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THE REAL PROPERTY ACQUISITION OF FOREIGN LEGAL ENTITIES IN TURKEY 25 December 2020
Foreign Legal Entity Concept When determining the foreign legal entities, it is necessary to examine them in the form of partnerships, associations and foundations. Although partnerships are legal entities established for the purpose of sharing profits in this respect, there is no profit purpose in associations and foundations. The provisions of the Turkish Commercial Code determine whether a partnership carries foreigners under Turkish law. According to this, partnerships established under Turkish law and with the headquarters in Turkey are considered Turkish partnerships, while partnerships outside Turkey are considered foreign. The branches of abroad-based partnerships in Turkey are registered as Turkish commercial enterprises and carry the nature of the foreign center.
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What Are The General Conditions of Acquiring Turkish Citizenship? Who Is Given This Right? 18 November 2019
Due to the new regulations and the conveniences introduced for the exceptional acquisition of Turkish citizenship, the matter of the conditions under which Turkish citizenship can be acquired have been occupying the agenda recently. In this context, the general conditions of acquiring Turkish citizenship and who can benefit from this right are discussed in this study.
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What is the Legal Basis of Acquiring Immovable Property in Turkey by Foreigners? 22 October 2018
What is the Legal Basis of Acquiring Immovable Property in Turkey by Foreigners? Article 35 of the Land Registry Law No. 2644 has been amended by the Law No. 6302 which entered into force on 18 May 2012. Accordingly, the condition of reciprocity with regard to acquire immovable property in Turkey by foreigners has been abolished. In this context, those countries whose citizens can acquire immovable property in Turkey in certain specified conditions, has been identified by President. With the said amendment, the Law has entitled the citizens of 183 countries to acquire immovable property “without the condition of reciprocity”. The most important reason of the said amendment is to enable Turkey for foreign investors’ acquisitions due to considerable interest to immovable property investment...
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An Alternative Dispute Resolution For Foreign Investors: ICSID 04 December 2017
The ICSID (International Centre for Settlement of Investment Disputes, “Centre”) Arbitration is a popular alternative dispute resolution system for disputes that arise between the states/the administrative bodies of states and the companies which contain foreign capital.
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Nationality of the Arbitral Awards 05 July 2017
In order to enforce foreign arbitral awards in Turkey, recognition and/or enforcement of the arbitral awards should be requested by filing a case before Turkish courts. Contrarily, local arbitral awards do not require any additional recognition and/or enforcement decision from Turkish courts to be enforceable in Turkey. In other words, local arbitral awards are directly enforceable in Turkey as of the date of rendering of the decision. Therefore, it is important to determine whether an arbitral award is foreign or local.
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Istanbul Arbitration Centre and Arbitration Rules 12 April 2017
The Istanbul Arbitration Centre (ISTAC), established by Law numbered 6570 dated 20.1.2014, is an independent, neutral and impartial institution providing efficient dispute resolution services for both international and domestic parties. The ISTAC’s dispute resolution services are available to all contracting parties, without any membership requirements.
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Can Interim Arbitral Awards Be Subject to Enforcement In Turkey? 10 November 2016
A court decision is effective in the country where the court made this decision as a consequence of sovereignty and judicial power of nations which shall not be intervened by a foreign country. However; a court decision made by foreign court can be applicable in another country if certain conditions stated in their legislation are fulfilled.
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Is Providing A Security Payment A Liability For Foreigners Who File A Lawsuit In Turkey? 09 September 2016
I. What is Security Payment? Security payment is a financial assurance which is provided by plaintiff in order to cover potential losses of the defendant which may occur at the end of jurisdiction. Security payment is regulated in both Civil Procedure Code numbered 6100 and Turkish International Private and Procedural Law numbered 5718.
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Limits of Public Order Violation Factor In Enforcement of Foreign Arbitral Awards 09 August 2016
The question how the public order violation factor in the enforcement of foreign arbitral awards is examined by the local courts and the limits of public order violation constitute the subject matter of this work. Given the judgments of Supreme Court and the doctrinal views, the public order violation factor in the enforcement of foreign arbitral awards can be divided into 4 parts generally:
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