As it is known, in accordance with the "Decision on Amendments to the Decision No. 32 on the Protection of the Value of the Turkish Currency", which came into force after being published in the Official Gazette dated September 13, 2018, changes were made in some contracts in which payment in foreign currency was agreed. Pursuant to this decision, the contract price and other payment obligations arising from these contracts in movable and real estate purchase and sale, vehicle and financial leasing, leasing and employment, service and work contracts between persons resident in Turkey, except in cases determined by the Ministry, are denominated in foreign currency or indexed to foreign currency. cannot be determined as such. More
Obtaining a building registration certificate and transition to condominium ownership with the Zoning Peace
According to TÜİK data, we have 26 million 300 thousand structures. Approximately 15 million of these are against zoning plans or licenses, in short, zoning legislation. We should not think of these as just housing. Factories and shops are also included. In this case, if you have a building that violates the zoning legislation built before 31/12/2017; This includes building in violation of the license or annexes, and building in violation of the permit after occupancy, but you can now pay the price and bring it into compliance with the law. More
Personal Data Protection Board determined the outlines of the VERBIS system
With a total of 4 decisions published in the Official Gazette on 18.08.2018, the principles under which conditions, dates and periods of time Data Controllers will be registered in the Data Controllers Registry have been clearly determined. You can find the table below that summarizes these decisions and published by the Personal Data Protection Authority. More
INNOVATIONS BROUGHT BY THE MANDATORY MEDIATION INSTITUTION INTRODUCED BY THE LABOR COURTS LAW
Labor Courts Law No. 7036 was published in the Official Gazette dated 25.10.2017 and was designed to supervise the establishment, duties, powers and trial procedures of labor courts. Law No. 7036; introduced the institution of compulsory mediation. Mediation is regulated by the Mediation Law No. 6325 and is an alternative dispute resolution method in which participation is voluntary. However, in Article 3 of the Labor Courts Law; It has regulated the use of mediation as a condition of litigation in lawsuits filed demanding employee or employer receivables and compensation and reinstatement based on individual or collective labor agreements. Thus, unlike the regulated voluntary basis of Mediation, the institution of "compulsory mediation" has come into force as of 1.1.2018. More
Our interview published in Jale Özgentürk's column in Radikal on 28.05.2015
Our interview published in Funda Özkan's column in Akşam Newspaper on 02.02.2015
ERRORS MADE IN THE ISSUANCE AND PURCHASE OF EXCHANGE BILLS
Due to some mistakes and legal gaps in the issuance and receipt of checks and bills, which are frequently used in the business world, various problems are encountered during the tracking of these valuable documents. While enforcement offices are struggling with millions of enforcement proceedings, creditors may pay a price higher than the amounts they are obliged to pay in collecting their receivables. the doctrine [1] and the Supreme Court decisions, may help prevent similar problems you have encountered or will encounter. More
REGISTERED ELECTRONIC MAIL APPLICATION AND INNOVATIONS IT BROUGHT
Today, also known as the age of communication, e-mails are the main preferred means of communication for the rapid and practical progress of both local and global business and commercial life. However, in Turkish Law, the evidentiary nature of e-mails has led to discussions over time, and it has become necessary to determine the legal nature of e-mails through a legal regulation in line with today's needs. More
URBAN TRANSFORMATION APPLICATIONS AND CONSTRUCTION CONTRACTS FOR LAND
With the "LAW ON TRANSFORMATION OF AREAS UNDER DISASTER RISK" No. 6306, known to the public as the Urban Transformation Law, was published in the Official Gazette on 16/5/2012 and entered into force, the demolition and reconstruction of buildings with risky structure status has become a current issue.
The law deals with the evacuation and demolition of areas with risky area status or immovable properties with risky building status and their evaluation according to the disposal of the owners. In this article, we will examine the problems that citizens are curious about and that arise in practice regarding the reconstruction of the real estate to which the law applies by contractor companies in return for a construction contract in return for one floor. More
SOME IMPORTANT POINTS ABOUT SUFFICIENCY CASES (PRE-PURCHASE CASES) IN SHARE-OWNED REAL ESTATES
Pre-emption right) is a right that restricts the shares of stakeholders in shared ownership real estate in favor of the stakeholders. In case of joint ownership, it is possible for more than one person to own an entire property, without sharing it materially. Especially in real estate that is inherited or not subject to condominium ownership, the real estate is in shared ownership.
