Özgün Law Firm

Özgün Law Firm

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AN ANALYSIS OF WORK IN EXCESS OF AGREED HOURS IN PART-TIME EMPLOYMENT AND ACTIONS FOR DETERMINATION OF PERIOD OF SERVICE

Part-time employment is recognized where an employee’s weekly working hours are determined to be substantially shorter than full-time working hours. In practice, numerous problems arise where a part-time employee performs work in excess of the agreed working hours.

STOCK AMNESTY IN COMPANIES

Stock amnesty in companies is not strictly a legal or technical term, but rather a tax measure that provides an opportunity to adjust and bring discrepancies between actual (physical) inventories and those recorded in accounting books into the records without exposure to any penalties or severe sanctions. It is generally included within “restructuring/tax amnesty laws” enacted by the state.

DISSOLUTION AND LIQUIDATION OF LIMITED LIABILITY COMPANIES

The termination of the legal existence of limited liability companies under the Turkish Commercial Code Nr. 6102 (“TCC”) consists of a two-stage structure: dissolution and liquidation. Upon the completion of the liquidation process, the legal personality of the company ceases with the deregistration of the trade name from the trade registry.

THE LIMIT OF THE RIGHT TO DIVIDENDS IN INCORPORATED COMPANIES: NON-ANNULMENT BY THE COURT OF A RESOLUTION NOT TO DISTRIBUTE DIVIDENDS

The most important and fundamental objective of incorporated companies is to generate profit at the end of their operating periods and to distribute such profit obtained. This objective has a nature that cannot be waived or eliminated. However, this does not mean that every profit earned must necessarily be distributed.

OBSTRUCTION OF ON-SITE INSPECTION, PERSONAL DEVICES AND LIABILITY: A REVIEW OF THE COMPETITION BOARD’S DECISION NR. 24-23/533-224

Under enforcement of competition law, the power to conduct on-site inspections is regarded as one of the most effective tools available to the authority for monitoring market conduct and uncovering infringements. Set out under Article 15 of Law Nr. 4054 on the Protection of Competition, this power plays a critical role particularly in detecting covert violations such as cartels and the abuse of a dominant position.

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.