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Category: Turkish Law

Marriage In Turkish Family Law

7 Mart 2021
| Yorum yapılmamış
| Eng, Family Law, Turkish Law

In General Marriage, in legal terms, is a form of contract in which two perons of different sex have agreed to settee a permenant family union before an authorised officer. Following marriage, parties are called husband and wife. Conditions required for a valid contract such as mutual the agreement of the parties are applied for a valid marriage. Yet, as result of being considered as the smallest cell of society by constitution, the marriage and its conditions are specifically regulated in the Turkish Civil Code (hereafter T.Civ.C.). Conditions for a Valid Marriage Legal Barriers To Marry are as followed:   Capacity to marry: A person must have completed the minimum age of 17 in order to be to be reached...

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Engagement In Turkish Family Law

7 Mart 2021
| Yorum yapılmamış
| Eng, Family Law, Turkish Law

Family law provisions set out in Turkish Civil Code (T.C.C.) starts with Engagement in article 118. By legal definition "promising to marry" is enough to complete the engagement. Once a woman and a man promise each other to marry they are both considered engaged and legal provisions can be applied for upcoming possibilities. Even though the text of the definition does not mention in verbally of two persons in different sexualities, as of being a preliminary step ahead of marriage, those are minimum requirements to complete the engagement act. In Turkey, beyond legal definition, engagement means more than a promise. Most of the marriages starts with an engagement ceremony in witness of all family elders from both sides. Following engagement...

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Corporations In Turkish Law

7 Mart 2021
| Yorum yapılmamış
| Corporate Law, Eng, Turkish Law

Overview A corporation is a business association with an independent legal personality. In a corporation the amount of capital or assets of the association stands in the forefront instead of its shareholders' personality. The agreement to incorporate, which is called the articles of association, must contain a minimum capital commitment required by law. The amount of this subscribed capital shows the initial financial strength of the corporation to the third persons. This determined capital of a corporation is divided into shares. Those who own shares of the company are called shareholders (i.e. company partners). Shares of a corporation may be transferred through the transfer of stock certificates if issued or with a written sale agreement between the seller and buyer....

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Turkish Family Law – In General

7 Mart 2021
| Yorum yapılmamış
| Eng, Family Law, Turkish Law

In General The second book of Turkish Civil Code with the title “Family Law” defines and regulates family relations. Family is a union of spouses and their prospective children. The rights and obligations under family law provisions start with engagement and followed by marriage, divorce, kinship (filiation), custody and guardianship. Following the latest amendments and jurisprudence Turkish Family Law is based on equity of spouses and no longer accepts husband as “the authority (the chief) of the family”. For example wives are able to choose their own surname instead of their husbands according to the rules of High Court Judgement. The Turkish Family Law aims to protect members of the family against possible harmful acts of other members. Especially  the...

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Ordinary Partnership As A Trade Company

7 Mart 2021
| Yorum yapılmamış
| Eng, Turkish Law

ORDINARY PARTNERSHIP IN TURKISH LAW The basic definition for “company” is a business association formed by two or more parties who bring together their labor and / or capital to achieve a common purpose. Following the latest change in Turkish Commercial Code a single person is able to set up business by forming a company. The sole purpose of establishing business by forming a company is to make profit and to share it. Without any concern of making and sharing profit, an association is also possible by forming either a “society” or a “foundation” which are not regulated by Commercial Code. To establish a company the founder(s) enter into a contract between themselves. This contract is called, “company contract”; which can...

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Establishing a Business in Turkey

7 Mart 2021
| Yorum yapılmamış
| Eng, Turkish Law

Overview Foreign investors should review and concern the related provisions of Turkish “Foreign Direct Investment Law” (Dated: June 17, 2003, No.4875). According to Foreign Direct Investment Law (FDI) Art. 3: “Unless stipulated by international agreements and other special laws: 1. Foreign investors are free to make foreign direct investments in Turkey, 2. Foreign investors shall be subject to equal treatment with domestic investors.” (See Full Text here) Law is based on the principle of equal treatment, allowing international investors to have the same rights and liabilities as local investors. Same conditions which applied to national investors for setting up a business are the same with those applied to foreign investors. Which means that there is no distinction between local and...

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General Partnership (Collective Company – Kollektif Şirket) in Turkish Law

7 Mart 2021
| Yorum yapılmamış
| Eng, Turkish Law

  A. Definition and Characteristics A general partnership is an advanced form of the ordinary partnership and it is regulated by the Commercial Code. Like an ordinary partnership, it is formed between two or more persons who undertake to contribute capital or labor to achieve a common purpose. But, unlike an ordinary partnership, a general partnership has legal personality under Turkish law. Transactions of a general partnership are Conducted in the name of the partnership (registered company title), not in the name of partners. The commercial title of general partnership must contain partners’ or at least one of the partner’s name and surname along with the term “Collective Company”. (TCC*[1] Art. 42) It is defined by Law as “Collective Company...

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Legal Grounds For A Divorce In Turkey

21 Eylül 2020
| Yorum yapılmamış
| Eng, Family Law, Medeni Hukuk, Turkish Law

Legal Reasons For Divorce In Turkey Article 161 and following (161-166) sets provisions  of The Turkish Civil Code (No.4721) which define and explain the legal merits of a divorce case in Turkey. Those are; Adultery Attempted murder, ill-treatment or degrading behaviour Conviction of a crime and/or dishonourable way of life Abandonment Mental disorder Deteriaration of conjugal community I. Adultery The act of adultery of any one of the spouses is a cause for a divorce case. The classical definition of adultery in Turkish Law requires the fact of living together with someone else other than his or her spouse. A one time sexual intercourse with another third person is not deemed sufficient for a divorce case based on Adultery provisions...

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Divorce Lawyer In Turkey

21 Eylül 2020
| Yorum yapılmamış
| Eng, Family Law, Turkish Law

DIVORCE LAWYER? A divorce lawyer is mostly in charge of divorce cases and thus experienced through his legal practise over years. An experienced divorce lawyer can give a rest and comfort to his clients during that challenging and painful period of their lifetime. Professional legal assistance is essential even for the cases between the civilized spouses who have mutual agreement on basic terms. Taking legal advice before marriage and conclude a written pre-marriage agreement solves the future problems in most cases. Likewise a little professional help even in the uncontested divorce cases may eliminate any possible future disputes between the divorced wives and husbands. A divorce lawyer should listen to the party who consults him and understand the merits of...

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