Publications - Kasaroglu Law Office

AMENDMENT OF PLEADING AND ITS CONSEQUENCES 18 June 2021

I. What is Amendment of Pleading? a) Definition of Amendment of Pleading Amendment of pleading is a procedural action regulated in the Code of Civil Procedure. By this process, the parties have the opportunity to correct a procedural action they have made during the trial. This amendment of pleading can take place in the form of a full or partial amendment of pleading. Amendment of pleading constitutes an exception to the prohibition of expanding and changing the claim and defense, which has an important place in the Turkish Procedural Law. At this point, amendment of pleading is also a precaution against the loss of rights that the parties may suffer due to the prohibition of expanding and changing the claim and defense.

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TERMINATİON OF SUBSCRIPTION AGREEMENTS AND ITS CONSEQUENCES 17 June 2021

I. General Concept of Subscription Agreements Subscription contracts ensure that the consumer receives a certain service or good on a continuous or regular basis as determined in the contract. Today, subscription agreements are mostly seen in internet, telephone and newspaper subscriptions. Subscription agreements are mainly examined within the scope of the Law on Consumer Protection and the Ordinacne on Subscription Agreements in Turkish legal legislation. The Law on Consumer Protection also adopts a definition in parallel with the above explanation. According to the the law, subscription contracts are “agreements that enable the consumer to obtain a certain good or service continuously or in regular intervals”.

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WHAT IS THE EXCLUSIVE-DEALING ARRANGEMENT AND ITS SCOPE? 11 June 2021

I. General Concept of Exclusive-dealing Arrangement An exclusive-dealing arrangement is an atypical agreement with a single seller party to sell goods produced by a manufacturer/producer in a specific geographic area. In practice, expressions such as "dealership agreement" or "distributor agreement" are also included instead of the exclusive-dealing arrangement. In this context, the exclusive-dealing arrangement is a contract between the manufacturer and the exclusive seller, which has the character of being a framework and includes the element of continuity. With this contract, the producer is obliged to send the goods that are produced to the exclusive-dealing, while the exclusive-dealer is obliged to increase the marketing level and sales of the goods in the relevant geographical regio...

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RELATIVE GROUNDS FOR REFUSAL IN TRADEMARK REGISTRATIONS 9 June 2021

General Concept of Relative Grounds for Refusal in Trademark Registrations Relative grounds for refusal in trademark registration are regulated in Article 6 of the Industrial Property Code (IPC) No. 6769. Unlike absolute refusal reasons, in trademark registration, relative refusal grounds aim to protect the interests of the owner of the brand whose trademark has been registered or requested for registration before, while absolute refusal grounds aim to protect the public interest. Unlike absolute refusal reasons, since relative refusal reasons do not aim to protect the public interest, the existence of relative refusal reasons will only be subject to examination upon the objection of the owner of the trademark. In this respect, the relative grounds of refusal are not considered among the ...

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HOW ARE THE TAX APPLICATIONS ON SHARE TRANSFERS IN JOINT STOCK AND LIMITED COMPANIES? 18 May 2021

WHAT ARE THE ISSUES TO CONSIDER ABOUT INCOME TAX ON SHARE TRANSFERS IN JOINT STOCK AND LIMITED COMPANIES? As it is known, many financial regulations have recently been introduced in order to encourage foreign capital to invest in the developing Turkish economy and thereby contribute to the country's economy. In this context, it is a known fact that domestic companies and investors operating in our country are seeking foreign capital to contribute to their economic activities. However, some difficulties are faced in the transfer of some shares of Turkish companies, which is one of the primary ways of incorporating foreign capital into the country's economy, to foreign persons or companies.

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THE USE OF FOREIGN CURRENCY LOAN BY RESIDENTS OF TURKEY WHO HAVE FOREIGN EXCHANGE INCOME 7 May 2021

Regulations on foreign and domestic use of foreign currency loans are regulated within the scope of the Capital Movement Circular ("Circular") dated 2 May 2018. The Circular has been prepared by the Central Bank of the Republic of Turkey based on Decree No. 32 on the Protection of the Value of Turkish Currency and Article 16 of the Communique on the Decision No. 32 on the Protection of the Value of Turkish Currency.

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THE USE OF FOREIGN CURRENCY LOANS FROM ABROAD BY RESIDENTS IN TURKEY WITHOUT FOREIGN EXCHANGE INCOME 5 May 2021

Regulations on foreign and domestic use of foreign currency loans are regulated within the scope of the Capital Movements Circular ("Circular") dated 2 May 2018. The Circular has been prepared by the Central Bank of the Republic of Turkey on the basis of the Decree No. 32 on the Protection of the Value of Turkish Currency and the Article 16 of the Communiqué on the Decision No. 32 on the Protection of the Value of Turkish Currency.

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ADMINISTRATIVE MEASURES AND SANCTIONS TAKEN DURING THE COVID-19 PANDEMIC 30 April 2021

In order to prevent the COVID-19 epidemic that continues all over the world and causes deaths with serious health problems, it is seen that many administrative measures have been taken in Turkey as well as all over the world. In this context, it is seen that many measures such as the curfew, the obligation to wear a mask, the closure of workplaces, and the imposition of restrictions on travel between cities are inherently limited by the constitutional fundamental rights and freedoms. The main issue to be examined is the legality of the measures in question. On the other hand, in addition to the measures applied to combat the epidemic, with the start of the production and distribution of the COVID-19 vaccine worldwide, the debate on whether vaccination can be made a mandatory practice by th...

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THE GOVERNMENT INCENTIVES AND ASSISTANCE FOR INVESTMENTS IN TURKEY 29 April 2021

In case certain criteria of the investments made in Turkey are met, some government assistances are provided in order to encourage these investments. The scope of government assistances and incentives is basically determined within the framework of the "Decision No. 2012/3305 on Government Assistances in Investments" and "Communiqué on the Implementation of the Decision No. 2012/1 on Government Assistances in Investments". The purpose of these assistances is to reduce the current account deficit and imports, to support investments that will provide technological transformation, to support investments in less developed regions, and to reduce regional development disparities.

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CAN EMPLOYERS MANDATE COVID-19 VACCINE FOR EMPLOYEES? 2 February 2021

Following the vaccine developments related to the Covid-19 epidemic, which affected the whole world, the most important issue on the agenda was the indecisions about the vaccine and whether the vaccine could be compulsory for citizens by the countries. On the other hand, aside from the discussions on making the vaccine mandatory regarding Covid-19 with government policies; considering the negative effects of the epidemic in commercial life, it is also important to examine whether the employers can impose vaccination obligations on their employees and whether the employment contracts of employees who do not agree to be vaccinated can be terminated for justified reasons.

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