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Areas of Practice

Anasayfa » Areas of Practice
Contracts Law Distributorship, Share Transfer, Franchising, Leasing and Licensing Agreements
Kaya & Partner provides a service on examination, preparation and amendment of agreements in accordance with the requests of natural and legal persons. In other words, Kaya & Partner provides its clients with services on preparation, amendment, signing, implementation, renewal or termination of various agreements such as franchise agreements, real estate purchase agreements, agreements on purchase and sale of goods and services, sale and transfer agreements, construction agreements, agent and distributorship agreements, agreements on amalgamation and acquisition of company, trademark transfer agreements, know-how agreements, license agreements, lease agreements, joint venture agreements, leasing agreements, supply and contract agreements, debt restructuring agreements, loan and financing agreements, and company capital agreements within the scope of the contracts law.
Turkish Company and Turkish Commercial Law
Kaya & Partner Turkish Commercial lawyers – Turkish corporate barristers and solicitors at Kaya & Partner give advices for all fields of the company law including establishment and management, and the relevant legislations and practices regarding the Turkish Commercial Law. Corporate law means for Turkish Barristers and Solicitors at Kaya Partner , anything advice on large, complex, cross-jurisdictional transactions to advising businesses about the everyday running of their company (including the latest legal developments in their industry, on all kind litigation, and arbitration at Turkish Court and Tribunals in Turkish commercial and cooperate, international trade, employment law, personal data protection, tax and admirative law etc ). Corporate law at Kaya & Partner is extremely varied – often advising and assisting Turkish and foreign SME and large companies on a range of matters including the sale and purchase of businesses and business assets, the reorganisation/restructuring of companies, and the financial arrangements required to complete these activities.
Real Estate Law, (Expropriation),Construction Law, and Cooperatives

Turkish Real Estate Law, (Expropriation), Construction Law, and Cooperatives in Turkey

With its experienced Turkish property law attorneys and Turkish construction Barristers and Solicitors at Kaya & Partner provide property owners , investors and tenants with services on implementation and completion of all kinds of relevant procedures in the administrative authorities within the scope of the Turkish real estate law, adequate pay actions, lease and evacuation actions, actions arising from mortgage disputes, examination and regulation of mortgage agreements, nationalisation actions, completion of necessary transactions before the relevant Turkish public institutions and organizations, preemption actions, consultancy for conflicts arising from the property ownership law, possessory actions (prevention of intervention), actions for the recovery of property, conflicts arising from the property ownership act, land registration and termination actions, preparation of lease agreements by Turkish real estate attorneys to provide the legal security of your properties in Turkey, actions for correction of any mistake in land registration, actions for establishment of all kinds of rights of easement, foreigners’ transactions on real estate acquisition, partition (elimination of joint ownership) actions, examination and Turkish regulation of construction agreements, actions for determination of rental value, examination and regulation of rental agreements, follow-up of actions and conflicts between the directorate of land registry and persons, examination and regulation of purchase-sale agreements, transactions on establishment of mortgage and lien, examination and regulation of agreements for construction in return for flat, title deed transactions, and legal consultancy service for domestic and foreign legal and natural persons to minimize the risks through a risk analysis before purchase-sale of a property.

Services provided by Turkish Property Lawyers and Turkish Constructions Attorneys are including;

  • Represent and assist Turkish and International clients including legal entries, incorporation and real persons in transfer of title of deed as well as
    Independent Local Surveyor
    • Due diligence on the property itself and the real estate agencies.
    • Dealing with purchasing real state property contracts,
    • Concluding the purchase and/or sale of property

o Representing client before Turkish Notary Public and Turkish Title Deed Office called TAPU in Turkish, Municipalities, local counsels called Belediye in Turkish.
o Completing all necessary registrations

  • Providing legal advices on landlord-tenant disputes
    Litigation and Financial advices
  • Transferring title on the inherited person, next to kins and obtain decree from court for inheritance certificates

The cooperative company under Turkish law is a type of structure which allows individuals, companies, municipalities and other associations to carry out commercial activities as a legal entity. We, as Turkish cooperative lawyers who are experienced in Turkish cooperative law , help clients on types and formation of cooperative companies Considering there are various which can be established in Turkey, these must register with the Ministry in charge with regulating certain economic activities. The best example is Turkish agricultural cooperatives which are very popular in Turkey and which must register with the Turkish Ministry for Agriculture or Tourism . Turkish cooperative company shall be registred at Ministry of Tourism and Culture

