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Articles

Corporate Law

14 min read

Company Reinstatement Action: Turkish Commercial Code Art. 547, Provisional Art. 7 and the Constitutional Court Annulment Decision

Reinstating a company struck off the register: TCC Art. 547, Provisional Art. 7, the Constitutional Court annulment and a 2026 appellate decision.

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Enforcement and Insolvency Law

8 min read

Eviction Without a Court Judgment: Eviction from Leased Property Through Enforcement and Objection

Eviction without a court judgment: vacating a leased property through enforcement. Form 13 and 14, the seven-day objection and the mediation requirement.

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Criminal Law

13 dk okuma

Penalty for Unlicensed Firearms: The Offence of Violating Law No. 6136

Penalties for unlicensed firearms under Art. 13 of Law No. 6136: possession and carrying, converted blank-firing guns and the new Article 13/A.

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Employment Law

7 min read

What Is a Gross Wage Including Fringe Benefits? Basic, Gross and Net Wage Compared

What is a gross wage including fringe benefits? How it differs from basic, gross and net wage, and which wage severance and notice pay are based on.

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Family Law

8 min read

Action for Change of Custody: Conditions, Procedure and Court with Jurisdiction

When can an action for change of custody be brought? The child's best interests, remarriage, relocation, hearing the child and the competent court.

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Employment Law

10 min read

Idle-Period Pay: Conditions, Included Items and Calculation

What is idle-period pay and how many months does it cover? Entitlement after reinstatement, included allowances, interest and the limitation period.

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Compensation Law

11 min read

Replacement Vehicle Cost Compensation: From Whom Is It Claimed and How Is It Calculated?

Replacement vehicle cost after a traffic accident: who can claim it, from whom, how it is calculated, write-off vehicles and the limitation period.

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Employment Law

9 min read

Annual Leave Pay: Leave Periods, Entitlement and Calculation

14, 20 ve 26 günlük yıllık izin ücreti nasıl hesaplanır? Aylık brüt ücret 30'a bölünür, kalan izin günüyle çarpılır. Süreler, örnek hesap ve zamanaşımı.

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Employment Law

11 min read

Notice Pay: Conditions, Notice Periods and Calculation

Who is entitled to notice pay? Notice periods of 2-8 weeks under Article 17 of the Labour Law, a sample calculation, limitation period and mediation.

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Criminal Law

56 min read

Statutory Amendments to Be Introduced Under the Bill of 20/03/2020 Amending the Code of Civil Procedure and Certain Other Laws

Provisions of the 20.03.2020 bill amending the HMK: taking of evidence in collegial courts, supplementation of judgments and mediation in consumer disputes.

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Real Estate Law

6 min read

Conditions and Exceptions to the Exclusion-from-Use Requirement in Ecrimisil Claims by Joint Owners and Co-Owners

The exclusion-from-use requirement applies to ecrimisil and interference claims in shared and joint ownership; Court of Cassation case law and exceptions.

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Family Law

7 min read

Protective and Preventive Measures under Law No. 6284

Protective and preventive measures under Law No. 6284 ordered by judges, civil authorities and police chiefs: who may benefit and how orders are enforced.

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Corporate Law

10 min read

Developments under Personal Data Protection Law no. 6698

Personal Data Protection Law No. 6698: its scope and key concepts such as personal data, special categories, data controller, processor and consent.

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Commercial Law

2 min read

Consumer Law under the Law No. 6502 on Consumer Protection

Consumer law examined under Law No. 6502: the parties to a consumer transaction, the protective aim of the Law and the consumer contracts within its scope.

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Enforcement and Insolvency Law

8 min read

How Is an Ordinary Partnership Formed, and What Are the Partners’ Rights and Obligations?

An ordinary partnership under Article 620 TCO pools labour and assets for a common purpose: its elements and the partners' rights and duties.