By regulating the right of pre-emption for shared properties, the legislator acts with the aim of preventing the rights held by the people who have a joint ownership from being fragmented and falling into the hands of third parties. Therefore, when any stakeholder wants to transfer its share partially or completely, it must first transfer it to other stakeholders. Otherwise, it is possible for other stakeholders to assert their right of pre-emption to the third party who transfers the share. More
EMPLOYER'S TERMINATION OF THE EMPLOYMENT CONTRACT FOR JUSTIFIED REASON
One of the issues where law functions most in working life is the relationship between employee and employer. The relationship between the parties often has its own tension. As can be seen when the general philosophy and historical process of Labor Laws are examined, the main purpose of labor law is to protect the worker, who is the weak and employer-dependent party of the employment relationship. More
CURRENT CHANGES IN URBAN TRANSFORMATION LEGISLATION
The urban transformation process, which has been implemented recently especially in the Kadıköy region, continues despite the deficiencies in the legislation. The application recently made by the Republican People's Party to the Constitutional Court has been preserved as it is, called the 2/3 rule, which attracted the reaction of many citizens, as a result of the evaluation made by the Court, on the grounds that public security is prioritized. More
DUE DILIGENCE PROCESS IN COMPANY ACQUISITIONS AND MERGERS
With Turkey's growing economy in recent years, the number of company acquisitions and mergers has also increased rapidly. According to the report prepared by Deloitte, 217 transactions took place in 2013. The total transaction volume was approximately 17.5 billion dollars. While transaction volume and number decreased by 20% and 15%, respectively, compared to the record year of 2012, privatizations played a decisive role in the total transaction volume with a share of 38%. The contribution of foreign investors to the transaction volume was at a historical low at 30%, and the transaction volume of foreign investors decreased by 60% compared to 2012. More
TERMINATION OF EMPLOYEE WITH JUSTIFIED REASON DUE TO MOBBING
In the modern world, the expansion of business areas of international companies and the globalization of trade have led to the need to create universal standards regarding workplace conditions and employee working conditions. Türkiye has also introduced new legal regulations to protect the rights of workers, both within the framework of the international agreements to which it is a party and the laws of compliance with the European Union chapters, and due to local needs. More
LEGAL DIMENSION OF WORK ACCIDENTS
As a result of the large-scale occupational accidents that have occurred in our country recently, the legal dimension of occupational accidents comes to the fore as a branch that needs to be discussed. Many of our citizens lost their lives as a result of recent work accidents experienced by Soma and construction workers. Our wish is to prevent these accidents and to minimize them by creating safe and healthy workplaces for our workers. We need to examine the legal dimension of work accidents under two main headings. Because work accidents have different consequences in terms of individual labor law and Social Security law. The reason for this dual distinction lies in the consequences for the worker after a work accident occurs. While the worker has the right to compensation in the context of individual labor law, it is a gain in the context of the allowances made to him in terms of Social Security. In this respect, the results differ in both respects. More
INFORMATION NOTE ON THE LAW ON AMENDMENTS TO THE LABOR LAW AND SOME LAWS AND DECISIONS AND THE RESTRUCTURING OF SOME RECEIVABLES
The Presidency of the Turkish Grand National Assembly has prepared an Information Note regarding the innovations brought by the Omnibus Law. Due to the importance of the subject, we present the information note to your attention. More
TRANSFER OF LAND SHARES AND GUARANTEE APPLICATIONS IN URBAN TRANSFORMATION APPLICATIONS
In urban transformation applications, the most indecisive points for flat owners are the transfer of land share and security issues. As it is known, the increasing peer rate, especially in the Kadıköy region, pushes investors into the construction sector, and investors who want to evaluate this profitable investment establish construction companies.
Floor owners/land owners, on the other hand, doubt the financial strength of newly established companies, hesitate to transfer their land shares, and this causes long negotiation processes. In this article, we will try to provide information to both flat owners and contractors by sharing the methods encountered in practice. More
ISSUES TO BE CONSIDERED IN CONSTITUTED DIVORCE
According to the data of the Turkish Statistical Institute, it is seen that the divorce rates in Turkey have increased continuously in the last 5 years. Both the slow functioning of the Turkish Judicial system and the fact that cases take many years, as well as the desire of couples not to wear each other out during the litigation process, have seriously increased the tendency towards consensual divorce. More
DO YOU KNOW THE TRICKS DURING CONVERSION?
Your house is 30, 40, 50 years old. As an apartment resident, you think that it is not earthquake resistant and you want to hire a contractor and have a new, solid house.