Turkish Administrative Law and Turkish Tax Law
As Turkish administrative Lawyer and Turkish Tax barrister / solicitor Kaya & Partner , we provide its clients with a legal consultancy service on necessary application for unlawful administrative and tax transactions and actions in order to protect the individuals’ rights against the administration, follow-up of the legal process regarding such applications, bringing an action with the request for termination of unlawful administrative and tax transactions and actions, follow-up of such actions, full remedy actions pursued against the administration, Turkish tax department resolution of disputes arising from administrative agreements, management of resolution process before action, follow-up of actions in cases where it must be applied for remedies, procedures on cancellation of tax penalties and requests for correction. Kaya & Partner carries out all kinds of legal procedures by its experienced attorneys to protect the individuals’ rights against the authority within the scope of the Turkish administrative and Turkish tax law.
International Claims, Turkish Indemnity Law and Travel Law
Kaya & Partner provides consultancy and legal services on Turkish insurance, damage, indemnity, compensation and recourse regarding Turkish personal injury and Turkish medical malpractice law , defect product , Turkish road traffic law, airplane, balloon, ship, vehicle, sports accidents and Turkish hotel accidents both in Turkey and the international area. With its experienced Turkish insurance attorneys Turkish personal injury barrister and Turkish travel Solicitors at Kaya & Partner serves victims, travelers, domestic or foreign individuals, insurance and international companies and insurance companies in various countries of Europe, facilitates the communication, and collects the relevant damages from the Turkish insurance company in the relevant country on behalf of our clients within the shortest time. Our international claims team of lawyers and claims handlers, experienced in areas of international travel, aviation, legal protection insurance, Turkish customs regulations, road traffic accidents, accident litigation, contractual recovery actions, Turkish personal injury law, Turkish product liability , food poisoning, Turkish health law and Turkish medical malpractice, fraud investigation, Turkish money laundering, Turkish criminal law , Turkish immigration law, and property damage law, came together with the goal of making life easier for the international traveler. The Turkish tort lawyers and Turkish Personal injury solicitors at Kaya & Partner have been preparing legal expert opinions on local Turkish regulations, Turkish local standards , Turkish tort laws and personal injury cases for courts in Turkey, UK , Germany
Turkish Labour – Employment – Law and Social Security Legislation
With its experienced Turkish employment attorneys, Kaya & Partner has achieved an important success on thousands of case files of employers and employees in disputes arising from duties / obligations which result from Turkish labour law, employment agreements between employers and employees, employees’ unpaid wages, overwork wages, paid annual leave wages, general holiday wages, minimum living allowance wages, pecuniary and non-pecuniary damages arising from employment relationship, all rights and disputes arising from work place relationship and mobbing, wages on public and festive holidays, weekend wages, notice indemnity wages, actions and disputes regarding occupational accidents and diseases, disputes regarding termination of employment agreement without a valid reason or termination of employment agreement with a valid reason, disputes regarding reemployment request, employee’s social and union rights, strike and lockout, compensation under Turkish employment law for loss of support, and disputes in which the Turkish Social Security Institution is a party, and obtains rapid and effective results in business actions with its legal support.
Turkish Tort Law , Bodily Damage, Injury and Turkish Compensation Law
With its experienced Turkish Compensation lawyers and Turkish personal injury barristers and Solicitors KayaPartner provides legal consultancy and litigation services on actions arising from torts, contracts, agreements and contradiction to debts, applications for compensation of pecuniary and non-pecuniary damages, temporary or permanent labor loss ( loss of working power) , hospital treatment expenses, travel , funeral and, if any, treatment expenses prior to death in bodily damages, compensation for loss of support which may be demanded by the persons who receive financial support of the dead person, and non-pecuniary compensation arising from suffering of the relatives of the dead person due to death. Lawyers at firm are legal witness experts on English / German, Irish Courts and Lawyers are also members of PEOPIL Pan European Personal Injury Lawyers, APIL UK European Centre of Tort and Insurance Law, The Association of Personal Injury Lawyers (APIL)
Traffic, Airplane and Ship – Maritime Accidents
Kaya & Partner ‘s team of Turkish traffic accident lawyers and Turkish airplane accident solicitors maintains and concludes the action process regarding insurance and recourse claims and compensation actions arising from traffic, occupational and airplane accidents both inside and outside the country. We are, Turkish catastrophic accident Lawyers members of The Association of Personal Injury Lawyers (APIL I UK ) , Institute for European Traffic Law ( IETL ), European Centre of Tort and Insurance Law
Turkish Insurance Law, Motor Vehicles, and Turkish Green Card

With its experienced Turkish insurance attorneys, Kaya & Partner provides a consultancy service on applications to be made to the before all Turkish and foreign insurers, Department of Turkish Motor Vehicles , Turkish Motor Insurers’ Bureau for pecuniary and non-pecuniary damages arising from accidents of vehicles with foreign license plate in Turkey, and in abroad accident. Offen submit

Applications to guarantee and pension fund and health insurance within the scope of the Turkish insurance law, and follows the proceedings.

Turkish Petroleum and Energy Law
Turkish petroleum lawyers at Kaya & Partner provide a service on the process follow-up, litigation and administrative applications, objections, and annulment actions regarding production, distribution and financing in the fields of renewable energy sources such as bio-mass and bio-fuel in addition to petroleum, natural gas, electricity, wind energy and solar energy, all kinds of license applications and amendments regarding the energy market on power plants, the EPDK ( Turkish Energy Market Regulatory Authority) license agreements, fulfillment of all kinds of procedures regarding the EPDK, share transfers, concession agreements, franchise agreements, drilling and rehabilitation agreements, production sharing agreements, and profit share agreements.
International Trade and Foreign Direct Investments
Kaya & Partner provides a legal consultancy service on preparation of agreements to be made with foreign companies within the framework of international law rules, taking of necessary measures by considering possible conflicts which may arise from the agreements, commerce, foreign capital, tax, business and miscellaneous legislation of the country where the investments are made abroad, management of the procedures on establishment, merger and acquisition of a company, preparation of franchise, Turkish distributorship and sole agency agreements, providing companies with information on the legal norms of the European Community, giving legal and financial opinions on tax and double taxation in international investments, ensuring that the activities of exportation trading companies can be carried out in accordance with the foreign trade regulation and especially the provisions of the General Agreement on Tariffs and Trade, and provides a consultancy service on disputes arising from the activities with foreign companies in accordance with both the Turkish law and international agreements, and on investment incentives and foreign capital transfer. Lawyers are advising and providing efficient dispute resolution services for both international and domestic parties on international litigation, Arbitration under the International Centre for the Settlement of Investment Disputes (ICSID) and UNCITRAL (the United Nations Commission on International Trade Law) , The Istanbul Arbitration Centre (ISTAC) allows an investor to sue a host state before an ad hoc arbitral tribunal for violations of bilateral investment treaties (BITs) or trade and investment agreements
Intellectual Property Rights and Turkish Personal Data Protection law.

