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  • Article

    The Constitutional Court Determines That The Rule Stipulating That The Monetary Limits For Appeal Should Be Based On The Amount On The Date Of Judgement Is Unconstitutional.

    In its decision dated December 4, 2024 and numbered 2023/182 E., 2024/203 K. ("Decision"), the Constitutional Court concluded...
    TurkeyLitigation, Mediation & Arbitration
    Esin Attorney Partnership
    Esin Attorney Partnership
  • Article

    The Constitutional Court Has Annulled The Rule Regarding The Minimum Monetary Limit For Appeal In Administrative Proceedings.

    With its decision numbered 2023/81 and dated 26 October 2023 ("Decision"), the Constitutional Court decided to annul the regulations...
    TurkeyLitigation, Mediation & Arbitration
Esin Attorney Partnership
Esin Attorney Partnership
  • Article

    The Court Of Cassation Ruled That The Issuance Of A Decision Without An Expert Report In Arbitration Proceedings Does Not Violate The Right To Be Heard

    The 11th Civil Chamber of the Court of Cassation rejected a request to annul an arbitral decision rendered under the Arbitration Rules of the Istanbul Arbitration Center...
    TurkeyLitigation, Mediation & Arbitration
    KP Law
    KP Law
  • Article

    Turkish Constitutional Court: Including Interest and Court Expenses in Fine for Bounced Cheques Violates Constitutional Rights to Certainty and Predictability

    The Turkish Constitutional Court recently considered calculation of judicial fines for bounced cheques. It decided to remove interest and court expenses from the calculation on the basis that this violates the constitutional principle that no crime or punishment should occur without law (Article 38). An individual's right to certainty and predictability is contained within this constitutional right.
    TurkeyLitigation, Mediation & Arbitration
    Moroglu Arseven
    Moroglu Arseven
  • Article

    Turkish Constitutional Court Rules On Unreasonable Delays Within The Right To Fair Trial

    The Turkish Constitutional Court recently considered a claim that a land expropriation violated the applicant's right to a fair trial due to the judgment processes lasting five years and ten months during administrative procedures.
    TurkeyLitigation, Mediation & Arbitration
    Moroglu Arseven
    Moroglu Arseven
  • Article

    Legislation Regarding The Elimination Of Joint Ownership

    The main aim by filing this case is ending the joint ownership between the owners of a real estate by a court decision. The pre-condition of the case is the real estate to be registered in the land registry.
    TurkeyReal Estate and Construction
    Baspinar & Partners
    Baspinar & Partners
  • Article

    Turkish Constitutional Court Awards Compensation To Land Owners For Expropriated Land After Legal Basis Cancelled

    Turkey's Constitutional Court recently ruled that land owners' property rights had been violated by expropriation of land for a dam and hydroelectric power plant project.
    TurkeyReal Estate and Construction
    Moroglu Arseven
    Moroglu Arseven
  • Article

    The Unitary Patent System: Revolutionizing The European Patent System

    Get ready for the most important reform in the history of the European patent system! The Unitary Patent system is finally set to become a reality on June 1, 2023.
    European UnionIntellectual Property
    Stock Intellectual Property Services A.S.
    Stock Intellectual Property Services A.S.
  • Article

    Court Of Cassation Decides Cooperatives Are Qualified As Merchants

    In its Decision, the Court of Cassation reviewed the past and present applicable legislation in order to determine the will of the legislator and made evaluations on whether cooperatives qualified...
    TurkeyCorporate/Commercial Law
    Guleryuz Partners
    Guleryuz Partners
  • Article

    Responsibility Of The Employer In Dangerous And Very Dangerous Jobs

    In the concrete case, which is subject of the decision of the 12th Criminal Department of the Court of Appeal with Basic 2020/1413, Dated November 17, 2021 and Decision numbered 2021/8051, ...
    TurkeyEmployment and HR
    CottGroup
    CottGroup
  • Article

    Supreme Court's Critical Decision Concerning Currency Control Laws

    The decision of the 12th Civil Chamber of the Supreme Court of Appeals dated October 6, 2022, with File No. 2022/6469 and Decision No. 2022/9954 (the "Decision"), includes essential remarks...
    TurkeyFinance and Banking
    Esin Attorney Partnership
    Esin Attorney Partnership
  • Article

    Preliminary Examination In Procedural Law: Will The New Code Speed Up Lawsuits?