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Employment Law

2 min read

A Brief Note on the Latest Unification of Case Law Decision of the Court of Cassation (İBBGK)

The 26.11.2022 Grand General Assembly ruling: in an action for annulment of objection, the claim is served on the debtor even if counsel objected.

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Tax and Administrative Law

6 min read

Remedies Against the Interview Results Published on 27.12.2021

Objecting to interview results: remedies for candidates who scored below 60 in the MEB contracted teacher interview announced on 27.12.2021, and a precedent.

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Mediation

16 min read

MEDIATION – The Amicable Resolution of Disputes

What is mediation and who is a mediator? Participation in sessions, legal aid, effect on limitation in labour cases and voluntary mediation.

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General Law

2 min read

Time Limits for Appeal and Cassation in Turkish Law

Time limits for appeal and cassation running from service for civil, peace, labour and administrative courts, and the amendments made by Law No. 7035.

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Compensation Law

6 min read

Compensation for Vehicle Diminished Value

From whom and how can vehicle diminished value be claimed? The conditions of not being fully at fault or written off, liable parties and limitation period.

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Insurance Law

3 min read

Coverage under Compulsory Motor Third-Party Liability Insurance (ZMSS) (Traffic Insurance)

Traffic insurance (ZMSS) is a policy that vehicle operators must renew annually under Article 91 of the Highway Traffic Law; its types of cover are set out.

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Transport Law

2 min read

Customs Disputes

Customs disputes arise from frequently changing foreign trade and customs rules; this article covers administrative objection, time limits and smuggling risk.

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Immigration Law

2 min read

Residence Permits

Residence permits are required for foreigners staying in Turkey beyond 90 days; application, renewal, address details and lost permits are covered.

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Criminal Law

16 min read

Limitation Periods in Criminal Law

Limitation in criminal law is examined as limitation of prosecution and of sentence: age-based calculation, concurrence of offences, start and consequences.

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Real Estate Law

3 min read

Termination of Interest-Free Home Acquisition Agreements and Refund of the Organisation Fee

Refund of instalments and the organisation fee to a participant leaving an interest-free home acquisition agreement, and the problems encountered in practice.

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Family Law

14 min read

Family Residence Annotation

A family home annotation bars transfer of the home without the spouse’s express consent (Article 194 TCC); required documents, deregistration, case law.

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Corporate Law

7 min read

Grounds for the Dissolution of an Ordinary Partnership

Grounds for dissolving an ordinary partnership under Article 639 TCO: achieved or impossible purpose, a partner’s death and continuation with the heirs.

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Commercial Law

12 min read

Review of Standard Terms and Conditions

Review of standard terms under Articles 21-25 TCO in three stages: incorporation, interpretation and content, including the ban on unilateral amendment.

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Enforcement and Insolvency Law

56 min read

Attachment

Final, provisional and precautionary attachment explained: requests for attachment, execution, and attachment of movables, immovables and usufruct in Turkey.

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Employment Law

2 min read

Entitlement of Private Bank Retirees to the Holiday Bonus

The holiday bonus is governed by Additional Article 18 of Law No. 5510; how retirees paid by private bank funds can claim the unpaid bonus.

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Tax and Administrative Law

2 min read

COVID-19 Circular

COVID-19 Circular No. 2020/8 (01.06.2020): normalisation steps in public institutions and the repeal of earlier measures; a temporary, time-bound regulation.

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Mediation

2 min read

Mediation Will Bring Peace to Commercial Life

Mediation became a precondition for commercial actions on 1 January 2019: Prof. Dr. Ali Yeşilırmak’s views at the time and how to become a mediator.

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Environmental Law

8 min read

International Environmental Law

International environmental law: the effect of treaties on domestic law under Article 90 of the Constitution, the non-regression principle, the Paris Agreement and Türkiye’s nationally determined contribution.

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Compensation Law

6 min read

Compensation for Loss of Support

Compensation for loss of support: the right of those deprived of a deceased’s support to claim after torts such as work or traffic accidents or malpractice.

