Özgün Law Firm

Labor law is a special branch of law that takes into account the economic and social imbalance of power between employees and employers and contains mandatory provisions designed to protect employees. Due to this protective structure, freedom of contract between the parties is not absolute. In particular, in matters directly affecting employees’ fundamental rights, working conditions, and economic interests, the validity of employees’ prior consent is subject to certain limitations.

In the case law of the Court of Cassation, actions for annulment of disposition are defined as a type of action whereby assets and rights, or the values replacing them, which have been removed from the debtor’s estate with the intent to prejudice the creditor, are restored to the debtor’s estate through a lawsuit brought by the creditor whose rights have been adversely affected by such disposition, for the purpose of enabling the recovery of the claim.

Damage to or deficiencies in leased real property, whether identified at the time of delivery to the lessee or arising during the tenancy, may give rise to various legal disputes. In practice, some of the most common issues include the failure to take into account defects existing in the property at the time the lease agreement is concluded, the determination of liability for ordinary or extraordinary damage occurring during the lease term, and the allocation of responsibility for damage identified during the vacating and handover process.

In actions with alternative claims, the claimant generally bases the claims on the same factual grounds or the same legal basis. Even where the claims are founded on different facts or legal grounds, what is essential is the existence of an economic or legal connection between them. In other words, the claims are expected to pursue the same objective.

An incorporated company, which is a commercial partnership possessing legal personality, acquires its legal existence upon registration with the trade registry and loses such existence upon deregistration. However, the company’s reaching this final stage does not constitute a wholly uniform legal process; rather, it is subject to different grounds of dissolution and distinct procedural regimes.

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 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.

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 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.

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.

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.

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.