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Articles

40 informative articles across 8 legal practice areas. Use the filter to find your topic.

Protection of Personality Rights

Personality rights protect values inseparably linked to a person — name, honour, private life, and bodily integrity. Violations may attract civil and criminal consequences.

Attacks on honour and reputation may give rise to a claim for non-pecuniary damages
Online violations may be addressed by a content-removal or access-blocking order
Privacy breaches open both civil and criminal avenues
An interim injunction may be sought to stop ongoing harmful publication
Documentation and witness support are decisive in personality-right disputes

Time limits apply; obtaining legal advice before the limitation period expires is strongly recommended.

Contract Types and Binding Force

Turkish law grants broad contractual freedom, but every binding agreement must meet specific requirements set out in the Code of Obligations.

Consent, legal capacity, and legality are the founding elements of a valid contract
Where a written form is required, oral agreements become contentious
Mistake, fraud, or duress may render a contract voidable
Gaps in a contract are filled by statute and the principle of good faith
Penalty clauses may be reduced by the court if found excessive

Read every clause before signing, and seek legal advice on any term that is unclear or unusual.

Tort Liability and Compensation

Where an unlawful act causes harm to another, tortious liability arises. Both pecuniary and non-pecuniary compensation may be claimed.

The four elements are: fault, unlawfulness, damage, and causal link
Strict liability applies to hazardous activities — no fault need be proven
Pecuniary loss covers actual damage and loss of profit
Non-pecuniary damages are assessed at the court's discretion
The general limitation is two years from knowledge, ten years in all events

Preserve records, photographs, and witness statements from the moment of the incident — they will be essential later.

Limitation Periods

Missing the deadline to bring a claim can permanently bar access to a legal remedy. Each type of dispute has its own limitation rules.

General contractual limitation: ten years; between merchants: five years
Tort claims: two years from knowledge of the harm
Rent arrears: five years
The limitation defence must be raised at the outset of proceedings
In some cases limitation is suspended or interrupted — these details matter greatly

An error in calculating the limitation period can cause irreversible loss of rights; early legal advice is essential.

Custody and Guardianship

Custody (velayet) protects minor children; guardianship (vesayet) protects individuals under legal incapacity. Both are subject to court supervision.

Custody may be awarded to one parent or jointly to both
The court's sole criterion is the best interests of the child
Custody orders can be varied when circumstances change
Acts on behalf of a ward require the approval of the guardianship authority
Incapacity orders restrict legal capacity on grounds specified by law

Because custody and guardianship decisions directly affect quality of life, every step should be carefully documented.

Contested and Uncontested Divorce

Divorce may be obtained by agreement or through contested proceedings. Uncontested divorce is faster; contested divorce is evidence-intensive and can take years.

Uncontested divorce requires at least one year of marriage
The parties jointly submit a protocol covering custody, alimony, and property
Contested divorce requires proof of grounds such as fault, violence, or desertion
The divorce order cannot change civil-status records until it is final
During contested proceedings, interim measures protect the parties' positions

Learn your legal rights before making any decisions — emotional choices made in haste can have long-lasting consequences.

Alimony Types and Calculation

Turkish law provides three main types of alimony: poverty alimony, contributory alimony for children, and interim alimony during proceedings. Each has distinct conditions and calculation rules.

Poverty alimony is paid post-divorce to the financially disadvantaged spouse
Contributory alimony is paid by the non-custodial parent toward child expenses
Interim alimony may be claimed during the divorce proceedings
The amount is proportionate to the parties' economic situation and the child's needs
Increases or reductions can be sought when circumstances change significantly

A documented income-and-expenditure statement and professional assessment are key to establishing a fair alimony figure.

Matrimonial Property Regime

The default regime under Turkish law is participation in acquired property. Spouses may choose a different regime by agreement before or during marriage.

Property acquired during the marriage is generally divided equally on divorce
Inherited assets and gifts are classified as personal property
Alternative regimes (separation, shared separation) require a notarised agreement
On divorce, the net increase in each spouse's acquired property is calculated for division
Collusive transfers of assets may be challenged with a sham-transaction claim

Property regime selection and liquidation is a technical process; taking legal advice before or during marriage reduces the risk of future disputes.

Child Custody on Divorce

The court's sole standard in custody decisions is the best interests of the child. Financial capacity, living conditions, and emotional bond are all weighed.

