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...
Court of Cassation 3rd Civil Chamber, File No: 2024/4081, Decision No: 2025/1441, Date: 10.03.2025 With its Decision Regarding the Resolution of Conflicts Between Regional Courts of Appeal, the Court Ruled That There is no Legal Obstacle to Granting a Preliminary İnjunction in Lawsuits Filed for the Permission to Show the Leased Property...
Reliable, comprehensive, and strategically planned legal consultancy is essential for individuals and institutions planning to invest both in Turkey and abroad...
E-CURRENCY TRADING DOCUMENT What is the E-Currency Trading Document? The e-Currency Trading Document is a completely digital version of the printed Foreign Exchange Purchase Document and the Foreign Currency Sale Document, which are issued in foreign exchange buying and selling transactions carried out through authorized institutions...
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..
A penalty clause is dependent on the existence of the principal obligation, in other words, it is an accessory obligation connected to the principal obligation. This is because the penalty clause secures the principal obligation. The penalty clause can be stipulated either in the main contract or in a separate contract concluded subsequently. The penalty clause can be the payment of a sum of money or it can also involve obligations in property other than money. In accordance with Article 182/I of the TCC and the principle of freedom of contract, the parties to the contract may freely agree on the penalty clause and its amount. However, pursuant to Article 182/III of the TCC, if the judge deems the amount of the penalty clause agreed upon by the parties to be excessive, the judge shall reduce it ex officio. Conversely, Article 182/III of the TCC In accordance with Article 22, if the contractor is a merchant, a penalty clause cannot be reduced on the grounds that it is excessive. However, this rule applies if the penalty clause is detrimental to the merchant contractor and violates morality and etiquette. ..
ELECTIONAL RIGHTS IN THE EVENT OF THE CONTRACTOR'S DEFAULT IN THE DELIVERY OF THE WORK There is no specific provision in the TCC regarding the contractor's default in the delivery of independent sections in a construction contract in exchange for a land share. Therefore, if the contractor defaults in the delivery of independent sections, the general provisions of the TCC and, where applicable, the provisions pertaining to the work contract will apply. The institution of the debtor's default in Articles 117 and 118 of the TCC and the related provisions will apply to the contractor's default in the delivery of independent sections and the consequences thereof. In this context: For a contractor to be in default on their obligation to deliver the independent sections, the obligation must be due and payable, the independent sections must not be delivered, the landowner must have provided a warning, and there must be no reasons preventing the default. However, the contractor's default on their obligation to deliver the independent sections is not, as a rule, required to be at fault. However, justified delay may prevent the contractor from defaulting because it eliminates the delay in f..
DAB (Foreign Exchange Purchase Certificate) is an official document showing that foreign buyers have exchanged the foreign currency they will use for a real estate purchase through a bank operating in Türkiye to the Central Bank...
Exclusive for Foreigners: VAT Exemption on Real Estate ..
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It is a specialized branch of law that ensures the protection of consumers against unfair practices encountered when purchasing goods and services and is subject to regulations at both national and international levels...
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...