With its experienced Turkish personal data protection lawyers and Turkish intellectual property attorneys , Kaya & Partner provides its clients with a consultancy service in the Turkish trademark and Turkish patent law and all fields of intellectual property rights including utility model, industrial design, moral rights, and trademark-patent license agreements. In addition, we are, Turkish personal data protection lawyers and Turkish intellectual property attorneys provides a wide range of services on analysis of the known state of the technique, preparation of the specifications and demands, management of the procedures on applications for patent registration, fulfillment of foreign patent applications, patent and utility models including studies and researches on compatibility to the legislation on patents and utility models, in cooperation with the Turkish trademark and Turkish patent offices.

Turkish personal data protection lawyers and Turkish intellectual property attorneys at Kaya Partner provide natural and real persons with a consultancy service on all kinds of transactions made to process, obtain, record, store, maintain, change, re-arrange, disclose, transfer and classify personal data or prevent the use of such data, and manages the process of compatibility on personal data protection.

Turkish Family Law, Turkish Divorce law, Child Custody, Alimony, and Matrimonial Property
Turkish Family Lawyers, Turkish Divorce solicitors and barristers Kaya & Partner provide its and local clients with a service on various issues such as initiation of the divorce process, contested divorce, uncontested divorce, Turkish alimony law, Turkish child custody law, division of matrimonial property, the law numbered 6284, and requests for prevention on domestic violence etc. we also advice on Turkish and international family laws and on the International Recovery of Child Support and Other Forms of Family Maintenance and the Hague Protocol as well as the Law Applicable to Maintenance Obligations seek to establish a modern, efficient and accessible international system for the cross-border recovery of spouse alimony , child support and other forms of family maintenance.
Turkish Inheritance Law and Turkish Wills
With its experienced Turkish inheritance lawyer and Turkish wills solicitors , Kaya & Partner provides its domestic and international clients ( Turkish, British, Germans , French , Dutch , from Asia and Gulf Countries etc ) with consultancy and process follow-up services for preparation of Turkish official wills and hand written wills under Turkish inheritance law, termination of wills, renunciation of Turkish inheritance, debarment from inheritance, and completion of the lawsuit processes on reduction and collusion within the shortest time.
Enforcement, Collection of International Debts / Inkasso and European Payment Order

With its experienced Turkish enforcement attorneys and Turkish debt collection officers, Kaya & Partner collects all kinds of receivables of persons and companies, which arise from a court order or checks, commercial cheques, promissory notes, balance sheets, current accounts and/or invoices, by peaceful means and compulsory enforcement.

In addition, Turkish enforcement lawyers and Turkish debt collection officers manage international debt recovery, Turkish enforcement proceedings, international debt collection and inkasso procedures for its clients’ receivables abroad, and issues the Turkish payment order and European Payment Order.

Turkish Criminal Law, Financial Crimes, Turkish Fraud investigation Law
With its experienced Istanbul based Turkish Criminal Lawyer, Turkish Fraud investigator and Turkish Financial Crime solicitor, Kaya & Partner provides suspects, victims or defendants with an advocacy service as well as a consultancy service within the scope of all crimes in the Turkish Criminal Law regarding criminal actions and prosecution investigations especially at Turkish high criminal courts, Turkish criminal courts of peace and Turkish criminal courts of first instance. Our Turkish Criminal Lawyers, Turkish Fraud investigators and Turkish Financial Crime solicitors are experienced especially in the international and Turkish criminal law, and provide our clients with a legal support to achieve the most effective and successful consequence during the Turkish criminal procedure and international criminal procedure and within the scope of the right to a fair trial.
Turkish Citizenship law, Refugees, Expatriate, Turkish Immigration Law and Deportation

With its experienced Turkish Citizenship lawyers, Turkish Immigration attorneys, Kaya & Partner provides a consultancy service on various issues such as following and concluding of Turkish work permits for foreigners in Turkey or the transactions for extension of their work permits, following the real estate purchase and sale transactions of foreign natural and legal persons, preparation of agreements for leasing of real estates, following the applications of foreigners for residential permit in Turkey, following the transactions for acquiring the Turkish citizenship, and on the inheritance law before the Turkish Immigration Authorities and Turkish Provincial Directorates of Population.

