Özgün Law Firm

Özgün Law Firm

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GENERAL ASSEMBLY OF CIVIL CHAMBERS PRECEDENT DATED 09 APRIL 2025: FULL CONTRACTUAL FEES FOR LAWYERS PREVENTED FROM FILING ADDITIONAL CLAIMS

A contract signed between a lawyer and a client also constitutes a contract of mandate. However, unlike a general contract of mandate, under the Legal Practitioners Act, “fee” is an essential element of the contract.

AN EVALUATION OF THE AMENDMENTS TO THE COMMUNIQUÉ NR. 2010/4 ON MERGERS AND ACQUISITIONS REQUIRING THE APPROVAL OF THE COMPETITION BOARD

The primary and most widely recognized function of competition law is to ensure the preservation of effective competition in markets and to prevent concentration transactions from distorting the competitive structure.

THE EVIDENTIARY VALUE OF WHATSAPP MESSAGES IN ACTIONS ARISING FROM RENTAL RECEIVABLES BY TYPE OF ACTION

With the widespread use of digital communication tools in daily life, electronic correspondence has gained increasing importance in the formation and performance of contractual relationships. In this context, it is observed that, in rental relationships, parties agree on numerous matters—such as the rental amount, rate of increase, payment date, and conditions for renewal—through digital communications rather than formal written contracts.

THE BINDING NATURE OF CONSTITUTIONAL COURT VIOLATION DECISIONS AND THEIR IMPLEMENTATION BY CIVIL COURTS

The individual application mechanism is one of the most effective constitutional safeguards for the protection of fundamental rights and freedoms. The purpose of an individual application to the Constitutional Court is to protect the fundamental rights of individuals whose rights and freedoms, as defined under the Constitution and the European Convention on Human Rights (ECHR), have been violated by public authorities, and to ensure the prevention of similar violations.

COURT OF CESSATION’S PRACTICES ON IMPROPER SERVICE OF PROCESS

In legal proceedings, proper service of process to the parties constitutes one of the fundamental elements of the right to a fair trial. In this context, service of process ensures that judicial acts are communicated to the parties and is considered one of the most important instruments of procedural law. Indeed, conducting service of process in accordance with procedural rules is essential for enabling the parties to effectively exercise their right to defense.

AN ANALYSIS OF THE LEGAL LIABILITY OF PHYSICIANS IN MEDICAL MALPRACTICE CASES

In certain circumstances, specific harms may arise when a medical intervention is not performed in accordance with the requirements of medical science. In such cases, the physician who performed the intervention, as well as the administration, may be held liable.

THE WRITTEN FORM REQUIREMENT IN THE TRANSFER OF SHARE CERTIFICATES AND A REVIEW OF THE DECISION, BEARING THE BASIS NUMBER 2024/390 AND THE DECISION NUMBER 2025/691, OF THE 21ST CIVIL CHAMBER OF THE REGIONAL COURT OF JUSTICE OF ANKARA

Article 490 of the Turkish Commercial Code Nr. 6102 sets out the transfer of registered shares in incorporated companies. Accordingly, unless otherwise provided by law or by the articles of association, registered shares may be transferred without being subject to any restriction. Therefore, unless provided otherwise, registered shares may be transferred through the assignment of receivables pursuant to Articles 183 et seq. of the Turkish Code of Obligations.

THE ON-SITE INSPECTION AUTHORITY OF THE COMPETITION BOARD SET OUT UNDER ARTICLE 15 OF LAW NR. 4054 ON THE PROTECTION OF COMPETITION

Article 15, titled “On-Site Inspection”, of Law Nr. 4054 on the Protection of Competition grants the Competition Board the authority to conduct on-site inspections at the premises of undertakings and associations of undertakings where it deems necessary for the fulfilment of the duties entrusted to the same under the Law.

ASSESSMENT OF THE CRIMINAL LIABILITY OF FINANCIAL ADVISORS IN LIGHT OF COURT OF CESSATION DECISIONS

Under tax criminal law, the offense of issuing false invoices holds significant importance both for the protection of the economic order and for ensuring fiscal discipline. Set out under Article 359 of the Tax Procedure Law Nr. 213 (TPL), this offense often appears in practice in the forms of complicity, instigation, or aiding and abetting.

ADDITIONAL TIME AND COURT OF CASSATION PRACTICE IN THE DISMISSAL OF A CASE UNDER ARTICLE 158 OF THE TURKISH CODE OF OBLIGATIONS

In substantive law, time limits are divided into statutes of limitation and prescriptions. These periods constitute fundamental institutions that serve to ensure legal certainty and stability within the legal system. By virtue of these time limits, the debtor is protected from being subjected to the threat of indefinite litigation, and the resolution of disputes within a reasonable timeframe is aimed.

DISINHERITANCE AND THE ASSESSMENT OF RESERVED PORTION RIGHTS

Certain conditions must be met for a legal heir to be disinherited through a will. The testator must be competent at the time the will is made; in other words, they must possess testamentary capacity and be at least fifteen years of age. In cases of incapacity, the will may be subject to annulment.

THE SCOPE AND LEGAL LIMITS OF THE EMPLOYER'S RIGHT TO DEMAND DRUG TESTING FROM EMPLOYEES

As well known, requesting drug tests from employees necessitates the establishment of a delicate balance between the employer's obligation to ensure occupational health and safety and the employee's right to privacy and the protection of personal data. Since drug testing directly reveals an individual's health data, it is subject to both the scope of Constitutional protection and the regime of special categories of personal data under the Personal Data Protection Law Nr. 6698 (“PDP Law”).