Author: Mr. Gökhan Cindemir , Phd Candidate , Senior Partner Lawyer cindemir@cindemir.av.tr This article is aimed at explaining current provision and practice of enforcement and Recognition of Foreign Arbitral Awards in Turkey. New York Convention and Turkish Private Law and Procedure Act (Called MÖHUK in Turkey, International Private Law and Procedure Act) related to enforcement […]
Author: Mr. Gökhan Cindemir , Phd Candidate , Senior Partner Lawyer cindemir@cindemir.av.tr As in common law countries, Turkish Law also covers damages stemming from death involved incidents by third parties. Traffic Accidents, Construction Accidents and other death involved accidents caused by third parties are subjected to Turkish Tort Law and also Criminal Law. Wrongful Death […]
Author: Mr. Gökhan Cindemir , Phd Candidate , Senior Partner Lawyer cindemir@cindemir.av.tr The employment contract may be terminated in several way; By the consent of the parties about terminating the contractual relation. By the death of the employee (Code of Obligation) Due to Deadline of the Contract Termination of Labor Contract with notification In case […]
LABOUR ACT OF TURKEY Law No. 4857 Date of enactment: 22.05.2003 Published in the Official Gazette 0n 10 June 2003 CHAPTER ONE General Provisions Purpose and Scope: Article 1. The purpose of this Act is to regulate the working conditions and work-related rights and obligations of employers and employees working under an employment contract. With […]
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 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 […]