The lawyers at Kaya & Partner had success in appealing against for deportations and security codes impose on foreigners, due to procedural errors by the administration who at times have been unable to provide information on the legal basis for applying the code, or where there is a lack of legal notification or translation. In Istanbul and in Ankara there is no specific profile of the people being assigned codes, anyone can be assigned a code, even Canadian, Americans or Europeans including Germans, British,

In many cases, Turkish Administrative Court rulings annulling the issuance of a security restriction code are later overturned by higher instance courts. In a January 2019 ruling, the Turkish Constitutional Court declared lack of jurisdiction to rule on a complaint concerning the cancellation a code.

Turkish Sports Law, International and Turkish Arbitration and Mediation

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Our team of Turkish sport lawyers and Turkish arbitration attorneys provide a consultancy service on management of the process of corporatization of sports clubs, follow-up of amalgamation, separation and other legal proceedings of companies, and preparation of agreements signed between sportspersons, technical directors, managers, representatives and Turkish sports clubs in all professional sports fields in addition to preparation of all kinds of agreements regarding publication, sponsorship, advertisement and privacy etc.

Furthermore, as Turkish sports law experts , Turkish barristers and solicitors we represent its clients in disputes submitted to the European Court of Human Rights (ECHR) and in actions within the Court of Arbitration for Sport (CAS) when required, and manages the procedure for collection of international receivables abroad for sportspersons transferred, and for collection of rights and receivables within the country for sportspersons from sports clubs.

Recognition and Enforcement of Foreign Court Judgements

Turkish civil and commercial lawyers at Kaya & Partner provide its clients from more than twenty countries with legal consultancy and representation services on recognition and approval – enforcement of foreign court decisions, international divorce, child custody and inheritance actions, international commerce and company law actions, and conflict of laws. Turkey has also entered into bilateral treaties with or the reciprocal recognition and enforcement of foreign judgments and judicial assistance in respect of commercial and civil matters. Turkish courts recognise and enforce the judgments of many countries, such as Germany, the United Kingdom and the United States, on the basis of de facto reciprocity between these countries and Turkey. The evaluation of de facto reciprocity is conducted on a state-by state basis for the United States. We, Turkish barristers and solicitors, have advised clients on sources of law regarding the enforcement of foreign judgments,

The Turkish Act on Private International Law and International Procedural Law ( the main legislation that regulates the recognition and enforcement of foreign judgments In Turkey ) the Turkish Constitution, international agreements duly put into effect bear the force of law..

Precedents of the Turkish Supreme Court are also important. However, in principle, the precedents of the Turkish Supreme Court are not binding in Turkish law apart from decisions on the unification of conflicting judgments.

Turkish Customs, Import and Export Legislations
With its experienced Turkish Customs lawyers, Turkish import and export attorneys, Kaya & Partner provides its clients with a consultancy service on disputes arising from the Turkish customs legislation, disputes arising from the customs value of goods, disputes arising from the declaration of origin of goods, disputes arising from determination of the customs tariff statistics position of goods within the relevant scope, disputes arising from the items to be included in the value added tax to be applied to goods, disputes arising from violation of the exemption conditions, disputes arising from violation of the provisions applied for goods benefited from the conditional exemption regimes, disputes arising from any missing or unnecessary information on the summary declaration, disputes arising from violation of the procedural provisions determined in the customs legislation, disputes arising from declaration on the condition of goods, and disputes arising from importation of goods subjected to dumping, anti-dumping and quota applications or customs supervision.
Turkish Transportation Law and CMR Legislation
With its experienced Turkish transportation Lawyers and CMR Legislation attorneys, Kaya & Partner provides its clients with a legal consultancy service on resolution of the legal disputes arising from the CMR, resolution of the legal disputes arising from the FCR, resolution of legal disputes arising from transport bills, resolution of legal disputes which may arise during the transport of goods, resolution of legal issues regarding international transportation and logistics, preparation of agreements used in the field of transportation, disputes regarding transport of persons and goods through air, naval and land platforms, and on the whole lawsuit process. The lawyers are advising and representing clients on Liability of the Carrier at CMR Convention on the Contract for the International Carriage of Goods by Road and Under Turkish Law. In CMR , obligations of any carrier, arising from the Convention and nature of his activity, are taking over the goods, making all necessary effort for preserving the goods during the carriage, and carrying the goods to their destination by a suitable means of transport, and delivering the goods to the consignee.
International and Turkish Aviation Law
Turkish aviation lawyers at Kaya and Partner are experienced on aviation law that concerns flights, air travels and associated legal and business concerns ( purchase and lease of aircrafts) , aviation accident and incident claims. Some of its area of concern overlaps that of private international, the business aspects of airlines and their regulation under aviation law. Lawyers are highly trained and experienced specialists are managing the handling and legal procedures with the airlines. We offer full claims handling for air passengers affected by delayed flights, cancellations and denied boarding. If necessary, we will go to court for any passenger with a valid flight compensation claim and we don’t charge for our service until we have won the case. We also help clients to secure their compensation and reimbursement (for replacement items) for delayed, lost or damaged baggage by formulating the right legal arguments that are proven to succeed and if necessary,

 

Other Areas of Practice

European Union Law and European Court of Human Rights, E- Commerce Law, Turkish Foundation and Turkish Association Law, Bankruptcy and Insolvency, Individual Application before Turkish Constitution Court. Turkish Litigations and Mediation.  Turkish Residency permit,  Turkish ikamet and work permits

We, Turkish lawyers (Turkish Barristers and Turkish Solicitors ) at Kaya Partner  are providing the following areas of  Turkish and international law since 1991.