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Criminal Law

3 min read

Recent Amendments to the Code of Criminal Procedure

CCP amendments (Law of 14.07.2021): release upon undertaking, deduction of house arrest, four-monthly review of judicial control and its upper limit.

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Real Estate Law

17 min read

Unlawful Construction

Unlawful construction is governed by Arts 722–724 TCC; we examine the rights of material owners and landowners where another’s land or materials are used.

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Family Law

9 min read

Divorce Cases (Contested Divorce)

Contested divorce examined in terms of pecuniary and non-pecuniary damages, interim and poverty alimony and custody claims, with a sample petition.

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Corporate Law

4 min read

Liability of Partners in Ordinary Partnerships

Liability of partners in ordinary partnerships: the definition in Article 620 TCO, liability to third parties, available defences and extinction of the debt.

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Commercial Law

6 min read

What Are Standard Terms and Conditions?

A standard term is a contractual provision prepared in advance by one party and presented to the other; its definition and scope before and after TCO 6098.

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Enforcement and Insolvency Law

5 min read

Third-Party Ownership Claims over Property Not Belonging to the Debtor during Attachment

A third-party ownership claim arises when attached property is said to belong to a third party; the 3- and 7-day time limits and the Art. 97 EBL procedure.

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Employment Law

12 min read

Psychological Harassment (Mobbing) in Employment Law

Psychological harassment (mobbing) in employment law: its causes, elements such as systematic and repeated conduct, and remedies open to employees.

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Tax and Administrative Law

15 min read

Recidivism in Tax Misdemeanours and Its Consequences

Recidivism in tax misdemeanours: tax loss and irregularity, the recidivism rule in the VUK, and its conditions such as a final penalty and the same offender.

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Mediation

2 min read

Mediation Has Left Its Mark on Türkiye

Entry requirements for the mediation profession and the spread of mediation since 2012, as related in an interview with Mediation Board member Nihat Şimşek.

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General Law

11 min read

Artificial Intelligence

Theories on the legal status of artificial intelligence, issues in its fields of use, and contractual, due care, hazard and fault-based liability.

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Compensation Law

28 min read

Strict Liability for Hazardous Activities under Turkish Law

Hazard liability examined as a form of strict liability, comparing French, Swiss and Austrian law with Article 71 of the Turkish Code of Obligations.

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Criminal Law

2 min read

The Offence of Migrant Smuggling

Migrant smuggling is governed by Article 79 TCK: aim of material benefit, unlawful means, imprisonment of three to eight years and aggravating circumstances.

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Real Estate Law

4 min read

Action for Determination of Rent

A rent determination action lets a landlord or tenant ask the court to set rent for a new lease term; Article 344 TCO and the five-year rule.

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Family Law

3 min read

Types of Alimony That May Be Claimed in Divorce Proceedings and Their Conditions

Types of alimony and their conditions: interim maintenance during divorce, poverty alimony and child support afterwards, and increases or termination.

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Corporate Law

3 min read

What is a Joint Stock Company and How is One Formed?

How is a joint stock company formed in Turkey? Definition and purpose, articles of association, capital in cash and in kind, and approval cases.

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Commercial Law

8 min read

Contract of Suretyship

The contract of suretyship under Article 581 TCO: valid principal debt, formal requirements, capacity and spousal consent, with Court of Cassation rulings.

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Enforcement and Insolvency Law

15 min read

Liability of Cooperative Members to the Cooperative’s Creditors

Liability of cooperative members to creditors under Article 28 of the Cooperatives Law: additional payments, bankruptcy, departure and dissolution.

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Employment Law

29 min read

Release Agreements (İbraname) in Labour Law

Under TCO No. 6098, release agreements in labour law are subject to strict formal rules: release of employee receivables, full payment, release v performance.

