ArticleLegislation Regarding The ExpropriationThe main legislation related to the expropriation is the Law on Expropriation numbered 2942 and dated 04.11.1983. TurkeyReal Estate and ConstructionBaspinar & Partners
ArticleBattle Of Forms Under The CISG And Turkish Law : "Knock-Out" Rule Versus "Last Shot" RuleUnder the United Nations Convention on Contracts for the International Sale of Goods ("CISG") the issue of incorporation of standard terms may come up in practice in various scenarios such as by either simply referring to their existence during the negotiations or when both parties try to insert their own standard terms into the contract. TurkeyCorporate/Commercial LawGuzeloglu Attorneys-at-law
ArticleExtraordinary Termination Of Employment Contracts: Termination Due To SuspicionThe termination of suspicion is not explicitly regulated under Labor Law No. 4857 ("the Law") but has been recognized in practice through decisions...TurkeyEmployment and HRKesikli Law Firm
ArticleThe Court Of Cassation Decision Dated 13.02.2013 And Numbered 2012/14777 E. 2013/2711 K. Concerning The Validity Of The Suretyship Commitment Within The Framework Of General Transaction TermsWhile formulating their loan agreements, banks ensure a third party to provide a mortgage on an immovable property of his/her own, in favor of the bank.TurkeyFinance and BankingErdem & Erdem Law
Article(Gerekçesini) Görmeden İnanmam!Daha önce yayımladığımız yazımızda Rekabet Kurulu ("Kurul") soruşturmalarında delillerin nasıl incelenmesi gerektiğini incelemiştik. TurkeyAntitrust/Competition LawBalcıoğlu Selçuk Eymirlioğlu Ardıyok Keki Attorney Partnership
ArticleEnhancing the Justice SystemOver the past year, several Turkish laws have been amended to help improve the country's investment environment and to make it easier for investors by increasing the quality and speed of the judicial system.TurkeyCorporate/Commercial LawGün + Partners
ArticleNon-Use Defence In Litigation Proceedings Before Turkish Courts: Special Emphasis On Pharmaceutical Trademarks!Both the Industrial Property Code No. 6769 ("the IPC") and the Regulation on the Implementation of the IPC ("the Regulation") were published and entered into force in 2017TurkeyIntellectual PropertyGün + Partners
ArticleTurkish Average Consumers: Healthcare Professionals Or End Users?In December 2019, the Court of Appeal issued two decisions in which the nature of consumers has been scrutinized while assessing likelihood of confusion between pharmaceutical trade marks.TurkeyIntellectual PropertyGün + Partners
ArticleWork Bearing The Characteristics Of Its Author And The Signs Of WorkThe Law on Intellectual and Artistic Works ("LIAW"), which has been amended many times since its entry into force in 1952, still causes uncertainty and confusion in practice.TurkeyIntellectual PropertyGün + Partners
ArticleAmendments To Turkish Civil Procedure RulesThe Amendments to the Turkish Code of Civil Procedure and Certain Laws numbered 7251 was published in the Official Gazette on 28 July 2020.TurkeyLitigation, Mediation & ArbitrationErsoy Bilgehan
ArticleConsequences Of Rendering Decision On Cases Requiring Special Or Technical Expertise Without Expert Examination In Administrative TrialsArticle 31 of the Administrative Procedure Code No. 2577 ("APC") sets out the cases to which Civil Procedure Code No. 6100 ("CPC") shall apply where IYUK contains no provisions. TurkeyLitigation, Mediation & ArbitrationGün + Partners
ArticleInterim Attachment Before A Foreign Judgment Becomes Enforceable In TurkeyA foreign judgment does not become executable in Turkey until enforcement is granted. Interim attachment may preserve assets in the meantime, but maturity, evidence, security and strict continuation periods require separate analysis. TurkeyLitigation, Mediation & ArbitrationASY Legal
ArticleSurgery Without A Surgeon: Medical Malpractice TurkeyMedical malpractice Turkey has become a growing concern in recent years, particularly in the cosmetic and aesthetic surgery industry.TurkeyLitigation, Mediation & ArbitrationOran Partners Law Firm
ArticleTurkey Introduced Significant Amendments To The Code Of Civil ProcedureThe Law numbered 7251 on the Amendments to the Code of Civil Procedure and Certain Laws was published in the Official Gazette dated 28 July 2020 and numbered 31199 and entered into effect on the same day.TurkeyLitigation, Mediation & ArbitrationMoroglu Arseven
ArticleWhat Will Be The Fate Of The Guarantee Provided For The Preliminary Injunction Decision?Is the Guarantee Provided for the Preliminary Injunction a Part of the Later Compensation Action Arising from the Unfair Preliminary Injunction?TurkeyLitigation, Mediation & ArbitrationGün + Partners
ArticleThe High Court Of Appeals Clarifies The Debate In Calculation Of Annual LeaveUpon the merger of the 9th and 22nd chambers, the issue of how Saturdays will be considered in the annual leave calculation was evaluated by 9th Civil Chamber of High Court of Appeals. TurkeyEmployment and HRELIG Gürkaynak Attorneys-at-Law
ArticleAwards Of Excessive Compensation Under Turkish Intellectual And Industrial Property LawArticle 17 of the Turkish Constitution provides that "Everyone has … the right to protect and improve his/her corporeal and spiritual existence." TurkeyIntellectual PropertyELIG Gürkaynak Attorneys-at-Law
ArticleBerufung In Der TürkeiDie regionalen Berufungsgerichte, die zwar nach dem Inkrafttreten des Gesetzes Nr. 5235 am 1. Juni 2005 innerhalb von zwei Jahren errichtet werden sollten, haben erst am 20. Juli 2016...TurkeyLitigation, Mediation & ArbitrationKolcuoğlu Demirkan Koçaklı Attorneys at Law
ArticleConstitutional Court Decision Expanding Access To Appeal Before The Court Of Appeal: Regulation On The Monetary Threshold For Appeal Partially AnnulledThe Turkish Constitutional Court has struck down a provision that prevented parties from appealing Regional Court of Appeal decisions to the Supreme Court of Appeal in low-value disputes. This landmark ruling expands access to appellate review when Regional Courts modify or overturn first-instance decisions, regardless of the monetary value of the case. TurkeyLitigation, Mediation & ArbitrationPaksoy
ArticleConsequences Of Non-Attainment Of Guaranteed Minimum Order In Agency And Distribution ContractsIt is common that agency and distribution contracts provide a minimum order undertaking for the agent and the distributor. TurkeyCorporate/Commercial LawErdem & Erdem Law