Contracts Law (Distributorship, Share Transfer, Franchising, Leasing and Licensing Agreements)

Kaya & Partner provides a service on examination, preparation and amendment of agreements in accordance with the requests of natural and legal persons. In other words, Kaya & Partner provides its clients with services on preparation, amendment, signing, implementation, renewal or termination of various agreements such as franchise agreements, real estate purchase agreements, agreements on purchase and sale of goods and services, sale and transfer agreements, construction agreements, agent and distributorship agreements, agreements on amalgamation and acquisition of company, trademark transfer agreements, know-how agreements, license agreements, lease agreements, joint venture agreements, leasing agreements, supply and contract agreements, debt restructuring agreements, loan and financing agreements, and company capital agreements within the scope of the contracts law.

Turkish Company and Turkish Commercial Law

Turkish Commercial lawyers – Turkish corporate barristers and solicitors  at Kaya & Partner give advices for all fields of the company law including establishment and management, and the relevant legislations and practices regarding the Turkish Commercial Law. Corporate law means  for Turkish  Barristers and Solicitors at Kaya Partner , anything advice on   large, complex, cross-jurisdictional transactions to advising businesses about the everyday running of their company (including the latest legal developments in their industry, on all kind litigation, and arbitration at Turkish Court and Tribunals in Turkish commercial and cooperate, international trade, employment law, personal data protection, tax and admirative law etc ). Corporate law at Kaya & Partner is extremely varied – often advising and assisting Turkish and foreign SME and large companies on a range of matters including the sale and purchase of businesses and business assets, the reorganisation/restructuring of companies, and the financial arrangements required to complete these activities.

 Turkish Real Estate Law, (Expropriation), Construction Law, and Cooperatives in Turkey

With its experienced Turkish property law  attorneys and  Turkish construction  Barristers and Solicitors  at  Kaya & Partner provide property owners , investors and tenants  with services on implementation and completion of all kinds of relevant procedures in the administrative authorities within the scope of the Turkish real estate law, adequate pay actions, lease and evacuation actions, actions arising from mortgage disputes, examination and regulation of mortgage agreements, nationalisation actions, completion of necessary transactions before the relevant Turkish public institutions and organizations, preemption actions, consultancy for conflicts arising from the property ownership law, possessory actions (prevention of intervention), actions for the recovery of property, conflicts arising from the property ownership act,  land registration and termination actions, preparation of lease agreements by Turkish real estate attorneys to provide the legal security of your properties in Turkey, actions for correction of any mistake in land registration, actions for establishment of all kinds of rights of easement, foreigners’ transactions on real estate acquisition, partition (elimination of joint ownership) actions, examination and Turkish regulation of construction agreements, actions for determination of rental value, examination and regulation of rental agreements, follow-up of actions and conflicts between the directorate of land registry and persons, examination and regulation of purchase-sale agreements, transactions on establishment of mortgage and lien, examination and regulation of agreements for construction in return for flat, title deed transactions, and legal consultancy service for domestic and foreign legal and natural persons to minimize the risks through a risk analysis before purchase-sale of a property.

Services provided by Turkish Property Lawyers and Turkish Constructions Attorneys are including;

  • Represent and assist Turkish and International clients including legal entries, incorporation and real persons in transfer of title of deed as well as
    Independent Local Surveyor
    • Due diligence on the property itself and the real estate agencies.
    • Dealing with purchasing real state property contracts,
    • Concluding the purchase and/or sale of property

o Representing client before Turkish  Notary Public and Turkish Title Deed Office called TAPU in Turkish, Municipalities, local counsels called  Belediye  in Turkish.
o Completing all necessary registrations

  • Providing legal advices on landlord-tenant disputes
    Litigation and Financial advices
  • Transferring title on the inherited person, next to kins and obtain decree from court for inheritance certificates

The cooperative company under Turkish law is a type of structure which allows individuals, companies, municipalities and other associations to carry out commercial activities as a legal entity.  We,  as Turkish cooperative lawyers who are experienced in Turkish cooperative law , help clients on  types and formation of cooperative companies  Considering there are various  which can be established in Turkey, these must register with the Ministry in charge with regulating certain economic activities. The best example is  Turkish agricultural cooperatives which are very popular in Turkey and which must register with the  Turkish Ministry for Agriculture or Tourism . Turkish cooperative company shall be registred at Ministry of Tourism and Culture

Turkish Administrative Law and Turkish Tax Law

As Turkish administrative Lawyer  and Turkish  Tax barrister / solicitor  Kaya & Partner , we provide its clients with a legal consultancy service on necessary application for unlawful administrative and tax  transactions and actions in order to protect the individuals’ rights against the administration, follow-up of the legal process regarding such applications, bringing an action with the request for termination of unlawful administrative and tax  transactions and actions, follow-up of such actions, full remedy actions pursued against the administration, Turkish tax department resolution of disputes arising from administrative agreements, management of resolution process before action, follow-up of actions in cases where it must be applied for remedies, procedures on cancellation of tax penalties and requests for correction. Kaya & Partner carries out all kinds of legal procedures by its experienced attorneys to protect the individuals’ rights against the authority within the scope of the Turkish administrative and Turkish tax law.

