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CONTRACT LAW

CONTRACT LAW

  At Uzunpınar & Tüfek Law Firm, we provide our clients with comprehensive and reliable legal consultancy services throughout all stages of contract preparation, review, negotiation, and implementation. As Contract Law forms the foundation of both commercial and personal relations, it is of utmost importance that each contract is drafted in line with the client’s needs and legal security...

LAWSUIT FOR  COMPENSATION  DUE TO UNLAWFUL USE OF PROPERTY

LAWSUIT FOR COMPENSATION DUE TO UNLAWFUL USE OF PROPERTY

  Ecrimisil (unlawful occupation compensation) originates mainly from Article 995 of the Turkish Civil Code. Accordingly, a person who is not in good faith and possesses a movable or immovable property is obliged to compensate the owner (the true right holder) for the damages caused and for the benefits obtained or neglected to obtain.In brief, it is a type of compensation that a non-possessor owner can claim from a possessor who does not have ownership rights. As Uzunpınar Tüfek Law Firm, acting as a real estate lawyer in Istanbul, we protect our clients’ rights and apply the most effective legal strategies in ecrimisil cases. An ecrimisil lawsuit (compensation for unlawful occupation) may be filed together with an action for prevention of interference (actio negatoria) or a title deed cancellation and registration lawsuit, or it may be filed independently...

ACQUISITION OF TURKISH CITIZENSHIP BY FOREIGN INVESTORS

ACQUISITION OF TURKISH CITIZENSHIP BY FOREIGN INVESTORS

As is known, one of the ways of acquiring Turkish citizenship through an administrative decision is the acquisition of Turkish citizenship by foreign investors under the title of “exceptional acquisition of Turkish citizenship.” This process is regulated under Article 20 of the Regulation on the Implementation of the Turkish Citizenship Law. Individuals falling within the scope of this article must first obtain a certificate of conformity, then acquire a residence permit pursuant to Article 31/1-j of the Law No. 6458 on Foreigners and International Protection, and finally submit their citizenship application. In summary, the process for a foreign investor to acquire Turkish citizenship consists of three main stages...

Procedure for Entitlement in Seizure (ÇEVİRİ)

Procedure for Entitlement in Seizure (ÇEVİRİ)

PROCEDURE FOR CHARGES IN SEIZURE A. GENERAL INFORMATIONAlthough the debtor is the addressee of the enforcement proceedings, property believed to belong to the debtor but belonging to third parties can also be seized. The enforcement officer, taking into account the principle of order in seizure, may only seize property whose seizure is not prohibited by law. This principle serves not to collect the debt under any circumstances, but rather to establish a balance of interests between the creditor and the debtor. The enforcement officer has no other discretion and cannot assess whether the seized property actually belongs to the debtor.SEQUENCE IN SEIZURE: Only the debtor's property can be seized to the extent that it covers the principal and interest of the debt, as well as the enforcement expenses; no more can be seized (Article 85, I). However, when seizing sufficient property to cover the debtor's debt, it is necessary to begin with the property whose absence will least burden the debtor and is easiest to seize and sell. In other words, when seizing a debtor's property, a specific order is observed, which is called the order of seizure. Disputed property refers to property declar..

Bodily harm (ÇEVİRİ)

Bodily harm (ÇEVİRİ)

BODILY HARM A. THE CONCEPT OF BODILY HARMBodily harm is not clearly defined in the TCC. In legal terminology, bodily harm means "damage inflicted on the human body (body) as a result of a tortious act, … bodily harm." The concept of bodily harm encompasses both the violation of a person's physical integrity and their mental integrity, in other words, their mental health. Bodily harm resulting from a violation of physical integrity encompasses the violation of both a person's physical integrity and their mental integrity.The first element for bodily harm to occur is the existence of the harm. Injury, disability, mental distress, or similar must occur as a result of an unlawful act. However, injury, mental distress, or similar conditions alone are not sufficient for the harm to occur. The aforementioned reasons must also include a decrease in property, or a decrease in property in the future. Both of these elements must be present simultaneously. In short, if there is no decrease or potential decrease in a person's assets in the event of injury, the concept of bodily injury does not arise...

VEHİCLE VALUE LOSS

VEHİCLE VALUE LOSS

WHAT IS VEHICLE LOSS OF VALUE? Even if vehicles involved in accidents are repaired and restored to their original condition, they lose value on the used market due to the accident record in the TRAMER (Traffic Insurance Information Center) and are sold at lower prices than similar vehicles. This financial loss in the used market value of vehicles is called "loss of value." To prevent such hardship for vehicle owners, our legal system has developed a compensation system whereby the loss of value is covered by insurance companies...

Criminal Law

Criminal Law

Criminal Law Criminal law is a branch of public law that regulates criminal acts and the legal penalties for these acts. Its main goal is to protect social order and the fundamental rights of individuals. Crimes such as intentional killing, fraud, embezzlement, threats, drug trafficking, sexual offenses, forgery, and abuse of power fall under this field. These accusations do not only create legal consequences. They also affect a person’s freedom, reputation, and social life. Because of this, criminal cases must be handled with legal expertise and strategic thinking.A criminal case goes through many stages. These include police questioning, the prosecutor’s investigation, court hearings, and if needed, appeals. During these stages, the presumption of innocence is essential. A person cannot be seen as guilty until there is a final decision by a court. Another important rule is the right to be protected from unjust harm to one’s reputation. This right ensures that people do not suffer unfair damage to their name or image during an investigation. Even if there is an allegation, no one should be treated like a criminal unless there is clear and lawful evidence.At Uzunpınar TÜFEK Intern..