The views of children aged eight and over are taken into account
Joint custody is possible but its practical conditions require careful consideration
The non-custodial parent retains contact (visitation) rights
International travel requires the non-custodial parent's consent
Emergency measures can be sought when the child's welfare is at risk

School records, health documents, and evidence of the child's social environment carry significant weight in custody proceedings.

Adoption Process

Adoption is a thorough administrative and judicial process centred on the child's best interests. The statutory requirements are detailed.

The adopter must be at least eighteen years older than the adopted child
Married couples adopt jointly; single persons may adopt alone
The consent of the biological parents is generally required
A social investigation report is a key document in court proceedings
Foreign nationals face additional administrative requirements

Because adoption requires coordination with multiple authorities, obtaining legal support from the outset is strongly advised.

Renunciation of Inheritance

Heirs may renounce an inheritance to protect themselves from the deceased's debts. The right must be exercised within a strict time limit and in accordance with procedural rules.

The renunciation period is three months from learning of the inheritance
It is made by written or oral statement before the civil court of peace
After renunciation, the estate passes to the next lawful heir
An expert can be engaged to determine whether the estate is insolvent
An heir who has acted as though accepting the estate loses the right to renounce

Missing the deadline is irreversible; if there is any uncertainty about the deceased's debts, legal advice should be obtained immediately.

Types and Validity of Wills

A will is a unilateral legal act by which a person pre-determines how their estate will be distributed after death. Turkish law recognises three types.

The official will is drawn up through a notary and offers the strongest protection
A holographic will must be written entirely by hand, dated, and signed
An oral will is valid only in exceptional circumstances (imminent death)
The testator must have legal capacity at the time of making the will
The reserved shares of forced heirs cannot be infringed — a key limiting rule

Because the validity of a will can always be challenged later, the official (notarial) form is generally recommended.

Reduction of Testamentary Dispositions

Law protects a minimum share of the estate for certain heirs. Dispositions infringing the reserved share can be reduced (abated) by court order.

Descendants's reserved share is half of their legal share
Parents' reserved share is one quarter of their legal share
A reduction claim must be brought within one year of the estate opening
Gifts and testamentary transfers are both subject to reduction
Reduction proceeds first from testamentary gifts, then from lifetime gifts

A reduction calculation cannot be made without examining transactions the deceased made during their lifetime; thorough documentary research is essential.

Fraudulent Pre-Death Transfers

Where the deceased concealed gifts to heirs by disguising them as sales or other contracts, the transaction constitutes fraudulent evasion of inheritance rights.

The allegation of fraud can be proved by any type of evidence, including witness testimony
The court examines the reality of the stated purchase price and proof of payment
Heirs may bring a title-cancellation and re-registration claim
There is no limitation period for this claim, though delay creates evidential difficulties
Enforcement records can be decisive where a sale (not a gift) is alleged

The transfer date, stated price, and payment method are all scrutinised in multi-dimensional detail; every element matters.

Estate Distribution

Where there are multiple heirs, the estate is managed jointly until distributed. If the heirs cannot agree, the court may order partition.

An estate partition agreement requires the participation of all heirs in writing
Real property transfers on partition require the official title deed procedure
Where heirs cannot agree, a dissolution-of-co-ownership action may be brought
Until partition, certain acts require all heirs' consent
An expert can be appointed to value the estate assets

An agreed partition is faster and cheaper than court proceedings; attempting to reach consensus is always worth trying first.

Company Types and Formation

Turkish commercial law offers several company forms. The choice has decisive consequences for liability, capital requirements, and taxation.

The limited liability company (LLC) is the most common form; shareholders' liability is limited to their capital commitment
A joint-stock company requires a minimum capital of TRY 50,000 and may issue shares
An ordinary partnership requires no registration but partners are jointly and unlimitedly liable
Formation documents must be notarised and then registered with the Trade Registry
Choosing the wrong form can create heavy financial and administrative burdens later

Before forming a company, analyse the business purpose, ownership structure, and tax strategy to select the most suitable form.

Liability in Commercial Contracts

Contracts between merchants are governed by the Turkish Commercial Code in addition to general obligations law. Limiting or excluding liability requires careful attention.

