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Legal Developments - Law Firm Thought Leadership by Erdem & Erdem Consultancy Ltd

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Mert Karamustafaoglu has been promoted as Partner and Competition & Compliance Leader

Erdem & Erdem Consultancy Ltd | March 6, 2019

We are very proud of announcing that Mert Karamustafaoglu has been promoted as Partner and Competition & Compliance Leader, as of January 1, 2019.

Nezihe Boran Demir has been promoted as Managing Associate

Erdem & Erdem Consultancy Ltd | March 6, 2019

We are very proud of announcing that Nezihe Boran Demir has been promoted as Managing Associate, as of January 1, 2019.

Transfer of Türk Telekom Shares owned by OTAS is completed

Erdem & Erdem Consultancy Ltd | March 6, 2019

Within the scope of the restructuring of the loans obtained by Ojer Telekomünikasyon A.Ş. (OTAŞ) in 2013 and 2014, the transfer of the shares owned by OTAŞ, representing 55% of Türk Telekomünikasyon A.Ş.’s (Türk Telekom) issued share capital by a special purpose vehicle  incorporated directly or indirectly by the creditors was completed on 21st of December, 2018.

Opinion of the Court of Cassation on the Contention of Expert Opinion and Expert Report

Erdem & Erdem Consultancy Ltd | January 7, 2019

The notion of Expert Opinion, which entered into our law through the Code of Civil Procedure ("CCP"), has been a frequently resorted to method of helping to resolve disputes by the parties in our judicial system over the course of time…

Arrest of Ships under Turkish Law

Erdem & Erdem Consultancy Ltd | January 7, 2019

The general principles on maritime enforcement are set out in Turkish Commercial Code ("TCC") numbered 6102. On the other hand, Turkey has ratified the International Convention on Maritime Liens and Mortgages, signed in Geneva on 6 May 1993 and the International Convention on the Arrest of Ships, signed in Geneva on 12 March 1999 and …

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Decision of the Court of Cassation General Assembly on the Unification of Judgments holding that an

Erdem & Erdem Consultancy Ltd | January 7, 2019

In civil procedural law, a ban on the expansion and alteration of a claim and defense comes with two exceptions; the other party's consent, and "the amendment". The parties may completely or partially amend their proceedings prior to the end of the investigation phase. Provided that the legal requirements are fulfilled, an amendment may be …

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Share Pledges in Joint Stock Companies

Erdem & Erdem Consultancy Ltd | January 7, 2019

Share pledges in joint stock companies are not specially regulated under the Turkish Commercial Code ("TCC"). Therefore, the provisions of the Turkish Civil Code that regulate the general rule regarding pledges, shall apply. Under Turkish Civil Code Article 954, transferable receivables and other rights may be subject to pledge. The pledge established on a share …

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Updated FIDIC Contracts

Erdem & Erdem Consultancy Ltd | January 3, 2019

International Federation of Consulting Engineers that is known by the abbreviation of FIDIC (Fédération Internationale Des Ingénieurs-Counseils) launched updated Red Book (the Conditions of Contract for Works of Civil Engineering Construction), Yellow Book (the Conditions of Contract for Plant and Design-Build)) and Silver Book (the Conditions of Contract for EPC/Turnkey Projects) in the "International Contract …

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Recent Developments in the Right of Access to Files

Erdem & Erdem Consultancy Ltd | January 3, 2019

The parties of an investigation that is conducted in accordance with the Act on the Protection of Competition No. 4054 ("Competition Act") may enjoy the right to access the files concerning them that are drawn up by the Competition Authority ("Authority"). The procedures and principles related to use of this right are regulated via Communique …

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The General Data Protection Regulation in Force

Erdem & Erdem Consultancy Ltd | January 3, 2019

The General Data Protection Regulation ("GDPR" or "Regulation")1 that was approved by the European Union ("EU") Parliament and entered into force in 2016 has started to be applied as of May 25, 2018. The GDPR lays down rules relating to the protection of natural persons ("data subjects") with regard to the processing of personal data, …

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