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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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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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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...

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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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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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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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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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