How To File A Litigation Case In Turkey (2026)

6100 sayılı Hukuk Muhakemeleri Kanunu (HMK)'nun 326. maddesinin 2. fıkrasında; "Davada iki taraftan her biri kısmen haklı çıkarsa, mahkeme, yargılama giderlerini tarafların haklılık oranına göre paylaştırır."

Sosyal medya ve mesajlaşma uygulamalarında özel fotoğraf ve videoların izinsiz paylaşılması önemli bir ceza hukuku sorunu haline gelmiştir. Eski sevgili veya eş tarafından mahrem görüntülerin yayımlanması...

The competence-competence principle grants arbitral tribunals the authority to determine their own jurisdiction, including questions about the validity and scope of arbitration agreements. This article examines how Turkish law implements this fundamental arbitration doctrine through statutory provisions and judicial precedent, analyzing the balance between arbitral autonomy and judicial oversight in both domestic and international arbitration proceedings.

Türk usul hukukunda genel ilke, kanunda aksi öngörülmedikçe, usule ilişkin sürelerin tebliğ ile başlamasıdır. Hukuk Muhakemeleri Kanunu (HMK), İdari Yargılama Usulü Kanunu ve çeşitli diğer kanunlar uyarınca, taraflara yönelik usul işlemlerine ilişkin kanuni süreler, kararın veya ilgili işlemin usulüne uygun şekilde tebliğ edildiği tarihten itibaren işlemeye başlar.

This article examines the recognition and enforcement of foreign court judgments in Turkey. It considers finality, reciprocity, jurisdiction, public policy, service, documentary requirements, security and the relationship between enforcement permission and actual collection. The discussion distinguishes foreign judgments from arbitral awards and from decisions eligible for a separate administrative registration route.

The principle of separability ensures that an arbitration agreement remains legally independent from the underlying contract in which it is contained. This fundamental doctrine of modern arbitration law prevents challenges to the main contract from automatically invalidating the arbitration clause, thereby protecting the integrity of arbitral proceedings and party autonomy.

Inheritance fraud (muris muvazaası) is one of the most common inheritance-related disputes in Turkish legal practice. It typically arises when a deceased person (the decedent) transfers real property to one heir by disguising what is, in reality, a gratuitous transfer (gift) as a sale or a contract of maintenance until death, with the intention of depriving the remaining heirs of their inheritance rights. Although such transactions appear legally valid on their face, they do not reflect the parties' true intentions and are therefore evaluated under the legal principles governing sham transactions (muvazaa).

This article examines litigation, arbitration and mediation as distinct but connected methods of resolving cross-border disputes involving Türkiye. It considers jurisdiction, service, security for foreign claimants, arbitral consent, institutional procedures, mandatory mediation and the enforcement of outcomes. The statutory and treaty framework is read alongside the judicial authorities cited in the manuscript.

In Turkish law, the concept of joint ownership manifests itself in the forms of shared ownership and undivided co-ownership. In shared ownership, multiple persons own the entirety of a thing that is not physically divided, each holding a specific share, whereas in undivided co-ownership, the co-owners do not have defined shares and jointly own the property.

An arbitration clause is often one of the last provisions negotiated in an international contract. Commercial points have been agreed, the transaction is ready to close, and the dispute-resolution clause is treated as something that can be taken from an earlier agreement.

This article examines the permit and compliance framework for short-term tourism rentals of residential property in Turkey. It considers the scope of the rental regime, the eligible permit holder, apartment-owner consent, property standards, management arrangements, guest registration, sanctions and changes of ownership.

It considers fixed capital investment, qualifying bank deposits, Turkish government debt instruments, real estate and venture capital investment fund shares, participation in the private pension system and employment creation.

This article examines the statutory restrictions affecting foreign acquisition of immovable property in Türkiye. It distinguishes foreign natural persons, overseas companies and Turkish companies with foreign capital, and considers nationality conditions, quantitative limits, military and security areas, project obligations and liquidation risks.

This article examines the Turkish tax identification process for foreign nationals and distinguishes an identification number from tax residence, liability and immigration status. It considers existing identifiers, application documents, official channels, representation, data consistency and the practical use of the number in banking and property transactions.

This article examines the legal and practical framework for opening and operating a Turkish bank account as a foreign national or foreign-owned business. It distinguishes statutory customer-identification and anti-money-laundering duties from each bank's own customer-acceptance policy. The discussion addresses passports,

This article examines the relationship between acquiring residential property in Türkiye and applying for residence permission on that basis. It considers the legal category, the characteristics and intended use of the property, supporting documents, valuation and administrative requirements, family circumstances, renewals and adverse decisions. The discussion distinguishes the validity of a purchase from the eligibility of the subsequent residence application. The analysis therefore places immigration review within pre-acquisition due diligence.

This article examines the interaction between Turkish residence permission and work authorisation for foreign nationals and employers. It considers permit categories, application routes, employer requirements, professional restrictions, extensions, refusals and the consequences of non-compliance.

This article examines the protection of minors in digital services through a comparative legal analysis directed at foreign platforms and families. It distinguishes access restrictions, age assurance, parental authority, personal-data processing and routes of challenge.

Turkey's Citizenship by Investment Program offers foreign nationals a pathway to Turkish citizenship through qualifying real estate investments of at least USD 400,000. Understanding the legal requirements, property eligibility criteria, and application procedures is crucial for investors seeking to navigate this process successfully while avoiding common pitfalls that could delay or jeopardize their citizenship application.

This article considers the principal legal issues affecting foreign buyers and sellers of Turkish real estate. It examines acquisition eligibility, title and encumbrance checks, security restrictions, undeveloped land, formal transfer requirements, off-plan purchases, taxes and powers of attorney. The discussion also distinguishes ownership from residence permission and citizenship eligibility, and considers the Court of Cassation authorities cited in the text. The analysis treats due diligence as an assessment of the proposed buyer, the property and its intended use. Its purpose is to connect the commercial expectations of the transaction with the ownership, use and exit position supported by the documents.