Expertise and In-Depth Experience in Corporate Law

Commercial law is a branch of private law that regulates the activities of commercial enterprises.
This area, governed under the Turkish Commercial Code, includes the rights and obligations of merchants, commercial transactions, company formations, contracts, bankruptcy, and concordatum processes.
It also covers negotiable instruments such as checks and promissory notes, unfair competition, commercial lawsuits, and the transfer of commercial enterprises. Commercial law addresses both local and international trade relations and aims to ensure that commerce operates in a secure and orderly manner.

Commercial law provides solutions to legal issues arising in various areas such as breach of commercial contracts, debt collection, unfair competition, shareholder disputes, bankruptcy, concordatum, and conflicts over trade names and trademarks. It also covers matters frequently encountered in the business world, including the sale of commercial goods, transportation contracts, and agency or distributorship relationships.
These types of disputes are generally handled by commercial courts and require legal expertise to resolve.

A commercial law attorney provides solutions to legal issues that businesses encounter in their commercial activities.They offer services in a wide range of areas, from drafting and interpreting contracts to handling commercial litigation, managing mergers, and overseeing bankruptcy processes. They also provide legal consultancy on critical matters such as debt recovery, preventing unfair competition, and protecting trade secrets. By offering strategic legal support tailored to the company’s area of activity, the commercial law attorney helps foresee potential risks and ensures the business’s legal security.

Yes, company contracts are among the core subjects of commercial law. Documents such as articles of association, shareholder agreements, share transfer protocols, and partnership agreements—especially for joint stock and limited liability companies—are all evaluated within the scope of commercial law. Preparing these contracts in compliance with the law is crucial to prevent potential legal risks for the company in the future. Additionally, contracts related to business partnerships, distributorships, and dealership relationships are also reviewed under commercial law.

Commercial courts have jurisdiction over disputes of a commercial nature. These include shareholder disputes, debt collection cases, breaches of commercial contracts, bankruptcy and concordatum cases, unfair competition claims, and disputes involving negotiable instruments such as checks and promissory notes. They also handle cases related to trade names, trademarks, patents, and trade secrets. Since cases heard in commercial courts require legal expertise, working with an experienced attorney in this field is highly recommended.

An unfair competition lawsuit is filed under the Turkish Commercial Code and aims to prevent actions that violate the principles of fair competition. The claimant must document the actions of the competing company or individual that constitute unfair competition and prove that they have suffered or are likely to suffer damage as a result. The court may be requested to stop the unfair competition, award compensation, publish a corrective statement, and remedy the damage. These lawsuits are generally filed in the Commercial Court of First Instance, and obtaining professional legal support directly affects the success of the process.

Yes, debt collection holds an important place in commercial law. When debts arising from commercial relationships are not paid on time, the collection process can be initiated by sending a formal notice. Following this, the debt can be collected through legal means such as enforcement proceedings, filing a lawsuit, or requesting a precautionary attachment. Commercial law ensures that this process is carried out in a lawful and efficient manner. In cases involving commercial notes, invoices, and contract-based debts, acting with professional support increases the chances of successful collection.

Negotiable instruments such as checks and promissory notes are fundamental elements of commercial life and are a significant part of commercial law. The issuance, endorsement, collection, and procedures to follow in case of non-payment of these instruments are thoroughly regulated under the Turkish Commercial Code. If a bad check is issued, criminal and compensation lawsuits may arise. In the case of promissory notes, if payment is not made at maturity, enforcement proceedings and procedures specific to negotiable instruments may be applied. Expert legal support is essential to avoid mistakes during these processes.

Negotiable instruments such as checks and promissory notes are fundamental elements of commercial life and are a significant part of commercial law. The issuance, endorsement, collection, and procedures to follow in case of non-payment of these instruments are thoroughly regulated under the Turkish Commercial Code. If a bad check is issued, criminal and compensation lawsuits may arise. In the case of promissory notes, if payment is not made at maturity, enforcement proceedings and procedures specific to negotiable instruments may be applied. Expert legal support is essential to avoid mistakes during these processes.

The duration of a commercial lawsuit varies depending on the nature of the dispute, the scope of the case, and the court’s workload. On average, a commercial case may be concluded in the first instance court within 1 to 2 years. However, this period may be extended due to expert reports, evidence collection, and appeal or cassation stages. To shorten the litigation process, it is highly effective to prepare all documents thoroughly, seek preventive legal consultancy, and consider settlement options.

A concordatum is a legal process that allows companies unable to pay their debts—but wishing to avoid bankruptcy—to restructure their obligations under court supervision and repay their debts. To apply, the debtor must submit financial documents showing their current situation, a list of creditors, a payment plan, and an activity report to the Commercial Court of First Instance. The court initially grants a temporary respite and appoints a concordatum commissioner. If the majority of creditors accept the proposal by the end of the process, the concordatum is officially approved.

Yes, the formation of limited and joint stock companies is directly within the scope of commercial law. The preparation of the articles of association, registration of incorporation with the Trade Registry Office, capital commitments, and the obligations of shareholders are all carried out in accordance with the Turkish Commercial Code. Since legal mistakes made during the establishment phase can lead to serious financial and legal risks in the future, it is recommended to seek support from an attorney specialized in commercial law during company formation.

In commercial law, the statute of limitations for filing a lawsuit varies depending on the type of case. In general, the limitation period for commercial debts is 5 years. However, for transportation contracts, the period is 1 year, and for negotiable instruments such as bills of exchange and promissory notes, specific limitation periods apply. In unfair competition cases, the lawsuit must be filed within 1 year from the date the act is discovered, and in any case, within 3 years. Therefore, legal deadlines must be carefully assessed based on the specific circumstances of each case.

Yes, as of January 1, 2019, mediation has become a mandatory prerequisite for filing lawsuits in commercial disputes. In this context, when parties face a dispute related to commercial debt, contracts, or compensation, they cannot directly file a lawsuit; they must first apply for mediation. However, certain cases such as concordatum, bankruptcy, and similar proceedings are excluded from this requirement. If no agreement is reached during the mediation process, this is documented in an official report, and the right to file a lawsuit arises.