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Articles
General Law
7 min read
Judicial Recess: Cases Heard and Extension of Time Limits
The judicial recess runs from 20 July to 31 August each year. This article covers the cases heard during the judicial recess and the extension of time limits under the Code of Civil Procedure, the Code of Criminal Procedure, the Administrative Procedure Law and the Enforcement and Bankruptcy Law.
Mining Licence: Rights and Obligations under the Mining Law
What is a mining licence and who is it granted to? Land ownership, licence transfer, inheritance, the mining registry and state royalty obligations under the Mining Law No. 3213.
Laws No. 2886 and No. 4734 Compared: Which Law Applies in Public Tenders?
What is the difference between Laws No. 2886 and No. 4734? We explain which law applies in public tenders through the distinction between expenditure and revenue, leasing, exemptions and a Council of State decision.
Carrier’s Liability: Loss, Damage and Delay under the TCC
The carrier’s liability covers loss, damage and delay from acceptance of the goods until their delivery. Articles 875-879 TCC, grounds for exemption and the actual carrier.
Compensation for Protective Measures: CCP Article 141 and the Time Limit for Applications
When can you claim compensation for protective measures? CCP Art. 141, unlawful detention, 3-month and 1-year limits, Compensation Commission, objection.
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.
Penalty for Unlicensed Firearms: The Offence of Violating Law No. 6136
6136 sayılı Ateşli Silahlar ve Bıçaklar Kanunu'na göre ruhsatsız silah, mermi ve pompalı tüfek bulundurma ile taşımanın cezası; maddeler ve savunma yolları.
What Is a Gross Wage Including Fringe Benefits? Basic, Gross and Net Wage Compared
Çıplak maaş yalnız temel ücrettir; giydirilmiş ücret yemek, yol, ikramiye gibi düzenli ödemeleri de kapsar ve kıdem tazminatında esas alınır. Örnekle fark.
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.
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.
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.
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.
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.
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.
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.
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.
Customs disputes arise from frequently changing foreign trade and customs rules; this article covers administrative objection, time limits and smuggling risk.
Limitation in criminal law is examined as limitation of prosecution and of sentence: age-based calculation, concurrence of offences, start and consequences.
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.
A family home annotation bars transfer of the home without the spouse’s express consent (Article 194 TCC); required documents, deregistration, case law.
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.
Review of standard terms under Articles 21-25 TCO in three stages: incorporation, interpretation and content, including the ban on unilateral amendment.
Final, provisional and precautionary attachment explained: requests for attachment, execution, and attachment of movables, immovables and usufruct in Turkey.
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.
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.
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.
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.
Liability of partners in ordinary partnerships: the definition in Article 620 TCO, liability to third parties, available defences and extinction of the debt.
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.
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.
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.
Entry requirements for the mediation profession and the spread of mediation since 2012, as related in an interview with Mediation Board member Nihat Şimşek.
Migrant smuggling is governed by Article 79 TCK: aim of material benefit, unlawful means, imprisonment of three to eight years and aggravating circumstances.
The contract of suretyship under Article 581 TCO: valid principal debt, formal requirements, capacity and spousal consent, with Court of Cassation rulings.
Under TCO No. 6098, release agreements in labour law are subject to strict formal rules: release of employee receivables, full payment, release v performance.
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.
Artificial intelligence and law: the definition of AI, its legal development and status, and the material and mental elements of civil and criminal liability.
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.
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.
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.
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.
Reversal in the interest of the law, an extraordinary remedy against final unlawful decisions: Article 309 CCP and Article 363 Code of Civil Procedure.
The contractual right of pre-emption under Article 735 TCC and Article 237 TCO: formal requirements, annotation, simple and qualified types, and conditions.
Basic concepts of Turkish data protection law: the elements of personal data, special categories of data, data controller, data processor and data subject.
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.
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.
Rights and obligations of cooperative members: personal contribution and equality principles, and the rights to attend meetings, obtain information and audit.
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.
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.
Genocide under Article 76 TCK: planned acts committed with intent to destroy a group, the alternative acts, aggravated life imprisonment and Article 13.
The 2018 zoning amnesty introduced building registration certificates for structures in breach of zoning rules built before 31.12.2017; scope and exclusions.
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.
Traffic fines may be challenged within 15 days under Article 27 of the Misdemeanours Law; the objection route, documents required and early payment discount.
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.
Changes introduced by the 2020 enforcement package: conditional release reduced to 1/2, probation periods, special enforcement methods and good conduct.
Article 78 TCK regulates establishing an organisation to commit genocide and crimes against humanity: its elements, prison sentence and organised crime.
Crimes against humanity under Article 77 TCK: acts committed systematically to a plan for political, philosophical, racial or religious motives; penalties.