Merchants owe each other a standard of commercial care
Penalty clauses may be freely agreed but the court can reduce them
Commercial instruments (cheques, promissory notes) can be enforced without equitable considerations
Agency and distributorship agreements involve specific rules on non-competition and termination compensation
Mediation is now a mandatory pre-condition before bringing a commercial claim

Clear and unambiguous contract terms are the strongest protection in any future dispute.

Withdrawal and Expulsion of Partners

The exit of a partner from a company — whether voluntary or forced — generates important legal consequences. Managing this process correctly protects the company's continuity.

In an LLC a partner may seek court-ordered withdrawal on just cause
Serious just cause entitles the other partners to seek expulsion through the court
The departing partner's share is valued by an expert
Exit provisions and a baseline valuation mechanism can be agreed in advance in the articles
Competing with the company may constitute just cause for expulsion

In partnership disputes, documented minutes of shareholders' meetings and the articles of association directly shape the outcome.

Bankruptcy and Concordat

Two main mechanisms exist for merchants in financial difficulty: bankruptcy and concordat. Their conditions, consequences, and effects differ significantly.

A bankruptcy order places all of the debtor's assets in the bankruptcy estate
A concordat allows the debtor to restructure debts by agreement with creditors
A concordat application requires comprehensive preliminary examination documents
Suspension of bankruptcy has been abolished; concordat has taken its place
Creditor ranking and attachment prohibitions follow separate rules in bankruptcy

For companies under financial pressure, early legal and financial assessment is vital to identifying the best course of action.

Trade Name and Trade Mark

A trade name and a trade mark are distinct legal concepts. Both distinguish a business from competitors, but the scope of protection and registration procedures differ.

A trade name is protected by registration with the Trade Registry; a trade mark requires a TurkPatent application
Using an unregistered mark offers no protection and creates risks
Non-use of a mark for five years may lead to cancellation
Similarity of name or mark can give rise to an unfair competition claim
Geographical indication registration offers additional protection for local products

Registering your trade name and mark early substantially reduces the risk of future unfair competition disputes.

Types of Employment Contract Termination

An employment contract may be terminated on just cause, valid grounds, or unlawfully. The type of termination determines the legal consequences for both parties.

Just-cause termination requires neither notice nor severance payment
Valid-grounds termination (economic or performance-based) requires notice and severance
Unlawful dismissal entitles the employee to claim reinstatement or compensation
An employee's just-cause resignation arises from unpaid wages, mobbing, or unsafe conditions
Termination notice must be in writing and state the reason clearly

Following the correct procedure before dismissal can prevent costly reinstatement or compensation claims.

Severance and Notice Pay

Severance and notice pay are significant payments due to an employee when employment ends in specified circumstances. The calculation method and entitlement conditions are set by statute.

At least one year of continuous service is required to qualify for severance pay
30 days' gross wages are paid for each completed year of service
Notice pay is due when the contract is terminated without proper notice
Notice periods range from two to eight weeks, depending on seniority
An employee who resigns generally loses the right to severance pay

To avoid calculation errors, each employment period, pay increase, and benefit should be carefully documented throughout the employment relationship.

Workplace Accidents and Compensation

A workplace accident can expose the employer to serious legal liability, even when fault is shared. Social security and civil compensation routes should be considered together.

The accident must be notified immediately to the Social Security Institution (SGK) and law enforcement
SGK classification as a workplace accident grants the employee important rights
The employee or their family may bring a claim for pecuniary and non-pecuniary damages in the labour court
The employer's failure to implement health and safety measures aggravates their liability
An actuarial expert report is decisive in calculating compensation

Photographs of the scene, witness statements, and medical records must be preserved carefully from the date of the accident.

Claims for Unpaid Wages

Where wages, overtime, annual leave pay, or bonuses are not paid, the employee may claim them through the labour court. The limitation period must be observed.

The limitation period for wage claims is five years
Overtime claims require proof of work beyond 270 hours per month
Cash payments made without documentation create evidential difficulties for the employer
Mediation is a mandatory preliminary step before the labour court
A collective bargaining agreement may entitle the employee to higher amounts

Payslips, bank transfer records, and shift schedules kept throughout employment are critical evidence in any future claim.

Annual Leave and Overtime Rights

The Labour Act regulates paid annual leave and overtime in detail. The use of these rights and claiming their monetary equivalent are subject to different conditions.

