
Where an employment contract of indefinite duration is ended without observing the statutory notice periods, the terminating party owes the other party the wage corresponding to that period. We examine the conditions, the calculation, the exceptions and the court process.
The unauthorised use of a registered trademark is not merely a commercial nuisance but an infringement to which the law attaches sanctions. We examine the proprietor’s claims for a declaration, prevention, cessation, removal and damages, together with their criminal dimension.
Financial penalties imposed by clubs on players acquire validity only where they rest on a registered internal regulation or a contractual provision and the prescribed notification procedure has been followed. We address the formal and substantive review of the penalty, the routes to annulment and the limitation period.
Whether a faulty medical intervention gives rise to liability in damages turns on whether the relationship between the parties rests on contract or on tort. In this briefing note we examine the distinction between malpractice and complication, the types of liability, the limitation periods and the court with subject-matter jurisdiction.
A gift presented in the land registry as a sale is most often devised to erode the heirs’ shares. We address the elements of simulation by the deceased, the transactions that fall outside it, the burden of proof, the regime of time limits and its relationship with abatement from a practitioner’s perspective.
The Regulations allow a club to bring a player contract to an end without sanction where certain situations are present. The grounds giving the club a right of just termination, the player obligations whose breach triggers it, and the warning regime to be observed on termination are the subject of this note.
The contract between a club and a player may be brought to an end on the occurrence of agreed special conditions, by mutual agreement, or by unilateral declaration. We address the routes of termination, the grounds on which each party may rely, and the mandatory notification procedure.
Containing an undertaking of lifelong care in return for the transfer of assets, this contract is subject to the form of a contract of inheritance, and its breach brings with it disputes over abatement and simulation. We examine how the contract is concluded, who its parties are, how it comes to an end, and the legal remedies open to the heirs.
A cheque that is not presented to the drawee within its period loses its character as a negotiable instrument, and the creditor forfeits the enforcement procedure specific to negotiable instruments. From presentment periods to protest and the statute of limitations, and from the effect of force majeure to the way public holidays enter the calculation, we address the periods applicable to cheques together.
Foreign nationals may acquire the status of heir in Türkiye, but the acquisition of immovable property is subject to statutory limits. We assess the applicable law, international jurisdiction, and the documentary and tax obligations in succession relationships with a foreign element.
Because a legal person cannot be sentenced, offences arising within a company are answered in the persons of its board members. We examine the limits of that liability under the Turkish Commercial Code, the Turkish Penal Code, the Tax Procedure Act, occupational health and safety legislation, and the capital markets and enforcement provisions.
The deceased’s freedom of disposition is limited by the minimum share the Act accords to certain heirs. We examine the proportions of the reserved portion, the dispositions subject to abatement, the rule on the order of abatement, and how the proceedings unfold.
In purchases made in instalments the consumer may withdraw from the contract without giving any reason and without paying a contractual penalty. We examine how the seven-day period runs, the cases in which the right is unavailable and the obligations to return.
The articles of association are the document in which the intention to form a joint stock company takes concrete shape and on which the order of the company is founded. We address the formal requirements, the elements the Code requires, the limits of optional provisions and the quorums required for amendment from a practitioner’s perspective.
The contract between a player and a club may come to an end in three separate ways: expiry of the term or occurrence of a condition subsequent, agreement between the parties, or unilateral termination. We examine the conditions attaching to each route, the documents required by the TFF and the consequences each produces.
A cheque left unfunded within the period for presentment exposes the drawer not only to a judicial fine but also to a ban on issuing cheques and opening cheque accounts. We examine the scope of the ban, the persons it reaches, the obligations that follow the decision and the conditions for its lifting.
An inheritance merges into the heir’s own property automatically at the moment of death, and the debts are part of that transfer. We examine the routes of actual and deemed renunciation open to an heir who does not wish to take on the estate, the three-month period, the form of the declaration and the consequences renunciation produces.
