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Articles and Current Developments

Our writing on frequently asked questions and settled case law, from enforcement and debt recovery to family law.

Objecting to Enforcement Proceedings: Deadlines, Procedure and Consequences

Objecting to Enforcement Proceedings: Deadlines, Procedure and Consequences

How many days do you have to object to a payment order, where and how is it filed, and does it halt proceedings? Consequences for creditors and debtors.

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Action for Annulment of Objection and Compensation for Denial of the Debt

Action for Annulment of Objection and Compensation for Denial of the Debt

What creditors can do when a debtor objects to a payment order: requirements and deadline of the annulment action and the 20 percent denial compensation.

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Which Assets Cannot Be Attached? Salaries, Pensions and Household Goods

Which Assets Cannot Be Attached? Salaries, Pensions and Household Goods

Assets exempt from attachment, the one-quarter rule for salary attachment, the status of pensions and what to know about attachment of a home.

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Negative Declaratory Action: How Do You Prove You Do Not Owe a Debt?

Negative Declaratory Action: How Do You Prove You Do Not Owe a Debt?

The negative declaratory action, which can be filed before or after enforcement proceedings, along with injunctions, security and bad faith compensation.

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Action for Annulment of Fraudulent Disposition: The Creditor's Remedy When Debtors Hide Assets

Action for Annulment of Fraudulent Disposition: The Creditor's Remedy When Debtors Hide Assets

How can transfers and gifts a debtor made before attachment be set aside? The certificate of insolvency requirement, the five-year deadline and outcomes.

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Creditors' Rights in Concordat Proceedings

Creditors' Rights in Concordat Proceedings

What happens when your debtor files for concordat? The moratorium, filing claims, the commissioner, voting on the plan and the position of secured creditors.

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How to Obtain a Certificate of Inheritance (Veraset İlamı)

How to Obtain a Certificate of Inheritance (Veraset İlamı)

Is a certificate of inheritance obtained from a notary or a court, which documents are needed, and how can it be challenged or annulled?

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Partition Action (İzale-i Şüyu)

Partition Action (İzale-i Şüyu)

Dividing real property held in shared or joint ownership by sale or by division in kind, the court process and the costs involved.

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Eviction Through Enforcement Proceedings for Unpaid Rent

Eviction Through Enforcement Proceedings for Unpaid Rent

The 30-day payment order for unpaid rent, objection deadlines, eviction orders from the enforcement court and enforcement of eviction undertakings.

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Applying to the Consumer Arbitration Committee: Steps, Deadlines and Outcomes

Applying to the Consumer Arbitration Committee: Steps, Deadlines and Outcomes

How to apply to the consumer arbitration committee, which disputes it covers, how long a decision takes and how to challenge the decision.

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Debt Recovery for Companies: From Formal Notice to Attachment, Step by Step

Debt Recovery for Companies: From Formal Notice to Attachment, Step by Step

The right sequence for collecting commercial receivables: documents, formal notice, choice of proceedings, objections, attachment and reporting.

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Withdrawing an Uncontested Divorce Case Does Not Mean Forgiveness

Withdrawing an Uncontested Divorce Case Does Not Mean Forgiveness

Court of Cassation: withdrawing an uncontested divorce case filed under Article 166/3 of the Civil Code does not mean earlier events were forgiven.

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Whether Money Paid to Domestic and International Truck Drivers for Each Trip Is a Travel Allowance or Wages/Bonus

Whether Money Paid to Domestic and International Truck Drivers for Each Trip Is a Travel Allowance or Wages/Bonus

SUMMARY: The Court of Cassation assembly considered whether money paid to truck drivers for each trip is a travel allowance or wages/bonus…

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Tax Penalties: The Report Must Be Attached to the Tax Notice

Tax Penalties: The Report Must Be Attached to the Tax Notice

Under the Tax Procedure Law (No. 213), the report behind an assessment must be attached to the tax notice so the taxpayer can mount a defense.

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Does the Coronavirus Constitute Force Majeure? Can a Rent Adjustment Be Requested?

Does the Coronavirus Constitute Force Majeure? Can a Rent Adjustment Be Requested?

Does the coronavirus constitute force majeure? Can an adjustment of the rent be requested…

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Protection of Employees' Personal Data

Protection of Employees' Personal Data

Data is the most important source of power in the digital age. How KVKK protects employees' personal data and what employers must do.

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An Employee Insulting Another Employee

An Employee Insulting Another Employee

Under the Labor Law, an employer may terminate an employment contract for just or valid cause in certain cases, as set out in Article 25…

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Should a Sale Be Requested While a Third-Party Ownership Claim Against an Attachment Is Pending?

Should a Sale Be Requested While a Third-Party Ownership Claim Against an Attachment Is Pending?

The requirement that attached property belong to the debtor is of great importance for a debt to be deemed lawfully collected…

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Personal Liability of the Heirs of a Deceased Limited Liability Company Partner for the Company's Public Debts

Personal Liability of the Heirs of a Deceased Limited Liability Company Partner for the Company's Public Debts

Y.D., whose heir the applicant is as surviving spouse, was a 50% partner and authorized manager of a limited liability company when he died in 2004…

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Personal Liability of Board Members for a Joint Stock Company's Public Debts

Personal Liability of Board Members for a Joint Stock Company's Public Debts

The public administration must follow a specific procedure before piercing the corporate veil to pursue board members. Act quickly in such disputes.

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The Right of a Betrayed Spouse to File for Divorce

The Right of a Betrayed Spouse to File for Divorce

Adultery is the foremost specific ground for divorce. Under Article 161 of the Civil Code, if one spouse commits adultery, the other may file for divorce…

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What Can Be Used as Evidence in Divorce Cases?

What Can Be Used as Evidence in Divorce Cases?

In divorce cases, the parties accuse each other of fault, and the plaintiff must prove its claims. Because these cases concern family life…

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The Tax Problem with Real Property Subject to De Facto Expropriation

The Tax Problem with Real Property Subject to De Facto Expropriation

Whether the owner can be asked to pay real estate tax on property subject to de facto expropriation by the administration, and related court decisions.

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Converting a Rental Agreement Denominated in US Dollars into Turkish Lira

Converting a Rental Agreement Denominated in US Dollars into Turkish Lira

A Presidential Decree on protecting the value of the Turkish lira requires contracts made in foreign currency to be converted into TL within one month…

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Compensation Claims for Unjust Reports and Complaints

Compensation Claims for Unjust Reports and Complaints

Damages for false reports and complaints that harm personality rights, the limits of the right to complain and Court of Cassation case law.

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Can an Action for Termination of Alimony Be Filed?

Can an Action for Termination of Alimony Be Filed?

When can poverty alimony or child support be terminated or reduced? Remarriage, the end of financial need, court procedure and interim measures.

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Trademark Infringement Disputes in Internet Domain Name Registration

Trademark Infringement Disputes in Internet Domain Name Registration

The international reach and widespread use of the internet have driven the growth of commercial life and of international trade…

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Access to a Lawyer in Police Custody and Violation of the Right to a Fair Trial

Access to a Lawyer in Police Custody and Violation of the Right to a Fair Trial

Why denying access to a lawyer in police custody violates the right to a fair trial under Article 6(3)(c) of the ECHR, with key ECtHR judgments.

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