Özgün Law Firm

Özgün Law Firm

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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.

DETERMINATION OF THE AMOUNT IN DISPUTE AND ITS IMPACT ON LEGAL REMEDIES IN ACTIONS ADJUDICATED IN FOREIGN CURRENCY

Article 341(2) of the Code of Civil Procedure Nr. 6100 (CCP) sets forth the monetary threshold required for filing an appeal before the regional courts of appeal. Likewise, Article 362(1)(a) of the CCP stipulates that decisions rendered in cases where the amount or value in dispute does not exceed forty thousand Turkish liras (inclusive) are not subject to appeal before the Court of Cassation.

SEVERANCE PAY UNDER THE PRESS LABOR LAW

The right to severance pay for members of the press is set out under the Press Labor Law Nr. 5953. Article 6 of the Law sets out the conditions under which journalists will be entitled to severance pay, but it has been partially annulled by the Constitutional Court.

EVALUATION OF THE ROLE OF MEDIATOR-ARBITRATOR IN MEDIATION-ARBITRATION (MED-ARB) CLAUSES

One of the dispute resolution methods that is formed by the combination of these different alternative dispute resolution methods is the Mediation Arbitration (Med-Arb) model, which is a combination of mediation and arbitration.

SUPERVISORY AUTHORITY OF THE MINISTRY OF TRADE OVER COMPANIES IN TURKISH LAW

The Ministry of Customs and Trade has various regulatory and supervisory powers to ensure that companies operating in Turkey carry out their operations in accordance with the applicable law. These powers stem from the Turkish Commercial Code Nr. 6102, the Company Audit Regulation and other related applicable regulations. The Ministry supervises companies' financial status, mergers and acquisitions, independent audit processes, compliance with consumer rights and unfair competition practices, starting from the establishment stage.

RESTRICTIONS ON SHARE TRANSFERS IN INCORPORATED COMPANIES BY ARTICLES OF ASSOCIATION

Restrictions are divided into two categories as those arising from the applicable law and those arising from the articles of association. The present analysis will focus on the restrictions arising from the articles of association. Restrictions may be included in the articles of association at the establishment of the company.