If you come across a solid, conscientious contractor, there is no problem. What if the opposite happened? More
SUMMER SCHOOL CASES FREQUENTLY ASKED QUESTIONS
For those who studied at a foundation university, it is possible to file a lawsuit for the summer school fees you paid up to 10 years ago (that is, if you file a lawsuit within 2015, starting from 2005). Read more for those who want to get detailed information about this case, especially as a result of the lawsuit we filed against Koç University.
ACCORDING TO THE LABOR LAW, "OVERWORK"
Defined in Article 41 of the Labor Law, overtime is defined as work exceeding forty-five hours per week. According to Article 63 of the Labor Law, which defines working hours, weekly working hours are 45 hours as a rule. More
ISSUES THAT CONTRACTORS SHOULD CONSIDER IN URBAN TRANSFORMATION APPLICATIONS
With the "LAW ON TRANSFORMATION OF AREAS UNDER DISASTER RISK" No. 6306, known to the public as the Urban Transformation Law, was published in the Official Gazette on 16/5/2012 and entered into force, the demolition and reconstruction of buildings with risky structure status has become a current issue.
The law deals with the evacuation and demolition of areas with risky area status or immovable properties with risky building status and their evaluation according to the disposal of the owners. In this article, we will discuss the difficulties experienced by contractors in practice in having the real estate to which the law applies be rebuilt by contractor companies in return for a construction contract in exchange for one floor. More
LIABILITY OF LEGAL REPRESENTATIVES FOR PUBLIC RECEIVABLES
The most common problems in business life that require particular attention generally arise from tax problems. For this reason, it is necessary to pay careful attention to these issues and to know the regulations on this subject very meticulously. The biggest problem in terms of taxes and public debts is the personal liability of legal representatives. Therefore, the fact that legal representatives are responsible for their personal assets makes public debts the most important problem at many points. In this article, we will evaluate this responsibility in the light of the problems encountered in practice and the decisions of the Council of State. More
VIOLATION OF PERSONAL RIGHTS THROUGH THE INTERNET
Nowadays, with the increase in means of communication via the Internet, the issues of auditing in this field and monitoring communication based on this have become increasingly important. Just as the Internet provides a free communication platform, an uncontrolled communication network structure paves the way for personality violations. More
MATERIAL AND MORAL DAMAGE CASES ARISING FROM TRAFFIC ACCIDENTS
Traffic accidents, which are one of the most important problems of our country and can happen to any of us at any time, have legal consequences with many possibilities. In traffic accidents with material damage, drivers or vehicle owners generally seek compromise among themselves. However, this is not always possible. In cases where the drivers do not cover each other's losses by agreement, the compulsory traffic insurance of the vehicles that are at fault according to the fault rates in the Traffic Accident Report covers the damage of the vehicle that has no fault. More
WAYS OF COMPENSATION FOR VICTIMIZATIONS IN URBAN TRANSFORMATION APPLICATIONS
One of the most common problems in Urban Transformation practices spread all over the country, especially in Istanbul, is the grievances resulting from the reduction of the decision-making majority from unanimity to 2/3 majority in accordance with the Law No. 6306 on the Transformation of Areas Under Disaster Risk. It should be noted that the majority in question is determined by the land share, not by the number of owners. In practice, since it is possible for flats of the same size to have different land shares, it will first be necessary to determine the 2/3 majority by determining the land shares in the title deed. More
LIABILITY OF THE SELLER IN TERMS OF TURKISH LAW IN COMPANY SHARE TRANSFERS
In a potential share transfer agreement, the most discussed and negotiated issue is the representation & warranties section. Declarations and commitments essentially serve two purposes: i) to determine the material, legal or economic characteristics of the target company; ii) the seller's responsibility in case these features are missing and/or defective. Therefore, the content and limits of the declarations and commitments and the sanctions that the parties will face in case of violation of them constitute the most crucial points of the contract. More
2015 CHANGES IN URBAN TRANSFORMATION RENTAL ASSISTANCE APPLICATIONS
Since the Urban Transformation Law continues to progress in practice by trial and error, the details not regulated in the Law are constantly changing with the Regulations and Guides issued by the Ministry of Environment and Urbanization. Continue
TERMINATION OF EMPLOYEE'S EMPLOYMENT CONTRACT WITH JUSTIFIED REASON DUE TO MOBBING
In the modern world, the expansion of business areas of international companies and the globalization of trade have led to the need to create universal standards regarding workplace conditions and employee working conditions. Türkiye has also introduced new legal regulations to protect the rights of workers, both within the framework of the international agreements to which it is a party and the laws of compliance with the European Union chapters, and due to local needs. More
