Articles
MALPRACTICE
In Turkish Law, the word “malpractice” is commonly used for “Medical Malpractice”. The term indicates the medical errors caused by the treatment methods that the medical professional has applied.Although bodily immunity is protected in the Turkish Constitutional Law, medical interventions present an exception. Doctors may perform risky interventions to restore the patient’s health. This risk, which is allowed in highly risky medical practices, is called as complication. More…
RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGEMENT IN TURKEY
Recognition and enforcement cases are the types of lawsuits used to make foreign court decisions valid under Turkish law. The decision of a foreign court is treated as if a local court has issued it, carrying the status of a final judgment or conclusive evidence. Recognition and enforcement cases are regulated in the second section of the Private International Law and Procedure Law (Code Number. 5718), articles 50-59. More…
WHAT ARE PASSENGER RIGHTS ON DELAYS AND DAMAGES THAT HAPPEN DURING FLIGHT?
In the event of delays or cancelation of your flight, you could receive compensation of up to 600 Euros. If you encounter denied boarding or 2+ hours of delay that is unjustified, or if your luggage is damaged or lost during the flight, the carrier company is obliged to provide you with care and/or compensation to a certain extent. By the EU Regulation 261/2004 (“Sivil Havacılık Yönetmeliği” in Turkey), the Montreal and the Warsaw Conventions, you can appeal to the legal authority as you may be entitled to compensation from the airline company.More…
JUDICIAL RECESS (JUDICIAL HOLIDAY) IN TURKEY
Judicial Holiday (Judicial vacation, called Adli Tatil in Turkish) is an important concept related to the judicial system in Turkey. The Judicial holiday refers to the period during which legal proceedings orders of the courts are suspended. The main purpose of the judicial holiday is to increase the efficiency of the judicial system and to balance the workload More…
A TERM CREATED BY TURKISH LAW DOCTRINE AND LEGAL PRECEDENT: “ADEQUATE PAY”
The term “Adequate Pay” also known as “mesne profits” in Turkish law is created under the light of doctrine and precedent rulings. the term Adequate pay is defined as “a compensation which the owner (who is not the possessor) may ask from the possessor in bad faith (the disseisor) for its unlawful occupation of the property” According to the established jurisprudence of the Turkish supreme court of appeals. This article will briefly mention what are the requirements of adequate pay, what sort of damages can be compensated, the statute of limitations, and the legal procedures.
Judgments and decisions of supreme court / supreme court of appeals More…
MEDICAL MALPRACTICE IN TURKISH LAW AND ITS LEGAL CONSEQUENCES
Within the scope of Turkish law, medical malpractice or medical fault is a situation in which the patient suffers damage in the event of a violation of medical standards in various ways in any of the medical practice processes such as diagnosis, treatment and organizational obligations of physicians and other healthcare personnel More…
LEGAL PROCEDURE TO BE APPLIED IN CASE OF AN ACCIDENT WITH A FOREIGN LICENSE PLATE VEHICLE IN TURKEY
The Green Card is a document used to protect those who are injured as a result of accidents caused by foreign license plate vehicle owners during their travels in countries included in the green card system. The green card offers protection equivalent to the member country’s Motor Vehicle Compulsory Liability Insurance. Every foreign-registered vehicle entering the borders of the country must have this document. More…
SALARY PAYMENT IN FOREING CURRENCY UNDER TURKISH LABOUR LAW
The sudden depreciation of the Turkish lira in the summer of 2018 forced the Turkish government to take certain measures. Restricting payment of salaries and payment based contracts in foreign currency was one of the measures to reverse the situation.
