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  • Article

    Decision Of The Court Of Cassation On The Unification Of Case Law Concerning Interest Problem In Partial Claim Lawsuits

    A partial claim lawsuit is an action in which the claimant requests a decision on a certain part of its claim or right arising from a legal relationship with the same person, for the time being.
    TurkeyLitigation, Mediation & Arbitration
    Erdem & Erdem Law
    Erdem & Erdem Law
  • Article

    The Court Of Cassation Issues An Important Unification Of Judgments Decision On Raising A New Claim Through Partial Amendment

    The General Assembly on the Unification of Judgments of the Court of Cassation (the “Assembly”), in its decision dated 8 May 2026 with file no. 2021/8 E. and decision no. 2026/1 K. (the “Decision”), ruled that a claim not included in the statement of claim cannot be introduced into the proceedings through partial amendment. The Decision was published in the Official Gazette dated 30 June 2026 and numbered 33296.
    Turkey
Litigation, Mediation & Arbitration
Fidanci & Esin Partners
Fidanci & Esin Partners
  • Article

    Turkish Court Of Appeal Considers Mandatory Mediation Requirement In Disputes Containing Both Monetary And Nonmonetary Claims

    Mediation became mandatory for monetary-related commercial disputes from 1 January 2019, but the practical impact of this change had remained unclear...
    TurkeyLitigation, Mediation & Arbitration
    Gün + Partners
    Gün + Partners
  • Article

    Überblick über die Unbezifferte Forderungsklage im türkischen Zivilprozessrecht

    Als eine allgemeine Regel des türkischen Zivilprozessrechts, wie im deutschen und schweizerischen Recht, muss das Rechtsbegehren die verlangte Leistung eindeutig und klar bezeichnen
    TurkeyLitigation, Mediation & Arbitration
    Acar & Ergönen Attorney Partnership
    Acar & Ergönen Attorney Partnership
  • Article

    Supreme Court Holds That Intermediary Service Providers Are Not Liable For Defect

    The decision of the 3rd Civil Chamber of the Supreme Court with File No. 2021/4000 and Decision No. 2021/11403 ("Decision") was published in the Official Gazette on 25 January 2022.
    TurkeyMedia, Telecoms, IT, Entertainment
    Esin Attorney Partnership
    Esin Attorney Partnership
  • Article

    Seeking "Competitive Disadvantage" In Abuse Of Dominant Position

    Upon the cancellation decision of the Administrative Court, the TCA reevaluated the complaint that the GDSAA abused its dominant position in airport management by discriminating among airlines...
    TurkeyAntitrust/Competition Law
    Balcioglu Selçuk Eymirlioglu Ardiyok Keki Attorney Partnership
    Balcioglu Selçuk Eymirlioglu Ardiyok Keki Attorney Partnership
  • Article

    Informatıon Note On The Constıtutıonal Court Decısıon Regardıng The Dıstınctıon Between The Measure Of Takıng Property Into Custody And Seızure Wıthın The Scope Of Interventıon In Property In Crımınal Proceedıngs

    In the objection application numbered 2024/183 filed before the Constitutional Court (“CC”), the subject matter of the dispute arose within the scope of a criminal proceeding concerning the offence of infringement of trademark rights by way of imitation or confusion. Within the course of the proceedings, the goods found at the workplace of the accused, which were considered to constitute the subject of the alleged offence, were taken into custody pursuant to Article 123 of the Code of Criminal P
    TurkeyCriminal Law
    Ozbilen Aykut Attorneyship
    Ozbilen Aykut Attorneyship
  • Article

    Turkish Constitutional Court Rules Right To Fair Trial Breached Where Decision Given Without Addressing Compensation Claims For Gender Discrimination

    The Constitutional Court's decision was dated 5 November 2015 and published in Official Gazette number 29612 on 2 February 2016.
    TurkeyEmployment and HR
    Moroglu Arseven
    Moroglu Arseven
  • Article

    Justification of Court Decisions – an Overview

    The justification of court decisions is regarded as a fundamental right and a key element of the right to a fair trial (ie, the right to a reasoned decision).
    TurkeyGovernment, Public Sector
    Gün + Partners
    Gün + Partners
  • Article

    Use Of A Trade Mark Without The Consent Of The Owner: The Case Of The Automotive Supply Industry In Turkey

