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  • Article

    Turkish Constitutional Court: Confiscating LPG's Replacement Value Breaches Constitutional Property Rights

    The Turkish Constitutional Court recently considered the legal basis for confiscating LPG from a gas station. It held that since the act in question was not a crime, confiscation under the Turkish Penal Code is not possible.
    TurkeyGovernment, Public Sector
    Moroglu Arseven
    Moroglu Arseven
  • Article

    Turkish Constitutional Court: Exception to Investment Allocation Threshold Contradicts National Assembly's Powers and Public Procurement Legislation

    Turkish legislation requires projects in the 2015 Investment Program's additional investment list, as well as projects which are predicted to extend for more than one year and whose allocation is paid in lump sum, to only begin if the 2015 investment allocation is 10% or more of the project cost.
    Turkey
Government, Public Sector
Moroglu Arseven
Moroglu Arseven
  • Article

    The Constitutional Court Annulled The Second Paragraph Of Provisional Article 1 Of The Enforcement And Bankruptcy Law No. 2004, Ruling That Maintaining The Fixed Value Of The Subject Matter Of The Dispute While Updating The Monetary Thresholds For Legal Remedies Is Unconstitutional

    The Constitutional Court, in its decision dated 6 March 2025, with case number 2025/61 and decision number 2025/46 (the "Decision"), annulled the second paragraph of Additional Article 1...
    TurkeyInsolvency/Bankruptcy/Re-Structuring
    Moroglu Arseven
    Moroglu Arseven
  • Article

    Design Protection In Turkey

    Industrial Property Code No. 6769 of December 22, 2016 (Industrial Property Code).
    TurkeyIntellectual Property
    Gün + Partners
    Gün + Partners
  • Article

    Anayasa Mahkemesi İcra Edilebilir Kesinleşmiş Alacağın Bir Mülk Olduğuna Ve Böyle Bir Alacağın Kamu Kurumunca Ödenmemesi Veya Ödenmesinin Uzun Sürmesinin Mülkiyet Hakkını İhlal Edeceğine Hükmetti

    2 Nisan 2022 tarihli ve 31797 sayılı Resmî Gazete'de yayımlanan Anayasa Mahkemesi kararına konu başvuru, bir kamu kurumu aleyhine başlatılan icra takibinde, kesinleşen alacağın uzun bir süreden beri
    TurkeyLitigation, Mediation & Arbitration
    Moroglu Arseven
    Moroglu Arseven
  • Article

    Anayasa Mahkemesi: İhtiyati Tedbirin Makul Olmayan Bir Süre Devam Etmesi Mülkiyet Hakkını İhlal Eder

    Anayasa Mahkemesi, Başvurucunun taşınmazının tapu kaydına düşülen ihtiyati tedbir şerhinin konulduktan 19 yıl sonra kaldırılmasının mülkiyet hakkının ihlalini oluşturduğuna karar vermiştir.
    TurkeyLitigation, Mediation & Arbitration
    Moroglu Arseven
    Moroglu Arseven
  • Article

    Constitutional Court Issues Pilot Decision: Excess Damage Provision Deemed Inadequate Against Inflation

    Regarding excess damage claims, which have frequently come before the courts in recent years and have sometimes resulted in conflicting decisions, the Constitutional Court, in its pilot decision dated 8 July 2025, with application number 2024/41763, published on 29 September 2025 ("Decision").
    TurkeyLitigation, Mediation & Arbitration
    Hergüner Bilgen Üçer Attorney Partnership
    Hergüner Bilgen Üçer Attorney Partnership
  • Article

    Court Provides Guidance On How To Conclude Actions For Undue Receivables

    The potential conclusion of actions initiated for undue receivables has been a controversial issue under Turkish law. There have been several different opinions on how the courts should conclude these cases.
    TurkeyLitigation, Mediation & Arbitration
    Gün + Partners
    Gün + Partners
  • Article

    Overreaction Or Creation Of Awareness: Major Challenge On Decisions On Security For Costs

    An ICSID Tribunal ordered RSM, an investor company from United States which admitted that it had received funding from a third party, to post a guarantee of US$750,000 to ensure that it could pay Respondent Saint Lucia’s legal costs if it was ordered to do so at the end of the arbitration proceedings.
    TurkeyLitigation, Mediation & Arbitration
    Egemenoglu
    Egemenoglu
  • Article

    The Constitutional Court Annulled The Provision On Determining The Monetary Thresholds For Appeals Against First Instance And Regional Court Decisions Based On The Date Of The Judgement