In fact the President of the Republic of Turkey restricted the use of foreign currency denominated or indexed payments for certain types of contracts among Turkish residents The Restriction also applies retrospectively, and therefore any existing contracts, which would fall within its scope, must be re-visited and the amounts therein converted into Turkish Lira. More
This article we aim to explain and review Deportation Law and Case laws , Turkey, and the complaint procedure before the Turkish Constitutional Court under new law called protection on foreigners and related regulations and security-related codes for deportation such as G82 , G87, G89 , N82 etc. More
TURKISH CITIZENSHIP BY MEANS OF INVESTMENT
The new regulation of Turkish Citizenship by Investment came into force in 2018. There are some requirements in the law such as ;
1) Within the scope of this regulation, Turkey will grant citizenship to foreigners who buy any type of real estate in Turkey worth at least $250.000 under the condition that the property is not sold for at least 3 years. As a foreign investor More
CONSTITUTIONALITY REVIEW AND INDIVUAL APLICATION TO THE TURKISH CONSTITUTION COURT
The Plenary of the Turkish Constitution Court shall examine the constitutionality, in respect of both form and substance, of laws, Presidential decrees and the Rules of Procedure of the Grand National Assembly of Turkey. Constitutional amendments shall be examined and verified only with regard to their form. More
Mediation is an extrajudicial and alternative dispute resolution procedure in which the parties -including Turkish citizens and foreigners – discuss their disputes and the disputes are resolved with the assistance of an objective and experienced third party (mediator). In accordance with the Turkish Law on Mediation in Civil Disputes (HUAK), mediation shall be applied in private civil disputes arising from all acts and proceedings More
REAL ESTATE, PROPERTY AND CITIZENSHIP LAW IN TURKEY
In the two last decades the Turkish real estate investments started booming especially in Istanbul and nearby cities of Marmara Region such as the suranfings of new Istanbul Airport and Canal Istanbul, District of Arnavutköy, City of Yalova, Izmit (Kocaeli) Sakarya (Adapazari) and Bursa. However due some issues construction business and effects of COVID 19 the sector is a bit slow down. More
THE DEPORTATION OF FOREIGNERS, THE RESTRICTION CODES, AND THE RULES OF PROCEDURE IN TURKEY
In our study, we examine the procedures on the appeal for cancellation of the restriction codes for foreigners, deportation, and invitation to leave Turkey within the scope of the administrative proceedings implemented by the Turkish Ministry of the Interior, the Immigration Authority, and Governorates, and necessary applications to be made to the relevant authority in such cases. More
ALIMONY TYPES OF ALIMONY – TURKISH FAMIL LAW
Alimony is a legal obligation on a person to provide financial support to their spouse before or after marital separation or divorce. According to the Turkish Civil Code, there are two kinds of alimony. The first of these is ”care” alimony, its aim is to protect the joint interest of the family institution. To ensure that the parties support each other and the joint child. Within this scope, Care Alimony is divided into two as “Child Maintenance” and “Welfare Allowance (Poverty Alimony)”. More
DIVORCE LAWSUITS (FAMILY LAW) IN TURKEY – ENG 18.4.20
There are two kinds of divorce procedures in the Turkish Civil Code. The first of these procedures is the “uncontested divorce”. This procedure takes place when agreements about all the issues that can be considered under the umbrella of marriage union are provided with a written protocol and accepted before the judge. The other procedure is the “contested divorce,” which takes place when the parties cannot agree on common ground. More
COVID-19 KİRA SÖZLEŞMELERE ETKİSİ
COVID-19 ULUSLARARASI SATIM SÖZLEŞMELERE ETKİSİ
Coronavirüs, çok kısa bir sürede tüm dünya genelinde hızla yayılarak olumsuz kümülatif etkilere neden olmuş, toplumsal yaşam dengesini doğrudan etkilemiş, ekonomik ve sosyal anlamda yıkımlara yol açmıştır. Bu kapsamda Dünya Sağlık Örgütü (WHO), 12.03.2020 tarihli kararında, Coronavirüs salgınını “Pandemi” (Küresel Salgın) olarak ilan etmiş ve küresel risk seviyesini “yüksek”ten “çok yüksek” kategorisine çıkartmıştır. Ülkeler, More
COVID-19 PANDEMİSİ VE 6284 SAYILI KANUN KAPSAMINDA ALINACAK TEDBİRLERE DAİR İNCELEME*
Yeni Coronavirüs (COVID-19), ilk olarak Çin’in Wuhan eyaletinde Aralık ayının sonlarında solunum yolu belirtileri (ateş, öksürük, nefes darlığı) gelişen bir grup hastada yapılan araştırmalar sonucunda 13 Ocak 2020’de tanındı. 1 Salgın başlangıçta bu bölgedeki deniz ürünleri ve hayvan pazarında bulunanlarda tespit edildi ve daha sonra insandan insana bulaşarak Wuhan başta olmak üzere Hubei eyaletindeki diğer şehirlerden dünyanın More
COVID-19 SÜRECİNDE KAR PAYI DAĞITIMINA SINIRLAMA
COVID-19 nedeniyle alınan önlemler kapsamında 7244 Sayılı Yeni Koronavirüs (COVID-19) Salgınının Ekonomik ve Sosyal Hayata Etkilerinin Azaltılması Hakkında Kanun İle Bazı Kanunlarda Değişiklik Yapılmasına Dair Kanun, 17 Nisan 2020 tarihinde 31102 sayılı Resmî Gazete’de yayımlandı ve yürürlüğe girdi. İşbu Torba Kanun uyarınca, aşağıda açıklayacağımız üzere kâr payı dağıtımına sınırlamalar getirilmiştir. More