Commercial contracts
Drafting of dealership, distributorship, supply, franchise, agency and works contracts, and review of existing contracts.
Ankara --:-- · —
bilgi@utuhukuk.com
0536 593 16 00
Practice Area · 03
Commercial Law
From the formation of commercial contracts to the resolution of disputes; unfair competition, current account and commercial debt files.
Last updated: · UTU Hukuk & Danışmanlık
In commercial life the cost of a dispute is often greater than the debt itself. For this reason our commercial law work runs along two axes: building the contract to withstand disputes from the outset, and reaching a result by the shortest route once a dispute arises.
As an Ankara commercial lawyer we handle the drafting of dealership, distributorship, supply, franchise and works contracts, risk analysis of existing contracts, the determination and prevention of unfair competition, and the recovery of commercial debts.
Because mediation is a condition of action in commercial cases, the way the mediation stage is managed directly affects the outcome; we treat it not as a formality but as the first hearing of the file.
Scope
Which Commercial Law matters do we handle?
UTU Hukuk provides litigation and advisory services in Ankara in Commercial Law on the following matters: Commercial contracts, Commercial debt and current account, Unfair competition, Negotiable instruments, Commercial mediation and Agency and equalisation. The headings below are the types of work we handle most often in this area. A preliminary meeting can also be arranged on a matter not listed here.
Commercial debt and current account
Recovery of debts based on invoices and current accounts, actions to set aside objections and actions for negative declaratory relief.
Unfair competition
Actions for determination and prevention against the appropriation of a customer base, use of trade secrets, disparaging statements and misleading advertising.
Negotiable instruments
Disputes arising from promissory notes, bills of exchange and cheques, enforcement proceedings specific to negotiable instruments, objections to signature.
Commercial mediation
Management of the mandatory mediation process, negotiation strategy and preparation of the settlement agreement.
Agency and equalisation
Equalisation claims on termination of the contract, portfolio compensation and non-compete disputes.
Authorities
Which authorities hear Commercial Law cases?
Depending on their nature, Commercial Law cases are handled before Commercial Court of First Instance, Mediation Office, Enforcement Court and Regional Court of Appeal. The authority before which the matter is heard determines the applicable procedure and time limits from the outset. An application to the wrong authority usually results in lost time.
- Commercial Court of First Instance
- Mediation Office
- Enforcement Court
- Regional Court of Appeal
Process
How do we work?
Every file goes through the same four steps. A stage that is rushed increases the cost of the one that follows.
Preliminary meeting
We listen to the subject of the file, its stage and the time limits. A conflict-of-interest check is carried out. The meeting is held by appointment and on a confidential basis.
Document review
Existing documents, service dates and the case file, if any, are examined. We establish which time limits are running and which rights can still be exercised.
Roadmap
Options are set out in writing together with their likely outcomes and costs. The engagement and the fee are agreed in a written contract before work begins.
Execution and reporting
Information is provided at every stage as the matter proceeds. Hearings, service and time limits are notified in advance; no surprises are left.
Q & A
Commercial Law — frequently asked questions
Mediation is a condition of action for debt and compensation claims whose subject is the payment of a sum of money. A case filed before this stage is completed will be dismissed on procedural grounds.
A merchant who receives an invoice and does not object to its content within eight days of receipt is deemed to have accepted it. In practice this period determines the fate of most debt files.
Enforcement proceedings specific to negotiable instruments and a criminal complaint for issuing a bounced cheque are assessed together. Careful attention must be paid to the period prescribed for the complaint.
If there is a non-compete agreement, it can be relied upon; even without one, the use of trade secrets and the acquisition of a customer base contrary to the rule of good faith may constitute unfair competition.
Yes. For corporate clients, updating contract templates and periodic risk review are carried out as part of the advisory service.
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Related practice areas
Files rarely stay within a single area. The areas below are those that most often run alongside this one.
02Corporate LawFrom incorporation to liquidation; corporate law support in share transfers, general assemblies, directors' liability and shareholder disputes …View 10Enforcement and Insolvency LawFrom pursuing a debt to recovering it; conduct of actions to set aside objections, negative declaratory relief, title claims and insolvency…View 06Transport LawLoss, damage and delay disputes under the CMR and domestic law; freight claims and carrier …View
Our Publications
Our articles on Commercial Law
The Action for Cancellation of a Cheque and Its Consequences
I. ACTION FOR CANCELLATION OF A CHEQUE A. Importance of the Action for Cancellation (The Action for Cancellation and Its Nature) The theft of the instrument, illegibly…
18 min readLoss of a Cheque (Zıyaı)
In our study entitled “Loss and Cancellation of a Cheque”, we examine the circumstances in which a cheque is lost, the holder’s general…
17 min readProtection of Trade Names
The merchant’s obligation to freely choose and use a trade name within the framework of the law, with the acquisition of merchant status…
14 min readReview of Standard Terms and Conditions
Although the review of standard terms and conditions has been classified in different ways in legal doctrine, in our study standard terms…
12 min readWhat Is a Trade Name?
TRADE NAME A. Definition The trade name, regulated in Articles 39 to 52 of the Turkish Commercial Code (Law No. 6102)…
9 min readContract of Suretyship
According to Article 581 of the Turkish Code of Obligations, “A contract of suretyship is a contract whereby the surety undertakes towards the creditor to be liable for the debtor’s failure to perform the debt…
8 min readLet us assess your file together.
At the preliminary meeting we discuss the stage of the file, the time limits running and the available options. Meetings are by appointment and confidentiality is essential.