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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...

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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...

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Tenancy Law

Tenancy Law

Legal Support in Rental Disputes Many issues in rental relationships arise when the lease agreement is being drafted or renewed. Therefore, obtaining support from an expert rental law attorney from the very beginning of the process can prevent potential disputes in the future. Our office in Istanbul, with its many years of experience in rental law, provides reliable services to clients in all kinds of lawsuits and legal proceedings...

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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...

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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. As Uzunpınar & Tüfek International Law Firm, we provide a full-service approach covering all steps from A to Z for local and foreign investors who want to invest in Turkey. We manage every stage of the investment process, including company formation, tax incentives, location selection, and business plan preparation...

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e-Currency Trading Document

e-Currency Trading Document

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...

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Frequently Asked Questions About Residence Permit

Frequently Asked Questions About Residence Permit

FREQUENTLY ASKED QUESTIONS ABOUT RESIDENCE PERMIT (RESIDENCY) WHAT IS A RESIDENCE PERMIT? A residence permit is an official document granted to foreigners who wish to stay in Turkey. Foreigners who intend to stay in the country beyond the duration allowed by their visa or visa exemption, or for more than ninety days, are required to apply for the type of residence permit they are eligible for through the e-Residence system. Those who complete their application must appear in person on the appointment date at the provincial/district immigration office in the city they wish to reside. Foreigners who fail to appear without a valid excuse are considered as if they have not applied at all. The authorities may request certain information or documents to verify a valid excuse. Applications for residence permit extensions are generally made using the same procedure...

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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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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.  ..

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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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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...

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VEHİZLE VALUE LOSS

VEHİZLE 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...

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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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APKIS optional rights (ÇEVİRİ)

APKIS optional rights (ÇEVİRİ)

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..

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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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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, ..

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Steps For Application To Turkish Citizenship Through Real Estate Investment

Steps For Application To Turkish Citizenship Through Real Estate Investment

STEPS FOR APPLICATION TO TURKISH CITIZENSHIP THROUGH REAL ESTATE INVESTMENT Step 1 - Get Tax Registration Number The tax registration number can be obtained from any tax office in Turkey.Original passport and photo required...

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Documents Required For Turkish Citizenship Application

Documents Required For Turkish Citizenship Application

DOCUMENTS REQUIRED FOR TURKISH CITIZENSHIP APPLICATION Application form stating the citizenship request Passport or similar document, if it is stateless, the relevant document if it is possible to obtain it Marital status certificate, marriage certificate if married, divorce certificate if divorced, spouse's death certificate if widowed ..

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Web Tapu

Web Tapu

WEB TAPU What is Web Tapu?Web Tapu; It is a system where citizens can manage their immovables electronically without going to the land registry and cadastre directorates. Information and documents required for transactions, which they can apply for electronically for 46 title deeds (sales, donations, transfers, etc...), 20 cadastral transactions, 2 mapping transactions, 5 Ottoman documents and old registration document transactions in the Web Tapu. It has been implemented as an electronic system where users can send documents in a secure electronic environment, verify documents and authorize third parties or real estate agents in these matters.Web Tapu is a system where citizens can manage their immovables over the internet without going to the land registry offices, and view the title deed registration and location information of the immovables...

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Foreign Currency Purchase Certificate

Foreign Currency Purchase Certificate

FOREIGN CURRENCY PURCHASE CERTIFICATE As is known, within the scope of the Regulation on the Implementation of the Turkish Citizenship Law enacted in 2018, it has been made possible for foreigners in our country to acquire Turkish citizenship exceptionally by purchasing immovable or immovables worth at least 400,000 USD (Four hundred thousand USD). At this point, banks play an important role in the registration of foreign currency coming from foreign countries. Namely, as of January 24, 2022, foreigners are obliged to exchange foreign currency with the Central Bank for transactions they are buyers of. Accordingly, persons who are not citizens of the Republic of Turkey are required to make the payments for the real estate to be purchased in foreign currency. This obligation applies to all purchases made by foreigners, whether they apply for citizenship or not. Real estate cannot be sold without this document.   This process is usually done by authorized real estate offices. However, the most important point to be considered in this transaction is that the document to be obtained must be from a bank operating in Turkey. This transaction cannot be made with foreign currency exchang..

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Marriage Of Foreigners In Turkey

Marriage Of Foreigners In Turkey

MARRIAGE OF FOREIGNERS IN TURKEY Applications of foreigners regarding their marriage wishes are accepted by the marriage office; The provisions of the Marriage Regulation on the marriage of Turkish citizens also find applications for foreigners...

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Exceptional Citizenship By Real Estate Investment Frequently Asked Questions

Exceptional Citizenship By Real Estate Investment Frequently Asked Questions

EXCEPTIONAL CITIZENSHIP BY REAL ESTATE INVESTMENTFREQUENTLY ASKED QUESTIONS1. WHAT ARE THE DOCUMENTS REQUIRED FOR THE APPLICATION? • Title Deed Document of the immovable or information of village/neighborhood, island, parcel, building, independent section,• Identity document/Passport (with translation if necessary),• "Immovable Valuation Report" to be obtained from the valuation institutions published on the website of the BRSA (https://www.bddk.org.tr/Kuruluslar-Category/Bankalara-Degerleme-Hizmeti-Vermeye-Yetkili-Kuruluslar/11)• Compulsory earthquake insurance policy for buildings (housing, workplace, etc.),• 1 photo of the buyer and 2 of the seller (in the last 6 months, in 6x4 size),• "Real Estate Market Value Certificate" from the municipality• Tax number• Bank-approved remittance receipts (Can be given before or after the sale.)• Sworn translator for the party who does not speak Turkish (authorized by the Regional Judicial Justice Commission)• If there is a representation, the document related to the representation (In case of transactions with a power of attorney issued abroad, the conditions sought with the circular numbered 2015/5 (1767) must be met.)..

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Commercial Law

Commercial Law

Commercial Law 1. In-Depth Expertise in Commercial LawCommercial law is not just about applying legal texts — it also requires the ability to speak the language of business, understand industry practices, and accurately interpret the nature of commercial relationships. At Uzunpınar & Tüfek International Law Firm, we possess extensive field experience in all aspects of commercial law. Thanks to our hands-on work in real-life disputes, we don’t just apply the law theoretically — we interpret it through practical, results-driven solutions. We have successfully handled hundreds of commercial files, both in litigation and pre-litigation consultancy...

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Corporate Law

Corporate Law

Corporate Law 1. Expertise and In-Depth Experience in Corporate LawCorporate law goes far beyond company formation — it covers every stage from incorporation to liquidation. At Uzunpınar & Tüfek International Law Firm, we have guided hundreds of local and foreign companies through the full lifecycle of corporate structuring. Alongside our solid grasp of legislation, we stand out with our practical experience and our ability to accurately understand corporate structures and shareholder dynamics.  ..

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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 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...

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