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Tax and Administrative Law

12 min read

Recidivism in Tax Offences and Its Consequences

Recidivism in Turkish tax offences: tax evasion, breach of tax confidentiality and handling taxpayers’ affairs, with its conditions and consequences.

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Mediation

2 min read

Mediation Refresher Training

Under Article 32/6 of the 2018 regulation, mediators must complete at least eight hours of refresher training every three years; the first cycle was 2020-21.

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General Law

12 min read

Artificial Intelligence and Law

Artificial intelligence and law: the definition of AI, its legal development and status, and the material and mental elements of civil and criminal liability.

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Compensation Law

5 min read

COVID-19 in the International Arena

COVID-19 lawsuits: possible international actions against China in the pandemic and the International Health Regulations, as they stood at the time.

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Criminal Law

15 min read

Deferral of the Announcement of the Verdict (HAGB)

Deferral of the announcement of the verdict (HAGB): the defendant's consent, no prior intentional conviction, compensation and its effects.

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Real Estate Law

5 min read

Petition for Release from Detention Due to Coronavirus (COVID-19)

Sample petition for release: a text prepared for a detained defendant in the early days of the COVID-19 pandemic, based on the conditions of that period.

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Family Law

5 min read

Matrimonial Property Regimes: The Regime of Participation in Acquired Property

Participation in acquired property is the statutory regime that applies where spouses choose no other; separation and community of property are also noted.

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Corporate Law

2 min read

Advantages and Disadvantages of Joint Stock Companies and Limited Liability Companies

Pros and cons of joint stock and limited liability companies in terms of capital, number of shareholders, exclusion and liability for public debts.

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Commercial Law

9 min read

What Is a Trade Name?

Trade names are governed by Articles 39-52 of the Commercial Code; this article explains core and additional elements, types of additions and their function.

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Employment Law

5 min read

Employer's Right of Immediate Termination for Just Cause

The employer's right of termination for just cause: ending the employment contract without notice in the cases listed in Article 25 of Labour Law No. 4857.

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Tax and Administrative Law

17 min read

Compensation Claims Against Unlawful Acts of the Tax Administration

Compensation claims against the tax administration: tax audits, irregularities in assessments, tax inspection disputes and administrative liability.

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Criminal Law

2 min read

Reversal in the Interest of the Law

Reversal in the interest of the law, an extraordinary remedy against final unlawful decisions: Article 309 CCP and Article 363 Code of Civil Procedure.

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Real Estate Law

9 min read

Contractual Right of Pre-emption

The contractual right of pre-emption under Article 735 TCC and Article 237 TCO: formal requirements, annotation, simple and qualified types, and conditions.

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Family Law

6 min read

Action for Judicial Emancipation (Kazai Rüşt)

Judicial emancipation (kazai rüşt) explained: majority and capacity to act, conditions of the action, parties, competent court and a sample petition.

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Corporate Law

2 min read

Basic Concepts in Personal Data Protection Law

Basic concepts of Turkish data protection law: the elements of personal data, special categories of data, data controller, data processor and data subject.

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Commercial Law

14 min read

Protection of Trade Names

Protecting trade names: the exclusive right to a registered name under Article 52 Commercial Code, and claims for injunction, deletion and damages.

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Enforcement and Insolvency Law

30 min read

Enforcement Proceedings and Their Types

Enforcement proceedings and their types in Turkish law: enforcement based on a judgment, general attachment, bills of exchange and eviction.

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Employment Law

4 min read

The Employee’s Right of Immediate Termination for Just Cause

An employee's right of immediate termination for just cause under Article 24 of the Labour Law: health, breach of good faith and compelling reasons.

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Tax and Administrative Law

10 min read

Acquired Rights in Administrative Law

The concept of acquired rights (müktesep hak) in administrative law: the acts giving rise to them, their conditions, change of status and zoning law aspects.

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Criminal Law

23 min read

Criminal Liability of the Drawer of a Dishonoured Cheque

Criminal liability of the drawer of a dishonoured cheque: elements of the offence, judicial fine and cheque ban under the Cheque Law as amended in 2016.

