| ONLINE CONSULTATION | İstanbul Lawyer Office

“Time Limit for Filing a Full Jurisdiction Action After the Dismissal of an Annulment Case”

“Time Limit for Filing a Full Jurisdiction Action After the Dismissal of an Annulment Case”

A full jurisdiction action (also known as a compensation lawsuit) is a type of administrative lawsuit filed by a person who has suffered material or moral damages as a result of an act, action, or omission of the administration, with the aim of obtaining compensation for those damages. This type of lawsuit derives its legal basis from Article 125 of the Constitution.   A full jurisdiction action can be filed in four different ways:   Filing a direct full jurisdiction action within the period prescribed for bringing an annulment action against the administrative act that violates one’s rights;   Filing both an annulment action and a full jurisdiction action together within the time limit for challenging the administrative act that violates one’s rights;   Filing a full jurisdiction action within the prescribed time limit following the notification of the judgment rendered in an annulment action brought against the administrative act that violated one’s rights;   Filing a full jurisdiction action within the prescribed time limit due to damages arising from the execution of an administrative act that violated one’s rights.  ..

Tags:
READ MORE
THE CONSTITUTIONAL COURT ANNULS THE PROVISION ON THE CONSOLIDATION OF CASES UNDER ARTICLE 166 OF THE CODE OF CIVIL PROCEDURE (HMK)

THE CONSTITUTIONAL COURT ANNULS THE PROVISION ON THE CONSOLIDATION OF CASES UNDER ARTICLE 166 OF THE CODE OF CIVIL PROCEDURE (HMK)

The Nevşehir 4th Civil Court of First Instance and the Istanbul Anadolu 15th Civil Court of Peace requested the annulment of Article 166/1 of the Code of Civil Procedure (HMK), arguing that under the contested provision, when a consolidation decision is made in cases filed before courts of the same level and jurisdiction, such a decision binds the other court, and an appeal against this decision can only be made together with the final judgment. Therefore, it was asserted that the first court where the case was filed has no opportunity to review the consolidation decision. This situation was claimed to be incompatible with the principles of the rule of law, the right to legal remedies, the guarantee of a lawful judge, and the independence of the judiciary. Accordingly, the rule was alleged to violate Articles 2, 13, 36, 37, and 138 of the Constitution, and its annulment was requested. Upon evaluation, the Constitutional Court ruled that the phrase “...and this decision shall be binding on the other court...” contained in Article 166(1), second sentence, of the Code of Civil Procedure No. 6100 dated 12 January 2011, is unconstitutional and decided to annul it...

Tags:
READ MORE
RENT DETERMINATION LAWSUIT AND PROCEDURES FOLLOWING THE JUDGEMENT

RENT DETERMINATION LAWSUIT AND PROCEDURES FOLLOWING THE JUDGEMENT

WHAT IS A RENT DETERMINATION LAWSUIT UNDER ARTICLE 344/3 OF THE TURKISH CODE OF OBLIGATIONS NO. 6098? Regardless of whether the parties have reached an agreement on this matter, in lease agreements lasting more than five years, or renewed after five years, and at the end of each subsequent five-year period, the rent applicable for the new rental year shall be determined by the judge in accordance with the rate of change based on the twelve-month average of the consumer price index, the condition of the leased property, and comparable rental values, ensuring fairness and equity. Both the tenant and the landlord may file a rent determination lawsuit for residential and roofed commercial premises...

Tags:
READ MORE
LAWSUIT FOR PERMİSSİON TO SHOW THE LEASED PROPERTY

LAWSUIT FOR PERMİSSİON TO SHOW THE LEASED PROPERTY

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...

Tags:
READ MORE
Investment Consultancy

Investment Consultancy

  Reliable, comprehensive, and strategically planned legal consultancy is essential for individuals and institutions planning to invest both in Turkey and abroad...

Tags:
READ MORE
Foreigners Law

Foreigners Law

  Foreigners Law is a branch of law that regulates the legal status of foreign nationals residing in Türkiye, in matters such as residence permit, work permit, citizenship, acquisition of immovable property, and deportation decisions. This area has gained significant importance in recent years, especially with the increase in migration processes. For foreigners who wish to live, work, invest, or acquire citizenship in Türkiye, proper management of these procedures is critical to prevent legal mistakes that may lead to irreversible consequences...

Tags:
READ MORE
HUMANITARIAN RESIDENCE PERMIT AND INTERNATIONAL PROTECTION

HUMANITARIAN RESIDENCE PERMIT AND INTERNATIONAL PROTECTION

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...

Tags:
READ MORE
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..

Tags:
READ MORE
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...

Tags:
READ MORE
Penalty Clause In Case The Contractor Falls Into Default On The Deliverment Of The Work (ÇEVİRİ)

Penalty Clause In Case The Contractor Falls Into Default On The Deliverment Of The Work (ÇEVİRİ)

  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.  ..

Tags:
READ MORE
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...

Tags:
READ MORE
LAWSUIT FOR DETERMINATION OF BEING THE SAME PERSON

LAWSUIT FOR DETERMINATION OF BEING THE SAME PERSON

LAWSUIT FOR DETERMINATION OF BEING 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...

Tags:
READ MORE
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...

Tags:
READ MORE
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..

Tags:
READ MORE
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...

Tags:
READ MORE
Things to Consider When Applying to the ECHR (ÇEVİRİ)

Things to Consider When Applying to the ECHR (ÇEVİRİ)

WHAT SHOULD BE CONSIDERED WHEN APPLYING TO THE EUROPEAN COURT OF HUMAN RIGHTS? An application to the European Court of Human Rights is deemed to have been submitted after all national legal remedies have been exhausted and the application form found at (https://www.echr.coe.int/Pages/home.aspx?p=applicants/tur&c=) is duly and completely completed and sent to the address below via registered mail via PTT. Your application will be reviewed free of charge. This means there is no fee or cost to apply individually.  The RegistrarEuropean Court of Human RightsCouncil of Europe67075 Strasbourg cedexFRANCE If the Court determines that your application has been submitted in full, you will receive a notification confirming its receipt. After your application is processed, it will be reviewed in its entirety. The court's workload is quite heavy, and it's impossible to specify a precise timeframe for review.The ECtHR's trial procedure is, in principle, written. You will be informed in writing of all decisions made by the court regarding your application. The ECtHR will first review your application based on "admissibility criteria." If the complaints submitted are deemed inadmissible, ..

Tags:
READ MORE
What Is a (DAB) Foreign Exchange Purchase Certificate?

What Is a (DAB) Foreign Exchange Purchase Certificate?

  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...

Tags:
READ MORE

"Value Added Tax (VAT) Exemption for Foreign Nationals in Real Estate Acquisition"

  Exclusive for Foreigners: VAT Exemption on Real Estate      ..

Tags:
READ MORE
Commercial Law

Commercial Law

  In-Depth Expertise in Commercial Law..

Tags:
READ MORE
Consumer Law

Consumer Law

  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...

Tags:
READ MORE
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..

Tags:
READ MORE
Urban Transformation Law

Urban Transformation Law

  Urban transformation law is a specialized branch of law that regulates the legal relationships arising in the processes of identifying, evacuating, demolishing, and reconstructing buildings at risk of disasters..

Tags:
READ MORE