International Claims, Turkish Indemnity Law  and Travel Law

Kaya & Partner provides consultancy and legal services on Turkish insurance, damage, indemnity, compensation and recourse regarding   Turkish personal injury and Turkish medical malpractice law , defect product , Turkish road traffic law, airplane, balloon, ship, vehicle, sports accidents and Turkish hotel accidents both in Turkey and the international area.  With its experienced Turkish  insurance attorneys  Turkish  personal injury barrister and  Turkish travel Solicitors  at   Kaya & Partner serves victims, travelers, domestic or foreign individuals, insurance and international companies and insurance companies in various countries of Europe, facilitates the communication, and collects the relevant damages from the  Turkish insurance company in the relevant country on behalf of our clients within the shortest time.    Our international claims team of lawyers and claims handlers,  experienced in areas of international travel, aviation, legal protection insurance, Turkish customs regulations, road traffic accidents, accident litigation, contractual recovery actions, Turkish  personal injury law, Turkish product liability , food poisoning, Turkish health law and  Turkish  medical  malpractice, fraud investigation, Turkish money laundering, Turkish criminal law , Turkish  immigration law,  and property  damage law, came together with the goal of making life easier for the international traveler. The Turkish tort  lawyers and Turkish Personal injury solicitors  at Kaya & Partner  have been  preparing legal expert opinions on local Turkish regulations, Turkish local standards , Turkish tort  laws and personal injury cases for courts  in Turkey, UK , Germany

Turkish Labour – Employment –  Law and Social Security Legislation 

With its experienced Turkish employment attorneys, Kaya & Partner has achieved an important success on thousands of case files of employers and employees in disputes arising from duties /  obligations which result from Turkish labour law, employment agreements between employers and employees, employees’ unpaid wages, overwork wages, paid annual leave wages, general holiday wages, minimum living allowance wages, pecuniary and non-pecuniary damages arising from employment  relationship, all rights and disputes arising from work place  relationship and mobbing, wages on public and festive holidays, weekend wages, notice indemnity wages, actions and disputes regarding occupational accidents and diseases, disputes regarding termination of employment agreement without a valid reason or termination of employment agreement with a valid reason, disputes regarding reemployment request, employee’s social and union rights, strike and lockout, compensation under Turkish employment law for loss of support, and disputes in which the Turkish Social Security Institution is a party, and obtains rapid and effective results in business actions with its legal support.

Turkish Tort Law , Bodily Damage, Injury and Turkish Compensation Law

With its experienced Turkish Compensation   lawyers and Turkish personal injury  barristers and Solicitors KayaPartner provides legal consultancy and litigation services on actions arising from torts, contracts, agreements and contradiction to debts, applications for compensation of pecuniary and non-pecuniary damages, temporary or permanent labor loss  ( loss of working power) ,  hospital treatment expenses, travel , funeral and, if any, treatment expenses prior to death in bodily damages, compensation for loss of support which may be demanded by the persons who receive financial support of the dead person, and non-pecuniary compensation arising from suffering of the relatives of the dead person due to death.  Lawyers at firm are legal witness experts on English / German, Irish Courts and Lawyers are also  members  of PEOPIL Pan European Personal Injury Lawyers,  APIL UK European Centre of Tort and Insurance Law, The Association of Personal Injury Lawyers (APIL)

Traffic, Airplane and Ship – Maritime Accidents

Kaya & Partner ‘s team of Turkish traffic accident lawyers and Turkish airplane accident solicitors maintains and concludes the action process regarding insurance and recourse claims and compensation actions arising from traffic, occupational and airplane accidents both inside and outside the country.  We are, Turkish catastrophic accident Lawyers members of The Association of Personal Injury Lawyers (APIL I UK ) ,  Institute for European Traffic Law ( IETL ), European Centre of Tort and Insurance Law

Turkish Insurance Law, Motor Vehicles, and Turkish Green Card

With its experienced Turkish insurance attorneys, Kaya & Partner provides a consultancy service on applications to be made to the before all Turkish and foreign insurers, Department of Turkish Motor Vehicles , Turkish Motor Insurers’ Bureau  for pecuniary and non-pecuniary damages arising from accidents of vehicles with foreign license plate in Turkey,  and in abroad accident. Offen submit

Applications to guarantee and pension fund and health insurance within the scope of the Turkish insurance law, and follows the proceedings.

Turkish Petroleum and Energy Law

Turkish petroleum lawyers  at Kaya & Partner provide a service on the process follow-up, litigation and administrative applications, objections, and annulment actions regarding production, distribution and financing in the fields of renewable energy sources such as bio-mass and bio-fuel in addition to petroleum, natural gas, electricity, wind energy and solar energy, all kinds of license applications and amendments regarding the energy market on power plants, the EPDK ( Turkish Energy Market Regulatory Authority) license agreements, fulfillment of all kinds of procedures regarding the EPDK, share transfers, concession agreements, franchise agreements, drilling and rehabilitation agreements, production sharing agreements, and profit share agreements.