    This regulation is of vital importance as Turkish Law does not provide for a fair use exception or a due cause clause in general.
    TurkeyIntellectual Property
    Ketenci Law Firm
    Ketenci Law Firm
  • Article

    When Does Registration Amount To Authorization? Rethinking Article 6ter Of The Paris Convention In Turkish Trademark Law

    An American multinational television channel filed two trademark applications in Türkiye, where the signs at issue both incorporate a stylized background partially incorporating the national flag...
    TurkeyIntellectual Property
    Gün + Partners
    Gün + Partners
  • Article

    Conditions Of Enforcement And Recognition Disputes And Prohibition Of Revision

    Jurisdiction is a mechanism that exists as an extension of the sovereignty of each state. Each state adjudicates its own set of legal principles.
    TurkeyLitigation, Mediation & Arbitration
    Sakar Law Office
    Sakar Law Office
  • Article

    Decision For Enforcement Of Arbitral Award Not Required For Preliminary Injunction

    After obtaining an arbitral award from the Moscow Court of Arbitration, the claimant applied to the Turkish courts seeking enforcement of the award.
    TurkeyLitigation, Mediation & Arbitration
    Cerrahoğlu Law Firm
    Cerrahoğlu Law Firm
  • Article

    Law No. 7531 On The Amendment Of Certain Laws, Referred To As The 9th Judicial Package Was Published In The Official Gazette Dated 14 November 2024 And Numbered 32722!

    Law No. 7531 on "the Amendment of Certain Laws" ("Law No. 7531"), referred to as the 9th Judicial Package was published in the Official Gazette dated 14 November 2024...
    TurkeyLitigation, Mediation & Arbitration
    Esin Attorney Partnership
    Esin Attorney Partnership
  • Article

    Scope Of Notification Via Electronic Means Has Been Recently Expanded

    Notifications served via electronic means have been part of Turkish law since the introduction of Article 7/A of the Notification Law No. 7201 in 2011.
    TurkeyLitigation, Mediation & Arbitration
    ELIG Gürkaynak Attorneys-at-Law
    ELIG Gürkaynak Attorneys-at-Law
  • Article

    The New Dispute Resolution Method For Commercial Disputes: Mandatory Mediation

    The Law on the Procedure for Initiating Execution Proceedings based on Monetary Receivables Arising out of Subscription Agreements was published in the Official Gazette on December 19, 2018.
    TurkeyLitigation, Mediation & Arbitration
    ELIG Gürkaynak Attorneys-at-Law
    ELIG Gürkaynak Attorneys-at-Law
  • Article

    What If Your Unquantified Amount Of Monetary Claim Is In Fact Quantifiable?

    When the new Code of Civil Procedure (CCP) was enacted in 2011, it introduced a brand new case type to Turkish litigation where the claimant files the action for receivables
    TurkeyLitigation, Mediation & Arbitration
    Gün + Partners
    Gün + Partners
  • Article

    Avoiding Arbitration Pitfalls: The Turkish Court Of Appeal's Take On Pathological Clauses

    An arbitration process can only proceed with a valid arbitration agreement in place. When such an agreement suffers from flaws or lacks essential elements, or there's uncertainty regarding the parties...
    TurkeyLitigation, Mediation & Arbitration
    Kesikli Law Firm
    Kesikli Law Firm
  • Article

    The Court Of Appeals' Noteworthy Precedent Regarding The Contradictions Between Private Expert Opinions And Official Expert Reports

    Therefore, this noteworthy precedent will assist judges in monitoring and examining the reliability of experts and will provide them with a brand-new perspective on which to base their decisions.
    TurkeyLitigation, Mediation & Arbitration
    ELIG Gürkaynak Attorneys-at-Law
    ELIG Gürkaynak Attorneys-at-Law
  • Article

    Kişisel Verilerin Korunması Kanunu'nda Değişiklikler

    6698 sayılı Kişisel Verilerin Korunması Kanun'da değişiklikler öngören 7499 sayılı Ceza Muhakemesi Kanunu ile Bazı Kanunlarda Değişiklik Yapılmasına Dair Kanun...
    TurkeyPrivacy
    Esin Attorney Partnership
    Esin Attorney Partnership
  • Showing 221–240 of 1040 results

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