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  • Article

    Document Production Requests Pursuant To IBA Rules On The Taking Of Evidence In International Arbitration – I

    Evidentiary issues in international arbitration are of great importance, based on their impact on fulfilling the burden of proof, and consequently, on the decisions on merits.
    TurkeyLitigation, Mediation & Arbitration
    Erdem & Erdem Law
    Erdem & Erdem Law
  • Article

    In A House Of Mirrors: Reflections Of Public Policy When Enforcing Foreign Judgments In Turkey

    Public policy, on which a consented definition on international and even local platforms is ever absent, plays a hugely important role in myriad areas of law.
    TurkeyLitigation, Mediation & Arbitration
    Guzeloglu Attorneys-at-law
Guzeloglu Attorneys-at-law
  • Article

    The Institution Of Intervention In Proceedings Under The Code Of Civil Procedure No. 6100: Principal And Accessory Intervention

    The Code of Civil Procedure No. 6100 ("the Code") sets forth the fundamental procedural rules governing civil proceedings within the field of private law.
    TurkeyLitigation, Mediation & Arbitration
    Sakar Law Office
    Sakar Law Office
  • Article

    The Regulation On Holding Trials Through Audio And Video Transmission In Civil Procedure Has Been Published

    Holding hearings electronically has previously been suggested to help reduce both travel time and long waiting periods at courthouses for both parties and their attorneys.
    TurkeyLitigation, Mediation & Arbitration
    CBC Law
    CBC Law
  • Article

    New Constitutional Court Decision On Violation Of The Right To A Reasoned Decision Published In The Official Gazette

    The reasoning constitutes the part of judicial decisions that demonstrates the cause and justification for resolving the matter in the manner indicated in the operative section, and it is an extension of adjudication.
    TurkeyGovernment, Public Sector
    Egemenoglu
    Egemenoglu
  • Article

    Absence Of Litigation Requirement In Action For Annulment Of Objection

    When a creditor applies to the enforcement office, either orally or in writing, for the recovery of a debt, if the subject of the enforcement is based on a promissory note, the date and summary of the note must be included in the enforcement request...
    TurkeyLitigation, Mediation & Arbitration
    Aydin Law
    Aydin Law
  • Article

    Determination Of The Competent Law And Jurisdiction In International Private Law Contracts Containing A Jurisdiction Clause

    In a contractual obligation relationship, the parties may agree to the application of the laws of a particular country.
    TurkeyLitigation, Mediation & Arbitration
    Ürey Law Office
    Ürey Law Office
  • Article

    New Turkish Appeal System

    On July 20, 2016, a new appeal procedure has entered into force in Turkey with respect to the relevant articles laid down by the Turkish Civil Procedure Code, named as "İstinaf Mahkemeleri" in Turkish.
    TurkeyLitigation, Mediation & Arbitration
    Ketenci & Ketenci Hukuk
    Ketenci & Ketenci Hukuk
  • Article

    Establishment, Structure And Functioning Of Regional Courts Of Appeal

    We will assess the establishment, functioning, and appellate procedure against the decisions of the civil courts of first instance within the scope of this Newsletter.
    TurkeyLitigation, Mediation & Arbitration
    Erdem & Erdem Law
    Erdem & Erdem Law
  • Article

    Time Limits And Procedure In The Event Of A Case Being Brought Before An Incompetent Court: The Legal Consequences Of A Ruling On Lack Of Jurisdiction

    The correct determination of which branch of the judiciary has jurisdiction over a dispute is important not only for identifying the judicial authority that will examine the merits of the case, but also for the effective exercise of the right to seek redress, the protection of time limits for bringing proceedings, and the observance of procedural rights acquired by the parties. This is because the division of jurisdiction between the ordinary and administrative courts relates to public order and may be taken into account ex officio by the courts at every stage of the proceedings
    TurkeyLitigation, Mediation & Arbitration
    Sakar Law Office
    Sakar Law Office
  • Article

    Proposed Amendments Within The Scope Of The Forthcoming Second Judicial Reform

    The first package of the Judicial Reform Strategy was entered into force with the publication of the "Law No. 7188 on the Amendment of the Code of Criminal Procedure and Certain Laws" on the Official
    TurkeyLitigation, Mediation & Arbitration
    ELIG Gürkaynak Attorneys-at-Law
    ELIG Gürkaynak Attorneys-at-Law
  • Article

