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PILOT JUDGMENT BY THE CONSTITUTIONAL COURT ON ADDITIONAL (EXCESS) DAMAGES

PILOT JUDGMENT BY THE CONSTITUTIONAL COURT ON ADDITIONAL (EXCESS) DAMAGES

In its decision dated 8 July 2025 and numbered 2024/41763, the Constitutional Court evaluated claims concerning the loss of value of receivables arising from disputes between private legal entities due to inflation, taking into account previous Court of Cassation (Yargıtay) rulings, within the scope of the right to property and the right to an effective remedy.   As a result of this assessment, the Court held that there is no effective legal remedy available regarding claims for additional (excess) damages, that Article 122 of the Turkish Code of Obligations (Law No. 6098) does not provide adequate protection against the loss of value of receivables caused by inflation, and that the existing case law has failed to offer an effective solution to this legal issue. Consequently, the Court ruled that the right to property (Article 35 of the Constitution) and the right to an effective remedy (Article 40) had been violated. This decision was published in the Official Gazette No. 33032 on 29 September 2025...

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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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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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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...

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Commercial Law

Commercial Law

  In-Depth Expertise in Commercial Law..

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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...

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