LAWSUITS FOR ANNULMENT OF OBJECTIONS ON ENFORCEMENT ACTIONS FOR COLLECTIONS UNDER TURKISH LAW
In Turkey, debt enforcement proceedings are divided into two categories: enforcement proceedings with a judgment and enforcement proceedings without a judgment. In enforcement proceedings with a judgment (based on a court decision already obtained), the enforcement proceedings can be carried out for all kinds of receivables. However, this is not the case for proceedings without …
REGULATIONS WITHIN THE SCOPE OF EARLY RETIREMENT WITHOUT MEETING THE AGE REQUIREMENT (EYT)
With Law No. 7438 on the Amendment of the Social Security and General Health Insurance Law and Decree No. 375 (“Law No. 7438”) published in the Official Gazette dated March 3, 2023, and numbered 32121, various amendments were made for employees who fail to meet the age requirements for retirement (“EYT- Emeklilikte Yaşa Takılanlar in …
TÜRK HUKUKUNDA ORTAKLIĞIN GİDERİLMESİ İZALE-İ ŞÜYU DAVALARI
Eski adıyla izale-i şüyu olarak bilinen ortaklığın giderilmesi davası, paylı mülkiyete veya elbirliği ile mülkiyete konu olan taşınır/taşınmaz malın, haklı bir sebebin varlığına gerek duyulmaksızın paydaşlardan her birinin paylaşma talebinde bulunması sonucu ortaya çıkan bir dava türüdür. Bu dava türü, ülkemizdeki miras hukuku kapsamındaki mülkiyet paylaşımları doğrultusunda, en yaygın olarak açılan davalardan biridir.
LITIGATION FOR THE DISSOLUTION OF JOINT OWNERSHIPS UNDER TURKISH LAW
Litigation for the dissolution/elimination of joint ownership of properties, also called partition lawsuits (‘izale-i suyu davalari’ in Turkish), are type of cases that arise as a result of the will of any joint owner to dissolve the co-ownership status over a movable or immovable property subject to co-ownership or joint ownership without the need for …
Continue reading “LITIGATION FOR THE DISSOLUTION OF JOINT OWNERSHIPS UNDER TURKISH LAW”
JURISDICTION ON MATRIMONIAL MATTERS AND PARENTAL RESPONSIBILITY MATTERS WITH FOREIGN ELEMENT UNDER EU LAW, POLISH LAW, AND TURKISH LAW
EU Law, Council Regulation (EC) No 2201/2003 The instrument that governs jurisdiction in matrimonial matters and parental responsibility in the EU Member States is the Council Regulation (EC) No 2201/2003 of November 27, 2003, concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility. The Regulation’s ‘universality’ …
VERTICAL AGREEMENTS AND GROUP EXEMPTIONS IN TURKISH COMPETITION LAW
The concept of competition is defined in doctrine as the relationship between enterprises that sell the same type of goods or services to a consumer group at the same time. In accordance with this definition, competition law could be possibly defined as a branch of law that includes regulatory, supervisory, and prohibitive norms to prevent …
Continue reading “VERTICAL AGREEMENTS AND GROUP EXEMPTIONS IN TURKISH COMPETITION LAW”
DIFFERENCES BETWEEN TAXATION OF EMPLOYMENT COMPENSATIONS MADE THROUGH MUTUAL RESCISSION AGREEMENTS AND THROUGH MEDIATION
Mutual Rescission/Termination (Ikale) of Employment Agreements Mutual rescission or mutual termination agreement is an agreement that terminates the labor contract based on the mutual consent of the parties (ikale). Mutual rescission/termination agreement is not regulated under any specific law and in principle could be established in line with the freedom of contract principle and therefore …
WORK PERMITS & CITIZENSHIP BY INVESTMENT OPTIONS IN POLAND & IN TURKEY
Work Permits in Poland Work permit exemptions Citizens of the Member States of the European Union or the European Economic Area, as well as citizens of Switzerland – in contrast to citizens of so-called third countries – enjoy a special status in terms of the possibility to legally take up employment in Poland, which results …
Continue reading “WORK PERMITS & CITIZENSHIP BY INVESTMENT OPTIONS IN POLAND & IN TURKEY”
NEW POWERS OF THE OFFICE OF COMPETITION AND CONSUMER PROTECTION AUTHORITY OF POLAND
EU Regulation 2017/2394 of the European Parliament and of the EU Council regulation of December 12, 2017, on cooperation between national authorities responsible for the enforcement of consumer protection (and repealing Regulation (EC) No 2006/2004), obliged the Member States to modify their internal laws. The primary goal of the EU’s regulation mentioned above is to …
THE RIGHT OF ACCESS TO PERSONAL DATA BY INDIVIDUALS UNDER REGULATIONS OF THE EUROPEAN UNION, TURKEY, & SWITZERLAND
In the last three decades, the ongoing digital (r)evolution and the growth in (cross-border) flows of personal data among and between public and private actors have increased the need to safeguard the fundamental rights of individuals. As a result, laws protecting most notably the right to privacy have been enacted in the EU and beyond …