EMPLOYER'S RESPONSIBILITY IN TRAFFIC ACCIDENTS CAUSED BY WORKERS
Today, many employers provide vehicles to their workers, not limited to transportation, and these vehicles are used by the workers to carry out the work. According to published reports, 1886 workers lost their lives due to work accidents in 2014 alone. Considering that traffic accidents, which are one of the most important problems in our country, unfortunately occur frequently, it is important from a legal perspective what the employer's liability will be if the vehicle used by the employee is involved in a traffic accident. More
DELIVERY OF DEFECTIVE BUILDINGS IN URBAN TRANSFORMATION APPLICATIONS
While Urban Transformation practices, which entered Turkish Law and our daily lives in 2012 with the LAW No. 6306 ON THE TRANSFORMATION OF AREAS UNDER DISASTER RISK, aim to serve the development of the country and provide citizens with new and durable buildings, frequent problems are encountered in the applications. More
LETTER OF GUARANTEE AND ITS IMPORTANCE IN URBAN TRANSFORMATION APPLICATIONS
One of the biggest concerns of flat owners in urban transformation practices that accelerate the construction industry, which is the locomotive of our country's economy, is whether the contractor they have agreed with for the reconstruction of their buildings has the economic power to carry out the construction they have undertaken. More
EASEMENT AND TERMINATION OF USPRESS RIGHT CASES
Easement is a limited real right that provides the right owner with the right to use or benefit from the property, or both. Easements are given various names, such as Usufruct Right, Superstructure (Construction) Right, Resource Easement, Passage Easement, depending on the utilization authority they provide. Since the easement right is a real right, it is recorded in the land registry and is public. Article 780 of the Civil Code states the principle that "Registration in the land registry is a must for the establishment of easement rights", and a similar provision is included in Article 795 of the Civil Code for usufruct rights. More
PROHIBITION OF COMPETITION ACCORDING TO THE LABOR LAW
The worker cannot compete against the employer from the moment he is hired until the end of his employment contract. Because competition within the said period of time constitutes a violation of the duty of loyalty. In accordance with Article 25/IIb, d and e of the Labor Law, the employee's behavior that does not comply with honesty and loyalty is considered a violation of the duty of loyalty. In these cases, the employer may terminate the employment contract or request compensation. More
LAND SHARE CORRECTION CASES
The concept of Land Share comes to the fore frequently with the widespread use of the Urban Transformation process. Especially in the urban transformation process, within the scope of law no. 6306; "Re-evaluation of the building" and "voting on the decision to sell the land shares of the owners who do not comply with the majority" make the land share important by making decisions with at least a two-thirds majority of the stakeholders in proportion to the shares of the owners. Important issues such as whether the building will be rebuilt or which contractor will be chosen are generally determined by the choice of this majority. More
ESTABLISHING A BUSINESS IN TURKEY
If you wish to set up a business in Turkey, it is possible to establish a new company or establish a branch of the company that is already establishes in a foreign company. Below is a short information on these two alternatives. Click here for more info
COMPENSATION RIGHTS OF THE EMPLOYEES UNDER TURKISH LAW
Upon termination of an employment agreement, the employee holds the right to demand severance and notice payments from the employer. Although this defined in the legislation, the Labor Law states that the contracting parties may agree higher levels of compensation in the employment agreement but may not agree to lower compensation below the minimum levels set out in the Labor Law. Click here for more info
PURCHASING REAL ESTATE IN TURKEY: A GUIDE FOR FOREIGN PERSONS
This guide aims to help foreigners who wish to acquire real estate in Turkey and guide them to prevent facing any legal problems throughout the process. Our Firm provides full-service legal consultancy regarding acquisition of a real estate in Turkey. Click here for more info
ACQUISITION OF REAL ESTATE BY COMPANIES WITH FOREIGN CAPITAL
This guide is a brief summary of acquisition of real estate by companies with foreign capital. The definition of companies with foreign capital in accordance with the Turkish legislation is essential to determine the legal restrictions for companies. Click here for more info
URBAN TRANSFORMATION IN TURKEY: OPPORTUNITIES FOR FOREIGN INVESTORS
URBAN TRANSFORMATION has always been on Turkey's agenda especially after the 1999 earthquake that occurred at Marmara Region, nearby Istanbul. However, the government decided to take concrete steps towards the demolition of illegal/risky buildings and the renewal of aged buildings in 2012 after another major earthquake that happened in 2011 at the eastern border of Turkey. Click here for more info