A footballer’s unilateral termination of his contract depends as much on compliance with the notice and time-limit regime laid down in the Regulations as on the existence of a just cause. We examine the grounds of termination for just cause, the procedural rules that differ for each ground, and the compensation and sporting sanctions that unjust termination entails.
The corporate governance principles impose on companies whose shares are traded on the exchange an obligation to have independent members on the board of directors. We examine the scope of that obligation and the stages followed in determining an independent member within the framework of the Corporate Governance Communiqué.
Corporate legal counsel is not confined to resolving disputes that have already arisen; its real function is to ensure that the risk never arises at all. We examine the scope of the service, its sub-specialisms, the routes to dispute resolution and the fee models from a practical standpoint.
The will formed in the general assembly is not always beyond challenge. We address how resolutions contrary to the law, to the articles of association or to the rule of good faith are brought before the courts within the three-month preclusive period, who may bring the action, and the effects of a judgment of annulment.
Who may make a will, which forms are valid, what may be arranged by will, and how does the reserved portion limit that disposition? We address every stage, from the making of the disposition upon death to its implementation after the testator’s death.
Where the cheque of a debtor who has obtained a provisional moratorium proves to be unfunded, the answer to who bears criminal liability turns on the fate of the composition. We examine approval and refusal, the treatment of the composition as a preliminary issue and the periods for complaint in the light of the case law.
Who takes a deceased person’s assets and in what proportion where they die or are declared absent, how the status of heir is documented, the protection of the reserved portions and the division of the estate form the core of succession law. In this briefing note we address the field’s basic concepts, institutions and types of dispute as a whole.
Provisions placed in standard-form contracts without being discussed with the consumer, which upset the balance to the consumer’s detriment, count as unfair terms. We examine the tests by which such terms are identified, who bears the burden of proof, the administrative supervisory mechanism and the effect of invalidity on the contract.
A cheque is commercial paper that the legislature has made subject to strict formal rules; the absence of one of the required elements destroys the instrument’s quality as a cheque. We address the mandatory, alternative and optional elements separately under the Turkish Commercial Code No. 6102 and the Cheque Act No. 5941.
Forming a limited liability company is a chain running from the choice of trade name to registration with the tax office, and no step in it may be skipped. We address together the liability of the founders, the mandatory content of the articles of association, the documents to be filed with the registry and the chamber, and the costs of formation.
Non-payment of loan instalments allows the bank to demand the whole of the debt, but that power is subject to strict conditions. We examine the conditions of acceleration, the ceiling on default interest, the prohibitions on additional charges and compound interest, and the guarantor’s liability.
A bank that makes credit available in cooperation with the seller is liable, together with the seller, for a performance that is never delivered or turns out to be defective. We examine the statutory basis of that liability, the requirement of economic unity, the one-year time limit and the special regime governing housing finance.
When a promissory note is stolen, lost or rendered illegible, the right in the holder’s hands becomes impossible to exercise in practice. We examine the conditions of the action for annulment available in the event of loss, the institution of the prohibition on payment, the notice periods and the consequences of the annulment decision.
A bank mortgage still standing on the title deed of a dwelling whose price has been paid calls for different solutions depending on the debt for which the mortgage was created. We address mortgages arising from a loan debt and from a contractor’s debt in the light of the bank’s heightened duty of care.
In commercial disputes whose subject matter is a monetary receivable or damages, no action may be brought without first applying to a mediator. We examine which actions fall within this scope, how the process operates, what becomes of the time limits, and the sanctions for failing to attend.
Website terms of use are drawn up unilaterally and may therefore qualify as general terms and conditions under the Turkish Code of Obligations. This note examines their validity requirements, the browsewrap and clickwrap models and the matters they should cover.
The reinstatement action protects employees against dismissals that are unfair or not based on a valid reason. This note sets out the conditions for bringing the action, the applicable time limits and how the Court of Cassation assesses the employer’s conduct.
An escrow agreement places money, assets or documents with a trusted third party until the agreed conditions are met. This note examines its elements, its standing as an atypical contract in Turkish law, its fields of application and its tax implications.