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Real Estate Law

6 min read

Title Deed Cancellation and Registration

Title deed cancellation and registration actions based on incapacity, abuse of power of attorney, collusive transfers or adverse possession.

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General Law

4 min read

The Concepts of Legal Capacity and Capacity to Act in the Law of Persons

Legal capacity and capacity to act under the Turkish Civil Code: acquiring personality, conditions for capacity to act and what removes discernment.

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Corporate Law

28 min read

Rights and Obligations of Cooperative Members

Rights and obligations of cooperative members: personal contribution and equality principles, and the rights to attend meetings, obtain information and audit.

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Commercial Law

8 min read

The Seller’s Liability for Defective Goods in Consumer Transactions

Liability for defective goods under Law No. 6502: definitions, defective goods, the consumer’s elective rights, limitation and mandatory mediation.

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Criminal Law

18 min read

Summary Trial Procedure

Introduced in 2019 by Article 250 CCP, the summary trial procedure: its differences from the general procedure, its conditions and the judge's powers.

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Real Estate Law

6 min read

What Is the Statutory Right of Pre-emption?

Under Article 732 TCC, the statutory right of pre-emption lets co-owners buy a share sold to a third party on the same terms: exercise, time limits, waiver.

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Family Law

10 min read

Property Regime

Types of matrimonial property regime and liquidation of participation in acquired property: competent court, asset separation, surplus value.

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Corporate Law

11 min read

Withdrawal from and Expulsion from Membership in Limited Liability Companies

Withdrawal from and expulsion from membership in limited liability companies under Articles 638-640 TCC: rights, share transfer, court, parties.

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Commercial Law

17 min read

Loss of a Cheque (Zıyaı)

Loss of a cheque: loss of possession and unusability, the holder’s right to a payment prohibition, and actions for proof of entitlement and cancellation.

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Criminal Law

2 min read

The Crime of Genocide

Genocide under Article 76 TCK: planned acts committed with intent to destroy a group, the alternative acts, aggravated life imprisonment and Article 13.

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Real Estate Law

2 min read

What Is the Zoning Amnesty (İmar Barışı)?

The 2018 zoning amnesty introduced building registration certificates for structures in breach of zoning rules built before 31.12.2017; scope and exclusions.

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Family Law

4 min read

Action for Increase of Alimony

When can an increase in alimony be sought? Article 176/4 TCC, the parties, the competent court and the rate of increase for future years are examined.

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Corporate Law

2 min read

What Is the Message Management System?

The Message Management System (İYS) is the national database of consents for commercial electronic messages; how it operates under Law No. 6563.

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Commercial Law

18 min read

The Action for Cancellation of a Cheque and Its Consequences

The action for cancellation of a cheque protects the right in a lost cheque; its conditions, who may bring it, the competent court and the burden of proof.

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Criminal Law

2 min read

Objecting to Traffic Fines

Traffic fines may be challenged within 15 days under Article 27 of the Misdemeanours Law; the objection route, documents required and early payment discount.

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Real Estate Law

2 min read

What Is the Right of Pre-emption (Şuf’a)?

Under Article 732 TCC, the right of pre-emption (şufa) gives co-owners priority to buy a share sold to a third party; the periods of forfeiture explained.

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Criminal Law

6 min read

What the New Enforcement Package Introduces

Changes introduced by the 2020 enforcement package: conditional release reduced to 1/2, probation periods, special enforcement methods and good conduct.

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Criminal Law

2 min read

Criminal Organisation Offence

Article 78 TCK regulates establishing an organisation to commit genocide and crimes against humanity: its elements, prison sentence and organised crime.

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Criminal Law

2 min read

Crimes Against Humanity

Crimes against humanity under Article 77 TCK: acts committed systematically to a plan for political, philosophical, racial or religious motives; penalties.

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