Official Gazette Publication Date and No: 12/6/2009 27256 TURKISH CITIZENSHIP LAW Law No: 5901 Adoption Date: 29/5/2009 PART ONE Objective, Scope, Definitions and the Implementation of Citizenship Services Objective Article 1 – (1) The objective of this Law is to determine the principles and the procedures regarding the conduct of affairs and processes relating to […]
Author: Mr. Gökhan Cindemir , Phd Candidate , Senior Partner Lawyer cindemir@cindemir.av.tr Article 166/3 of Turkish Civil Code permits a divorce by mutual consent under specific conditions. Accordingly, spouses can divorce based on a mutual agreement concluded by themselves. In case of a contract in contemplation of divorce, the judge must divorce the parties. Consensual […]
CUSTODY A. IN GENERAL I. Conditions ARTICLE 335. – Minor is under the custody of his/her parents. Custody shall not be taken from the parents unless there is a legal reason. Unless the judge requires to appoint a guardian, disabled majors shall also stay under the custody of their parents. II.If parents are married ARTICLE […]
International Private Law Article 48 (1) Foreign individuals or legal persons who file a lawsuit, intervene in a lawsuit, or initiate execution proceedings before a Turkish court shall be required to provide a security whose amount shall be determined by the court to cover the expenses of the legal procedures and proceedings as well as […]
Author: Mr. Gökhan Cindemir , Phd Candidate , Senior Partner Lawyer cindemir@cindemir.av.tr Article 60- (1) Final and executable or binding upon the parties foreign arbitral awards may be subject to enforcement. (2) The enforcement of a foreign arbitral award shall be requested by a petition from the Court of First Instance mutually designated by the […]
Author: Mr. Gökhan Cindemir , Phd Candidate , Senior Partner Lawyer cindemir@cindemir.av.tr The claims of compensation because of a unlawful act cease after a certain period of time. Normally the term is 2 years running from the date on which the damaged person recieved knowledge of damage and of the person who had caused the […]
Author: Mr. Gökhan Cindemir , Phd Candidate , Senior Partner Lawyer cindemir@cindemir.av.tr Personal injury liability is well described under Tort Law Definition of Turkish Obligation Code. Under Turkish Law, there must be 4 conditions for tortius liability (in other words, personal injury liability). Acts Against Law Damage Causal Relation Negligence Act Against Law If a […]
Author: Mr. Gökhan Cindemir , Phd Candidate , Senior Partner Lawyer cindemir@cindemir.av.tr In this article I tried to explained the new development in Turkish Law upon Turkish Constitution Court Decision related to rejection of 1 year statute of limitation for paternity suits in Turkish Civil Code. Creation of Parent between Child Relation can be only […]
Author: Mr. Gökhan Cindemir , Phd Candidate , Senior Partner Lawyer cindemir@cindemir.av.tr High Court 11st Council of Law Case number: 2007/1335 decision number: 2007/3808 Decision date: 02.03.2007 Subject : Enforcement of Foreign Judgment, this decision of high court states that there is reciprocity between UK and Turkey. Accordingly, this high court decision confirms in case […]
Author: Mr. Gökhan Cindemir , Phd Candidate , Senior Partner Lawyer cindemir@cindemir.av.tr As a civil based law country (continental European Law) in Turkey, enforcement of foreign judgments are entitled to specific provision in International Private Act (MOHUK). It is noteworthy to mention that Turkey is not part of European Union and accordingly Brussels Convention and […]
