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How to Evict a Tenant Who Does not Pay the Rent? 2 December 2019
One of the most encountered problems of rental law in terms of the owners is the evacuation of the tenant who does not pay the rent and the collection of the rent due. The lease agreement is regulated in the Turkish Code of Obligations No. 6098 (“Law”) and in terms of this code and some related codes, there are legal remedies for evacuation of tenants who do not pay their rent.
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Substantial Variations in the Working Conditions Which Have Negative Impacts on the Employee 28 November 2019
According to the 22nd article and 1st paragraph of Labour Law numbered 4857 (“Law”), “Any change by the employer in working conditions based on the employment contract, on the rules of work which are annexed to the contract, and on similar sources or workplace practices, may be made only after a written notice is served by him to the employee. Changes that are not in conformity with this procedure and not accepted by the employee in written form within six working days shall not bind the employee. If the employee does not accept the offer for change within this period, the employer may terminate the employment contract by respecting the term of notice, provided that he indicates in written form that the proposed change is based on a valid reason or there is another valid reason for termina...
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Conciliation Pursuant to Article 35/A of the Attorney’s Act 25 November 2019
It is a known fact that many companies have difficulty in payment due to the economic problems experienced in our country in recent period and that the product and service supplier companies have problems collecting debts. At this point, one of the safest ways for the debtors who are willing to pay their debts but need a different payment schedule and for the creditors who do not want to pursue a long and costly litigation processes in order to collect their debts is reconciliation pursuant to Article 35/A of the Law “Attorneys’s Act” numbered 1136. The reconciliation process is carried out with the participation of the attorneys of the parties and it is a highly preferable way both because the signed agreement can be enforced as a court order in accordance with the Enforcement and Bankrup...
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Scope of the Data Controller’s Obligation to Inform 21 November 2019
Data Controller refers to the natural or legal person who determines the purpose and means of processing personal data and is responsible for establishing and managing the data registry system. Legal persons are themselves considered to be the data controller within the scope of their activities regarding the processing of personal data.
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Can Claims Arising From the Contracts That Includes Arbitration Clause Be Subject To Bankruptcy Proceedings? 20 November 2019
The parties may decide to settle the disputes that have arisen or may arise between them within the frame of determined country law and by the arbitrators that they have agreed by putting an arbitration clause to the contract signed between them or by concluding separate arbitration agreement instead of ordinary state judiciary. Article 4 of the International Arbitration Act (“IAA”) no. 4686 defined the arbitration agreement on the basis of the definition in article 2/1 of The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”) dated 1958. Pursuant to this article, arbitration agreement is defined as: “an agreement that is concluded so as to settle all or some of disputes that have been arised or may arise from an existing legal relatio...
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Adaptation Problem In Foreign Currency Indexed Consumer Loans 18 November 2019
Reflections of the economic crisis that has affected the world are particularly encountered in Turkey in the use of foreign currency indexed consumer loans. The reason why the foreign currency indexed loans is preferable is that the interest rate and hence the amount of installments to be paid is low and in short, the loan is more payable.
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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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Capital Increase From Internal Resources In Joint Stock Companies 11 November 2019
The legislator directs the companies more particularly to internal resources in order to increase their capital, aiming to protect the shareholders. Hereby, it is aimed to restrain the companies from increase their capital by directing to external sources with the idea that the capital to be increased from internal resources will be insufficient.
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What are the General Principles and Related Decisions in Accordance with the Law on Protection of Personal Data? 24 October 2019
Pursuant to Personal Data Protection Law No. 6698 (“Law”), the Personal Data Protection Board (“Board”) may examine violations in two ways. The first way is the investigation upon the complaint of the data subject; whereas, the second way is when the Board learns about the alleged violation, it shall examine the matters falling within the scope of its official duty.
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How to Collect Receivables from Turkey 10 October 2019
If a receivable is born through legal means, the creditor shall take legal action in order to collect receivables. The way of such collection from Turkey depends on the type of document issued for the receivable. Accordingly, other than filing an action of debt in the Commercial Court of First Instance; there are three ways of collecting receivables; as through enforcement with judgement and without judgement, and via the way of collection specific to the bills of exchange.
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