Özgün Law Firm

Özgün Law Firm

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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”).

A CONSTITUTIONAL ASSESSMENT OF THE COMMERCIAL AND ECONOMIC INTEGRITY DECISION ADOPTED BY THE SAVINGS DEPOSIT INSURANCE FUND

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.

PENALTY CLAUSE IN CASE OF CONTRACT TERMINATION

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.

A LEGAL ANALYSIS OF THE AMENDMENTS UNDER THE 11TH JUDICIAL REFORM PACKAGE

The law commonly referred to as the 11th Judicial Reform Package, namely the “Law Nr. 7571 on Amendments to the Turkish Penal Code and Some Certain Laws and Decree Law Nr. 631”, was promulgated in the Official Journal on 25.12.2025 and entered into force. In recent years, the judicial reform packages consecutively enacted in the Turkish legal system have been prepared with the aim of addressing issues that arise in practice.

THE ‘WAGE AT THE DATE OF THE CLAIM’ PRINCIPLE IN REINSTATEMENT LAWSUITS AND THE RESULTING LOSSES FOR EMPLOYEES

Job security provisions constitute one of the fundamental mechanisms aimed at preventing the arbitrary or unjust termination of an employee’s employment contract and protecting the employee in cases where the termination is deemed invalid. One of the most important instruments under these provisions is the reinstatement lawsuit, which is specifically set out between Articles 18 and 21 of Labor Law Nr. 4857. In particular, Article 21 elaborates in detail on the consequences of a dismissal made on invalid grounds.