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 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 […]
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 […]
Author: Mr. Gökhan Cindemir , Phd Candidate , Senior Partner Lawyer cindemir@cindemir.av.tr This article explains about the case related to Paternity Suits in Turkey. Results of Paternity suits will enable the mother to request financial support from the father. The current Turkish Civil Code, has regulated the paternity suit, as a legal mean having the […]
Author: Mr. Gökhan Cindemir , Phd Candidate , Senior Partner Lawyer cindemir@cindemir.av.tr Is it possible to enforce Ukraine judgments in Turkey? There is a mutual international agreement (Legal, Commercial and Judicial Cooperation Agreement between Republic of Turkey and Ukraine ratified on date of 09/07/2003 and entered into force in 22/12/2003 by publishment of National Gazette) on legal […]
Author: Mr. Gökhan Cindemir , Phd Candidate , Senior Partner Lawyer cindemir@cindemir.av.tr Representation of an applicant at the court is only possible by giving power of Attorney. In Turkish Law, representative is called as an “Attorney” and “Applicant” who will be represented called as a “Client” In Turkish Law, the power of attorney can be […]