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Humanitarian Residence Permit (ÇEVİRİ)

Humanitarian Residence Permit (ÇEVİRİ)

HUMANITARIAN RESIDENCE PERMIT A. What is a Humanitarian Residence Permit and Under What Circumstances Is It Granted?A "humanitarian residence permit" is the type of residence permit issued to individuals deemed necessary to remain in Turkey for humanitarian reasons. Article 46 and subsequent regulations of the Law on Foreigners and International Protection contain the basic rules on this matter. A humanitarian residence permit is a type of residence permit issued under the special conditions and under special circumstances specified in this article. It is an exceptional residence permit...

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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..

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Acquiring Citizenship Through Marriage (ÇEVİRİ)

Acquiring Citizenship Through Marriage (ÇEVİRİ)

ACQUIRING CITIZENSHIP THROUGH MARRIAGE A. THE STATUS OF ACQUIRING CITIZENSHIP THROUGH MARRIAGE IN TURKISH LEGISLATIONRegulations regarding the acquisition of citizenship through marriage have undergone many changes and developments over time. The initial regulations regarding the acquisition of citizenship through marriage stipulated that only women could acquire citizenship through their husbands. In other words, acquiring citizenship through marriage was a right granted only to women. However, over time and with evolving socio-cultural phenomena, this sexist and discriminatory approach has generally been abandoned, and women and men have been treated equally...

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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...

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Determination of Being the Same Person (ÇEVİRİ)

Determination of Being the Same Person (ÇEVİRİ)

DETERMINATION OF THE SAME PERSON People occasionally experience hardship due to discrepancies in official records. In some cases, Civil Registry Offices are inadequate and lack the authority to resolve this issue. In such cases, individuals must apply to the courts for a determination of the grievance...

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Vehicle Value Loss (ÇEVİRİ)

Vehicle Value Loss (ÇEVİRİ)

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...

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Frequently Asked Questions About Apostille (ÇEVİRİ)

Frequently Asked Questions About Apostille (ÇEVİRİ)

QUESTIONS ABOUT APOSTILLE For a document or decision obtained from a foreign country's official authorities to be valid in Turkey, the foreign decision (e.g., court decision) or document (e.g., notarial deed) must be certified (attested) by the Turkish consulate or authority in the country where it was issued. For example, for an administrative or judicial document obtained from Cuba to be valid in Turkey, this official document must be certified by the Turkish Embassy or Consulate in Cuba.The reverse is also true. In other words, for a court decision or document obtained in Turkey to be valid in a foreign country (e.g., Germany), it must be certified by the Turkish consulate of that country. For example, if a notarial document obtained from Turkey is intended to be used in Canada, this notarial document must be certified by the Canadian Embassy in Turkey.Here are some countries regarding the validity of these foreign documents and decisions in other countries: In order to abolish the requirement for certification by their own foreign missions, they prepared a multinational agreement called the "Hague Convention on the Abolition of the Requirement for Legalization of Foreign Offi..

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Matters to be taken into consideration when applying to the Constitutional Court (ÇEVİRİ)

Matters to be taken into consideration when applying to the Constitutional Court (ÇEVİRİ)

IMPORTANT POINTS TO CONSIDER WHEN APPLYING TO THE CONSTITUTIONAL COURT 1. WHAT IS AN INDIVIDUAL APPLICATION?An individual application is a remedy through which anyone can seek legal remedies against any of the fundamental rights and freedoms guaranteed by the Constitution, as covered by the European Convention on Human Rights and its additional protocols to which Turkey is a party (Protocol Nos. 1, 4, 6, 7, 13, and 15), all of which have been violated by public authorities...

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VAT Exemption

VAT Exemption

VAT EXEMPTION As it is known, Value Added Tax, or simply VAT, is an expenditure tax that is paid by the deliverer of goods and services, but charged to the recipient. It varies from 1% to 18%. However, in some cases stipulated by the law, there may be an exemption from the VAT amount. In our article below, we will explain the VAT exemption that foreigners, who are among the VAT exemptions, can benefit from in the purchase of the real estate...

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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..

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Urban Transformation Law

Urban Transformation Law

Urban Transformation Law Urban transformation law is a special field of law that regulates the legal relations arising during the processes of detection, evacuation, demolition, and reconstruction of buildings under disaster risk. Urban transformation projects carried out within the scope of Law No. 6306 on the Transformation of Areas Under Disaster Risk require a serious legal infrastructure to protect the rights of property owners, ensure fairness in contracts with contractors, and carry out title deed procedures properly. Urban transformation practices, which are especially concentrated in metropolitan cities like Istanbul, may involve many legal risks for owners, investors, and contractors. Therefore, getting support from an expert urban transformation lawyer from the beginning of the process is of critical importance to prevent possible disputes in the future.As Uzunpınar TÜFEK International Law Firm, we provide reliable and comprehensive legal services to our clients at every stage of the urban transformation process. We professionally manage the applications for risky building detection, achieving the required majority among owners, drafting construction contracts based on ..

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Real Estate Law

Real Estate Law

Real Estate Law Real estate law is the branch of law that covers all transactions related to immovable properties such as land, plots, residences, and commercial properties, as well as the disputes that may arise from these transactions. Title deed transactions, purchase and sale processes, lease agreements, construction contracts in return for flat, expropriation lawsuits, and the dissolution of joint ownership are among the many important topics within this field. Especially in the real estate sector, where high-value investments are involved, having a solid legal foundation for transactions is of great importance to ensure the investment is completed securely and without problems. Therefore, working with a law firm experienced in real estate transactions plays a critical role in preventing possible risks and protecting rights. At Uzunpınar TÜFEK International Law Firm, we offer comprehensive, effective, and solution-oriented legal services to our clients with our many years of knowledge and field experience in the field of real estate law. Particularly in Istanbul but also across all regions of Turkey, we meticulously manage real estate transactions from start to finish, prior..

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