    Turkish law has, undoubtedly, reached a crossroads. The unrelenting manner in which principal codes – such as the Code of Obligations, Commercial Code and Civil Procedural Code – have been changed in their entirety will have a tremendous impact on the practice of law.
    TurkeyGovernment, Public Sector
    Hergüner Bilgen Üçer Attorney Partnership
    Hergüner Bilgen Üçer Attorney Partnership
  • Article

    Amendments In The Attorney Fees In Material Compensation Lawsuits

    In addition, the amendment provides that if a material damages claim is entirely dismissed, then the attorney fee will not be proportional, but fixed.
    TurkeyLitigation, Mediation & Arbitration
    Esin Attorney Partnership
    Esin Attorney Partnership
  • Article

    Significant Amendments To The Administrative Jurisdiction Procedure Law

    The Law Amending the Criminal Procedure Code and Certain Other Laws No. 7331 ("Law No. 7331") -known as the 4th Judicial Reform Package - which entered into force by publication...
    TurkeyLitigation, Mediation & Arbitration
    Gün + Partners
    Gün + Partners
  • Article

    Turkish Constitutional Court Accepted The Applicant's Reversal Request To Administration's Rejection To His Request To Be Appointed As The Managerial Staff, Pursuant To The Right To Respect For Private Life

    The Constitutional Court with its recent decision with the application number 2018/11772 and dated 20 October 2021, decided that the assignment process has concrete effects and reflections on the ...
    TurkeyLitigation, Mediation & Arbitration
    Moroglu Arseven
    Moroglu Arseven
  • Article

    Turkish Constitutional Court: Imposing A Preliminary Injuction For An Unreasonable Time Violates The Right To Property

    Turkish Constitutional Court recently ruled that imposing a preliminary injunction on the applicant's immovable property for 19 years violates the right to property.
    TurkeyLitigation, Mediation & Arbitration
    Moroglu Arseven
    Moroglu Arseven
  • Article

    Turkey's Constitutional Court: Property Owner's Constitutional Rights Violated By Street Closure Causing Decrease In Rental Rate

    Turkey's Constitutional Court recently ruled that a property owner's constitutional rights were violated by a failure to ensure a balance between public interests and the individual's property ownership rights.
    TurkeyReal Estate and Construction
    Moroglu Arseven
    Moroglu Arseven
  • Article

    Contemporary Dynamics Of Dawn Raiding Powers Of The Turkish Competition Authority: Current Status Of A Debate On Concealment Of Evidence

    The Board recently adopted similar approach in its other decisions concerning hindering and complicating the on-site inspection.
    TurkeyAntitrust/Competition Law
    ELIG Gürkaynak Attorneys-at-Law
    ELIG Gürkaynak Attorneys-at-Law
  • Article

    Google Is Fined TRY 93 Million By The Competition Authority

    On Friday, September 21 2018, the Competition Authority in Turkey published its decision on the Google as a result of the competition investigation that was running against Google.
    TurkeyAntitrust/Competition Law
    Ozdagistanli Ekici Avukatlik Ortakliği
    Ozdagistanli Ekici Avukatlik Ortakliği
  • Article

    Concordat Proceedings And Non-Liquid Claims

    The primary objective of concordat proceedings is to restructure the debtor's financial position and allow the continuation of business activities.
    TurkeyCorporate/Commercial Law
    EKSP Law Firm
    EKSP Law Firm
  • Showing 81–100 of 1040 results

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