    The Constitutional Court's decision dated 4 December 2024, numbered 2023/182 E., 2024/203 K. (the "Decision"), was published in the Official Gazette dated 30 January 2025...
    TurkeyLitigation, Mediation & Arbitration
    Moroglu Arseven
    Moroglu Arseven
  • Article

    The Constitutional Court Ruled That The Determination Of The Interest Rate To Be Applied To Claims In Cases Of Incomplete Expropriation Or De Facto Expropriation As Legal Interest Is Unconstitutional

    The Constitutional Court's decision dated 27.06.2024 numbered 2024/4 E., 2024/129 K. has been published in the Official Gazette numbered 32747 dated 09.12.2024.
    TurkeyLitigation, Mediation & Arbitration
    Moroglu Arseven
    Moroglu Arseven
  • Article

    The Decision Of The Court Of Cassation Grand General Assembly Of Unification Of Conflicting Judgments On The Collection Of Receivables Secured By Pledges And Receivables Attached To Bills Of Exchange Has Been Published

    The Court of Cassation Grand General Assembly of the Unification of Conflicting Judgments ruled ("Decision") that it is not possible to initiate enforcement proceedings through foreclosure of pledge...
    TurkeyLitigation, Mediation & Arbitration
    Moroglu Arseven
    Moroglu Arseven
  • Article

    The High Court Of Appeals Rules That Judges Cannot Resort To Experts In Assessment Of Likelihood Of Confusion In Trademarks

    The High Court of Appeals, Assembly of Civil Chambers has recently ruled on the issue of whether appointment of an expert for assessment of likelihood of confusion in trademarks is admissible under Turkish Procedural Law (E. 2014/11-696, K. 2016/778, 8.6.2016).
    TurkeyLitigation, Mediation & Arbitration
    ELIG Gürkaynak Attorneys-at-Law
    ELIG Gürkaynak Attorneys-at-Law
  • Article

    The Turkish Regional Court Of Appeal In Ankara, 31st Civil Chamber, Confirmed That Preliminary Attachment Can Be Imposed On The Respondent's Assets Pending Enforcement Proceedings

    In proceedings for the enforcement of foreign arbitral awards, it is crucial to secure the enforcement of the award, in other words, to safeguard the intended financial outcome until the conclusion of the proceedings.
    TurkeyLitigation, Mediation & Arbitration
    Paksoy
    Paksoy
  • Article

    Turkish Constitutional Court: Legislation Allowing Cases To Be Ceased And Renewed Does Not Breach Right To Fair Trial

    The Turkish Constitutional Court recently examined and rejected a cancellation request regarding Article 150(1) and 150(4) of the Civil Procedural Law (decision dated 5 May 2016, numbered 2016/36).
    TurkeyLitigation, Mediation & Arbitration
    Moroglu Arseven
    Moroglu Arseven
  • Article

    Turkish Supreme Court Rules On Evidence Determination Procedure

    The 4th Civil Chamber of the Turkish Supreme Court recently considered a case where the plaintiff claimed an unjust evidence determination had violated its personal rights and damaged his commercial standing.
    TurkeyLitigation, Mediation & Arbitration
    Moroglu Arseven
    Moroglu Arseven
  • Article

    New Amendments To The Number Portability Legislation

    With its decision No. 2021/DK-YED/402 dated 22 December 2021, the Information Technologies and Communication Authority (BTK) approved the Regulation on Amending the Number Portability Regulation...
    TurkeyMedia, Telecoms, IT, Entertainment
    Esin Attorney Partnership
    Esin Attorney Partnership
  • Article

    Turkish Constitutional Court Strikes Out Legislative Ban On Table Football Based On Changed Social Conditions

    A recent decision by the Constitutional Court lifts a legislative ban on table football in Turkey.
    TurkeyMedia, Telecoms, IT, Entertainment
    Moroglu Arseven
    Moroglu Arseven
  • Article

    Judicial Remedies For Customs Tax Disputes Have Changed

    The Law numbered 6545 has changed the current two-staged trial procedure to a three staged trial procedure.
    TurkeyTax
    Baspinar & Partners
    Baspinar & Partners
  • Article

    Analyzing The CJEU Judgement Of Access To Location Data During Criminal Proceedings In EU

    On 2th of March 2021, The Court of Justice of the European Union delivered a judgment in Case C-746/18 H.K v Prokuratuur; regarding the accession to personal data.
    European UnionLitigation, Mediation & Arbitration
    Gungor Law Firm
    Gungor Law Firm
  • Showing 41–60 of 1040 results

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