International Trade and Foreign Direct Investments

Kaya & Partner provides a legal consultancy service on preparation of agreements to be made with foreign companies within the framework of international law rules, taking of necessary measures by considering possible conflicts which may arise from the agreements, commerce, foreign capital, tax, business and miscellaneous legislation of the country where the investments are made abroad, management of the procedures on establishment, merger and acquisition of a company, preparation of franchise, Turkish distributorship and sole agency agreements, providing companies with information on the legal norms of the European Community, giving legal and financial opinions on tax and double taxation in international investments, ensuring that the activities of exportation trading companies can be carried out in accordance with the foreign trade regulation and especially the provisions of the General Agreement on Tariffs and Trade, and provides a consultancy service on disputes arising from the activities with foreign companies in accordance with both the Turkish law and international agreements, and on investment incentives and foreign capital transfer.   Lawyers are advising and providing efficient dispute resolution services for both international and domestic parties on international litigation,  Arbitration under the International Centre for the Settlement of Investment Disputes (ICSID) and  UNCITRAL (the United Nations Commission on International Trade Law) , The Istanbul Arbitration Centre (ISTAC) allows an investor to sue a host state before an ad hoc arbitral tribunal for violations of bilateral investment treaties (BITs) or trade and investment agreements

Intellectual Property Rights and Turkish Personal Data Protection law.

With its experienced Turkish personal data protection lawyers and Turkish intellectual property attorneys , Kaya & Partner provides its clients with a consultancy service in the Turkish trademark and Turkish  patent law and all fields of intellectual property rights including utility model, industrial design, moral rights, and trademark-patent license agreements. In addition,  we are, Turkish personal data protection lawyers and Turkish intellectual property attorneys provides a wide range of services on analysis of the known state of the technique, preparation of the specifications and demands, management of the procedures on applications for patent registration, fulfillment of foreign patent applications, patent and utility models including studies and researches on compatibility to the legislation on patents and utility models, in cooperation with the Turkish trademark and Turkish patent offices.

Turkish personal data protection lawyers and Turkish intellectual property attorneys  at Kaya Partner provide natural and real persons with a consultancy service on all kinds of transactions made to process, obtain, record, store, maintain, change, re-arrange, disclose, transfer and classify personal data or prevent the use of such data, and manages the process of compatibility on personal data protection.

Turkish Family Law, Turkish Divorce law, Child Custody, Alimony, and Matrimonial Property

Turkish Family Lawyers,  Turkish Divorce solicitors and barristers Kaya & Partner provide its and local  clients with a service on various issues such as initiation of the divorce process, contested divorce, uncontested divorce, Turkish alimony law, Turkish child custody law, division of matrimonial property, the law numbered 6284, and requests for prevention on domestic violence etc. we also advice on Turkish and international family laws and on the International Recovery of Child Support and Other Forms of Family Maintenance and the Hague Protocol as well as   the Law Applicable to Maintenance Obligations seek to establish a modern, efficient and accessible international system for the cross-border recovery of  spouse alimony , child support and other forms of family maintenance.

Turkish Inheritance Law and Turkish Wills

With its experienced Turkish inheritance lawyer and Turkish wills  solicitors  , Kaya & Partner provides its domestic and international  clients (  Turkish, British, Germans , French , Dutch , from Asia and  Gulf Countries etc  )  with consultancy and process follow-up services for preparation of Turkish official  wills and  hand written  wills under Turkish inheritance law, termination of wills, renunciation of  Turkish inheritance, debarment from inheritance, and completion of the lawsuit processes on reduction and collusion within the shortest time.

Enforcement, Collection of International Debts / Inkasso and European Payment Order

With its experienced Turkish enforcement attorneys and Turkish debt collection officers, Kaya & Partner collects all kinds of receivables of persons and companies, which arise from a court order or checks, commercial cheques, promissory notes, balance sheets, current accounts and/or invoices, by peaceful means and compulsory enforcement.

In addition, Turkish enforcement lawyers and Turkish debt collection officers manage international debt recovery, Turkish enforcement proceedings, international debt collection and inkasso procedures for its clients’ receivables abroad, and issues the Turkish payment order and European Payment Order.

Turkish Criminal Law, Financial Crimes, Turkish Fraud investigation Law

With its experienced Istanbul based Turkish Criminal Lawyer, Turkish Fraud investigator and  Turkish Financial Crime solicitor, Kaya & Partner provides suspects, victims or defendants with an advocacy service as well as a consultancy service within the scope of all crimes in the Turkish Criminal Law regarding criminal actions and prosecution investigations especially at Turkish  high criminal courts, Turkish criminal courts of peace and Turkish criminal courts of first instance. Our Turkish Criminal Lawyers, Turkish Fraud investigators and  Turkish Financial Crime solicitors are experienced especially in the international and Turkish criminal law, and provide our clients with a legal support to achieve the most effective and successful consequence during the Turkish criminal procedure and international criminal procedure and within the scope of the right to a fair trial.

Turkish Citizenship law, Refugees, Expatriate, Turkish Immigration Law and Deportation

With its experienced Turkish Citizenship lawyers, Turkish Immigration attorneys, Kaya & Partner provides a consultancy service on various issues such as following and concluding of Turkish work permits for foreigners in Turkey or the transactions for extension of their work permits, following the real estate purchase and sale transactions of foreign natural and legal persons, preparation of agreements for leasing of real estates, following the applications of foreigners for residential permit in Turkey, following the transactions for acquiring the Turkish citizenship, and on the inheritance law before the Turkish Immigration Authorities and Turkish Provincial Directorates of Population.

