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Commercial Real Estate Leasing for Companies: Essential Clauses to Include in a Lease Agreement

Commercial Real Estate Leasing for Companies: Essential Clauses to Include in a Lease Agreement

When a company leases an office, retail store, warehouse, factory, hotel, or other commercial property, the process involves much more than simply finding a suitable location and agreeing on the rent. The provisions of the lease agreement can directly affect the company's ability to carry out its business activities, its investment costs, rental expenses, and potential legal disputes in the future.   Particularly in long-term leases, issues such as the property's unsuitability for the intended business activity, the inability to obtain the necessary permits, improperly determined rent increase terms, or the early termination of the agreement may result in significant financial losses.   For this reason, when leasing commercial real estate, companies should consider not only the rental price and the property's physical characteristics but also the legal implications of the lease agreement.   So, which provisions should be carefully considered when drafting a commercial real estate lease agreement?..

Fixtures (Muhdesat) and Actions for the Determination of Fixtures

Fixtures (Muhdesat) and Actions for the Determination of Fixtures

Actions for the determination of fixtures (muhdesat) are of significant importance, particularly in proceedings involving the dissolution of co-ownership (izale-i şuyu), urban transformation projects, and expropriation processes, as they serve to determine the ownership of structures or planted elements situated on immovable property. In practice, disputes frequently arise concerning the legal nature of fixtures, the concept of integral parts, the function of the declarations section in the land registry, the conditions for filing such actions, the burden of proof, and limitation periods.As Uzunpınar & Tüfek Law Firm, in this comprehensive study we examine the concept of fixtures in light of the Turkish Civil Code and the precedents of the Court of Cassation, the circumstances under which an action for the determination of fixtures may be filed, the rights and obligations of the parties, and the scope of claims based on unjust enrichment. In the field of real estate law, professional legal assistance is essential to prevent loss of rights in fixture-related disputes...