Özgün Law Firm

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 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.

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.

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.

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.

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.

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.

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.

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.

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”).

Pursuant to Article 134 of the Banking Law Nr. 5411, the authority granted to the Savings Deposit Insurance Fund (SDIF) to establish “Commercial and Economic Integrity” (CEI) and to sell gives rise to significant constitutional debates with respect to third-party creditors who stand in a debtor–creditor relationship.

In legal transactions, the failure of parties to perform their obligations properly and timely often renders the continuation of the legal relationship unbearable. In such cases, as a general rule, the sanctions provided under Articles 112 and et seq. of the Turkish Code of Obligations are applied.