    Recognition And Implementation Of Guardianship Decisions Given Abroad In Turkey

    Recognition and enforcement of guardianship decisions made abroad in Turkey takes place within the framework of the International Private and Civil Procedure Law (IPCPL) No. 5718.
    TurkeyLitigation, Mediation & Arbitration
    Miran Legal
    Miran Legal
  • Article

    Basit Yargılama Usulü Yeniden Düzenlendı

    Duyurumuz, Anayasa Mahkemesi tarafından iptal edilen 5271 sayılı Ceza Muhakemesi Kanunu'nun "Basit yargılama usulünde itiraz" başlıklı 252.
    TurkeyLitigation, Mediation & Arbitration
    NAZALI Attorney Partnership
    NAZALI Attorney Partnership
  • Article

    Simple Procedure And Judicial Recess Time Limits

    This article examines the application of Turkey's simple procedure in criminal cases, focusing on how judicial recess periods affect the two-week deadline for defendants to submit their defense. It analyzes the conditions under which courts can render decisions without hearings and explores the legal remedies available when this expedited procedure is applied.
    TurkeyCriminal Law
    Guleryuz Partners
    Guleryuz Partners
  • Article

    11 Nisan 2015 Tarihinde Resmi Gazete'de Yayımlanan Bazı Kanun Ve KHK'larda Değişiklik Yapılması Hakkında Kanun Ile Kismi Dava Açılmasına Engel Teşkil Eden 6100 Sayılı HMK'nın 109

    6100 sayılı Hukuk Muhakemeleri Kanunu'nun kısmi dava açılmasında engel teşkil eden 109. maddesinin 2.
    TurkeyLitigation, Mediation & Arbitration
    Gurpinar Law Firm
    Gurpinar Law Firm
  • Article

    Hem Rehinle Teminat Altına Alınan Hem de Kambiyo Senedine Bağlanan Alacakların Tahsili Hakkında Yargıtay İçtihadı Birleştirme Büyük Genel Kurulu Kararı Yayınlandı

    Yargıtay İçtihadı Birleştirme Büyük Genel Kurulu, aynı alacak için kambiyo senetlerine mahsus haciz yoluna başvurmanın yanında, rehnin paraya çevrilmesi...
    TurkeyLitigation, Mediation & Arbitration
    Moroglu Arseven
    Moroglu Arseven
  • Article

    Precautionary Attachment Procedure

    It is needed that such temporary legal protection measures are provided to ensure that creditors receive their claims due to the long duration of litigation and enforcement proceedings and the possibility that the debtors may act in bad faith and endanger the purpose of the lawsuit or proceeding in question.
    TurkeyInsolvency/Bankruptcy/Re-Structuring
    Ürey Law Office
    Ürey Law Office
  • Article

    Improper Service In Turkish Enforcement Proceedings: Complaint And Time Limits

    Proper service of a payment order or enforcement order determines when procedural time limits begin and whether an enforcement proceeding may be treated as final. If the period for objection is considered to have expired before the debtor becomes aware of the document, the creditor may proceed against bank accounts, receivables, movable assets or real estate. The first task in such a file is therefore to establish how service was attempted, at which address and on whom.
    TurkeyLitigation, Mediation & Arbitration
    ASY Legal
    ASY Legal
  • Article

    What Is Default Of Debtor?

    Default of debtor is one of the main concepts of the Law of Obligation, means that to fail to perform the obligation or to not accept the performance of obligations.
    TurkeyLitigation, Mediation & Arbitration
    Sakar Law Office
    Sakar Law Office
  • Article

    Legal Characteristics And Procedure Of Conciliation In Accordance With Article 35/A Of The Attorneys' Act

    Article 35/A of Attorneys' Act No. 1136 regulates the conciliation procedure that carried out by attorneys.
    TurkeyInsolvency/Bankruptcy/Re-Structuring
    Sakar Law Office
    Sakar Law Office
  • Showing 121–140 of 308 results

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