An employee who has completed one year of service earns 14–26 days' annual leave (based on seniority)
Annual leave cannot be converted to pay without the employee's consent, except on termination
Overtime must be compensated at a rate 50 percent above the ordinary hourly wage
An employee may not be required to work more than 270 hours of overtime per year
Overtime may alternatively be offset by time off in lieu

Maintaining written leave records and regular shift schedules is essential to resolving future disputes about these entitlements.

Rent Increases and Eviction

Lease disputes are among the most commonly encountered real estate matters. Rent increases, eviction notices, and deposit processes each require careful attention.

Rent increases may not exceed the legal limit; the contractual rate is binding
Serving an eviction notice through a notary simplifies later proof
Where the tenant is in default, a formal notice and then an eviction claim follow in sequence
A deposit may not exceed three months' rent
Residential leases renew automatically; the landlord must have specific grounds to terminate

Careful drafting of the lease agreement from the outset substantially reduces the risk of future disputes.

Title Deed Cancellation and Registration

Where a title deed record does not reflect reality, cancellation and re-registration may be sought. These claims involve a technically intensive evidentiary process.

Forged signatures, unauthorised powers of attorney, and sham transactions are common grounds
Where the wrong person appears on the register, the true owner brings the claim
The land registry records are the starting point for every examination
Expert reports and official registry documents are used in cancellation proceedings
Some grounds for cancellation have time limits — delay can be fatal to the claim

Taking early control of the file and assembling complete documentation is decisive in title deed disputes.

Condominium and Service Charge Disputes

The Condominium Act governs the use of common areas, cost sharing, and management rules in apartment buildings and housing estates. Service charge disputes are the most frequent issue.

Unpaid service charges can be enforced with statutory interest through debt proceedings
The management plan determines the management board's powers and cost allocation
Converting or renovating common areas requires unanimous or majority consent
Conduct that damages the value of individual units may attract sanctions
Challenges to management board decisions are brought in the civil court of peace

The management plan and meeting minutes are the primary evidence in service charge and common area disputes.

Sale Promise Agreements

A pre-contract to sell real property must be made before a notary to be valid. Registration of the promise against the title creates priority over later dealings.

A sale promise not made before a notary is null and void
A registered promise has priority over subsequent transfers
Breach of the promise entitles the other party to damages or to seek compulsory title transfer
Promises relating to off-plan units carry higher risk
A five-year limitation period applies

Before entering into a sale promise, the property's title records, legal compliance, and any registered encumbrances should be carefully checked.

Co-ownership and Dissolution

Shared ownership of a single property can create practical difficulties. Where co-owners disagree, a dissolution-of-co-ownership action may be brought.

Any co-owner may request dissolution without the consent of the others
The court first considers physical partition; if impractical, it orders a sale
The terms of any sale are determined by the court
A co-owner may participate in the auction and purchase the property
A co-owner's share can be attached by their creditors

If co-ownership is likely to continue for some time, agreeing a clear usage protocol from the outset reduces the risk of future disputes.

The Right to Complain and Report

A victim of a crime may file a complaint; anyone who learns of an offence may make a report. For complaint-dependent offences, the time limit is critical.

The complaint period is six months from learning of the act
A report may be made through the prosecutor's office or police
Withdrawal of a complaint extinguishes the proceedings for certain offences
The victim may separately pursue a damages claim regardless of the criminal outcome
A baseless complaint may itself constitute the offence of false accusation

A complaint petition should be clear, grounded in concrete facts, and supported by documentation to carry weight in the investigation phase.

Detention and Judicial Supervision

During investigation or prosecution, a suspect's liberty may be restricted. Remand in custody should be a measure of last resort; judicial supervision measures should be considered first.

Remand requires both a strong suspicion of the offence and a specific ground for detention
Judicial supervision options include a travel ban, reporting obligation, and electronic tagging
Detention periods vary by offence and are subject to regular review
The suspect or accused has the right to counsel at every stage
A challenge to a detention order is made to the criminal judge of peace

Having defence counsel in control of the file from the outset is critically important to challenging or preventing remand.

Mediation in Criminal Proceedings

Criminal mediation brings the victim and suspect/accused together through a neutral mediator to resolve the dispute. A successful mediation terminates the case.