The lawyers at Kaya & Partner had success in appealing against for deportations and security codes impose on foreigners, due to procedural errors by the administration who at times have been unable to provide information on the legal basis for applying the code, or where there is a lack of legal notification or translation. In Istanbul and in Ankara there is no specific profile of the people being assigned codes, anyone can be assigned a code, even Canadian, Americans or Europeans including Germans, British,

In many cases, Turkish Administrative Court rulings annulling the issuance of a security restriction code are later overturned by higher instance courts. In a January 2019 ruling, the Turkish Constitutional Court declared lack of jurisdiction to rule on a complaint concerning the cancellation a code.

Turkish Sports Law, International and Turkish Arbitration and Mediation

Our team of Turkish sport lawyers and Turkish  arbitration attorneys  provide  a consultancy service on management of the process of corporatization of sports clubs, follow-up of amalgamation, separation and other legal proceedings of companies, and preparation of agreements signed between sportspersons, technical directors, managers, representatives and Turkish sports clubs in all professional sports fields in addition to preparation of all kinds of agreements regarding publication, sponsorship, advertisement and privacy etc.

Furthermore, as  Turkish sports law experts ,  Turkish barristers and solicitors  we represent its clients in disputes submitted to the European Court of Human Rights (ECHR) and in actions within the Court of Arbitration for Sport (CAS) when required, and manages the procedure for collection of international receivables abroad for sportspersons transferred, and for collection of rights and receivables within the country for sportspersons from sports clubs.

Recognition and Enforcement of Foreign Court Judgements

Turkish civil and commercial lawyers at Kaya & Partner provide its clients from more than twenty countries with legal consultancy and representation services on recognition and approval – enforcement of foreign court decisions, international divorce, child custody and inheritance actions, international commerce and company law actions, and conflict of laws.   Turkey has also entered into bilateral treaties with or the reciprocal recognition and enforcement of foreign judgments and judicial assistance in respect of commercial and civil matters. Turkish courts recognise and enforce the judgments of many countries, such as Germany, the United Kingdom and the United States, on the basis of de facto reciprocity between these countries and Turkey. The evaluation of de facto reciprocity is conducted on a state-by state basis for the United States. We, Turkish barristers and solicitors,  have advised  clients on sources of law regarding the enforcement of foreign judgments,

The Turkish Act on Private International Law and International Procedural Law  ( the main legislation that regulates the recognition and enforcement of foreign judgments In Turkey ) the Turkish Constitution, international agreements duly put into effect bear the force of law..

Precedents of the Turkish Supreme Court are also important. However, in principle, the precedents of the Turkish Supreme Court are not binding in Turkish law apart from decisions on the unification of conflicting judgments.

Turkish Customs, Import and Export Legislations

With its experienced Turkish Customs lawyers, Turkish import and export attorneys, Kaya & Partner provides its clients with a consultancy service on disputes arising from the Turkish  customs legislation, disputes arising from the customs value of goods, disputes arising from the declaration of origin of goods, disputes arising from determination of the customs tariff statistics position of goods within the relevant scope, disputes arising from the items to be included in the value added tax to be applied to goods, disputes arising from violation of the exemption conditions, disputes arising from violation of the provisions applied for goods benefited from  the conditional exemption regimes, disputes arising from any missing or unnecessary information on the summary declaration,  disputes arising from violation of the procedural provisions determined in the customs legislation, disputes arising from declaration on the condition of goods, and disputes arising from importation of goods subjected to dumping, anti-dumping and quota applications or customs supervision.

Turkish Transportation Law and CMR Legislation

With its experienced Turkish transportation Lawyers  and CMR Legislation attorneys, Kaya & Partner provides its clients with a legal consultancy service on resolution of the legal disputes arising from the CMR, resolution of the legal disputes arising from the FCR, resolution of legal disputes arising from transport bills, resolution of legal disputes which may arise during the transport of goods, resolution of legal issues regarding international transportation and logistics, preparation of agreements used in the field of transportation, disputes regarding transport of persons and goods through air, naval and land platforms, and on the whole lawsuit process. The lawyers are advising and representing clients on    Liability of the Carrier  at CMR  Convention on the Contract for the International Carriage of Goods by Road and Under Turkish Law.  In CMR ,  obligations of any carrier, arising from the Convention and nature of his activity, are taking over the goods, making all necessary effort for preserving the goods during the carriage, and carrying the goods to their destination by a suitable means of transport, and delivering the goods to the consignee.

International and Turkish Aviation Law

Turkish aviation lawyers at Kaya and Partner are experienced on  aviation law that concerns flights, air travels  and associated legal and business concerns ( purchase and lease of aircrafts) , aviation accident  and incident claims. Some of its area of concern overlaps that of private international, the business aspects of airlines and their regulation under aviation law. Lawyers are highly trained and experienced specialists are managing the handling and legal procedures with the airlines. We offer full claims handling for air passengers affected by delayed flights, cancellations and denied boarding. If necessary, we will go to court for any passenger with a valid flight compensation claim and we don’t charge for our service until we have won the case. We also help clients to secure their compensation and reimbursement (for replacement items) for delayed, lost or damaged baggage by formulating the right legal arguments that are proven to succeed and if necessary,

 

Other Areas of Practice

European Union Law and European Court of Human Rights, E- Commerce Law, Turkish Foundation and Turkish Association Law, Bankruptcy and Insolvency, Individual Application before Turkish Constitution Court. Turkish Litigations and Mediation.  Turkish Residency permit,  Turkish ikamet and work permits

You Can Call Us :
+902165196030