Özgün Law Firm

Özgün Law Firm

Articles

Filter; ALL

APPOINTMENT OF A TRUSTEE AND THE ASSESSMENT OF APPLICATIONS FOR INTERIM INJUNCTIONS IN ACTIONS FOR THE DISSOLUTION OF INCORPORATED COMPANIES ON JUST GROUNDS

Article 531 of the Turkish Commercial Code Nr. 6102 (“TCC”) grants minority shareholders of incorporated companies the right to seek the dissolution of the company where just grounds exist.

ASSESSMENT OF REQUESTS FOR ACCESS BLOCKING IN LIGHT OF THE ANNULMENT OF ARTICLE 9 OF LAW NR. 5651 CONCERNING THE VIOLATION OF PERSONAL RIGHTS

The conditions governing the removal of online content are set forth in Articles 8 and 9 of Law Nr. 5651, while the mechanisms of access blocking or content removal for the purpose of remedying violations of personal rights committed through the internet are set out under Article 9 of the same Law.

SALE DECISIONS IN COMPANIES UNDER SDIF TRUSTEESHIP AND AVAILABLE LEGAL REMEDIES

The appointment of a trustee to administer a company is a special protective measure, as set out under Article 133 of the Code of Criminal Procedure. This measure is available only in relation to the offences exhaustively listed under the Code and may be imposed only where the statutory requirements are satisfied.

OFFENSE OF FACILITATING FOREIGN-BASED SPORTS BETTING FROM TÜRKİYE UNDER ARTICLE 5/1-B OF LAW NR. 7258

Technological advancements have led to the relocation of many economic and commercial activities to digital environments, while also enabling the organization of betting and games of chance via the internet. In this context, the ability of betting companies operating abroad to reach users located in Türkiye through their websites has significantly contributed to the proliferation of illegal betting activities in the digital sphere.

DREAMS OF A FUTURE WITH ANOTHER PERSON IN MANIFESTATION LISTS AND PERSONAL WISH NOTES: EVIDENCE AND FAULT IN DIVORCE PROCEEDINGS

The family is regarded as the fundamental unit of society, and the institution of marriage constitutes one of the most significant components of this structure protected by law. The Turkish Civil Code proceeds on the premise that marriage imposes reciprocal rights and obligations upon the spouses and accordingly regulates their duties to live together, to act in solidarity, to remain faithful to one another, and to preserve the family union.

PRIOR CONSENT IN EMPLOYMENT CONTRACTS

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.

EFFECT OF REVERSAL OF THE UNDERLYING JUDGMENT ON ANNULMENT OF DISPOSITION ACTIONS IN COURT OF CASSATION CASE LAW

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.

ASSESSMENT OF LIABILITY IN CASES OF DEFECTS AND WEAR & TEAR IN LEASED PROPERTY

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.

PROCEDURE IN ACTIONS WITH ALTERNATIVE CLAIMS

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.

DISSOLUTION OF INCORPORATED COMPANIES

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.

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.