Mediation applies to specified offences such as intentional injury, threats, and theft
The mediator is licensed and independent; neither party is compelled to agree
If agreement is reached, no public prosecution is brought or the pending case is discontinued
If the agreed amount is not paid, the case resumes
Obtaining legal advice before mediation creates more favourable negotiating conditions

Mediation offers a faster and less stressful path to resolution, but it is not advisable to proceed without legal guidance.

Fraud and Forgery Offences

Fraud and forgery carry serious custodial penalties and involve complex evidential questions. Legal representation is vital for both victim and accused.

Aggravated forms of fraud (internet, instruments, official documents) attract heavier sentences
Document forgery is separately regulated for official and private documents
Digital evidence (messages, e-mails, bank records) plays a critical role
Where the accused denies criminal intent, absence of mens rea must be demonstrated
A victim may claim damages in civil proceedings alongside the criminal case

Digital materials should be captured as screenshots and preserved in chronological order to protect evidential integrity.

Cybercrime

Unauthorised access to IT systems, data corruption, and personal data breaches are separately regulated under the Turkish Penal Code. The legal landscape in this area evolves rapidly.

Unauthorised access to an IT system is prosecuted ex officio, without a complaint
Unlawful recording and transfer of personal data constitute separate offences
Cyber-bullying and online defamation may be covered by specific provisions in addition to general defamation law
A notarised determination order may be used to preserve digital evidence securely
Access to IP addresses and server logs is time-limited — acting promptly is important

In cybercrime cases, technical evidence must be preserved immediately; acting on the day the offence is discovered is strongly recommended.

Cancellation of Administrative Acts

Unlawful administrative acts may be challenged by way of a cancellation action before the administrative court. Strict time limits apply.

The action must be brought within sixty days of notification of the act
Silence on an application for sixty days is deemed a refusal and triggers the action period
A cancellation action does not automatically suspend the act; a suspension order must be separately requested
The court reviews the act on grounds of authority, form, reason, subject matter, and purpose
Both individual acts and regulatory instruments can be challenged

Documenting the date of notification is critical — a missed deadline will cause the case to be dismissed on procedural grounds.

Expropriation and Value Assessment

A state expropriation decision gives the property owner the right to challenge it and seek a higher compensation. Failing to exercise these rights can result in significant financial loss.

An application for judicial determination of the expropriation price may be made to the civil court of peace
The expert takes into account comparable sales, planning status, and value uplift
The expropriation decision itself may be challenged before the administrative court
An objection to the price must be filed within thirty days of notification
Emergency expropriation follows a different procedure — possession is taken first

Commissioning an independent valuation at an early stage is recommended to ensure the expropriation price is set at a fair level.

Licence and Permit Disputes

The cancellation or refusal of a building permit, business licence, or other administrative authorisation can cause serious harm. These decisions may be contested before the administrative courts.

A refusal decision may be challenged within sixty days
Insufficient grounds or an unlawful condition may support a successful challenge
Cancellation of an unlawfully granted licence entitles the aggrieved party to damages
A planning change that causes loss may give rise to a compensation claim
A suspension-of-execution order is important to keep the business running during proceedings

Keeping a written record of all correspondence with the authority is the strongest evidence in any permit dispute.

Challenging Disciplinary Sanctions

Disciplinary sanctions imposed on civil servants and professionals may be challenged through administrative courts. Procedural errors can result in the sanction being set aside.

An administrative objection must be lodged first, then an action before the administrative court
Failure to allow the person to exercise their right of defence is in itself sufficient grounds for cancellation
Disproportionality between the sanction and the act falls within the scope of judicial review
Limitation periods and date inconsistencies may also be relied upon
A rejection by the superior authority restarts the period for bringing a court action

Obtaining legal assistance at the start of the disciplinary investigation provides a significant advantage in the defence phase.

Administrative Fines

Administrative fines imposed by tax authorities, municipalities, and regulatory bodies can be reduced or eliminated through objection and cancellation proceedings.

The objection period is generally fifteen to thirty days from notification
Defective service of the notice is the first issue examined in any challenge
The tax settlement procedure can provide significant relief to the taxpayer
Paying a fine promptly may qualify for a discount in some cases
If the objection is rejected, an action may be brought before the administrative court

When you receive an administrative fine, arrange a legal assessment without delay — keeping your options open is always the right first step.

These articles are for general informational purposes only and do not constitute legal advice. Specific disputes should always be evaluated on the facts of the individual file.