PRACTICE AREAS

Mediation is a method in which the parties meet with an impartial mediator to resolve their dispute without going to court. For some employment, commercial, consumer, lease, condominium, neighbour and partition disputes, applying to a mediator is a precondition to litigation; in these areas a lawsuit cannot be filed until the mediation stage has been completed. In other private law disputes, the parties may also choose voluntary mediation.

Careful preparation directly affects the outcome: which claims are put on the table, which rights are waived and how the settlement is worded all matter. A settlement agreement signed by the parties’ lawyers has the force of a court judgment and, if not complied with, can be enforced without filing a new lawsuit.

Our firm works in mediation in two distinct capacities. As counsel to a party, we prepare our clients for the sessions, conduct the negotiation and draft the settlement. In addition, we act as mediator, registered with the Ministry of Justice Register of Mediators, in mandatory and voluntary mediation, and provide specialist mediation in employment, commercial and consumer disputes.

In proceedings conducted as mediator, the principles of impartiality, equality and confidentiality apply. In line with these principles, we do not act as mediator in any dispute in which our firm represents one of the parties.

• Acting as mediator in mandatory mediation
• Acting as mediator in voluntary mediation
• Specialist mediation in employment disputes
• Specialist mediation in commercial disputes
• Specialist mediation in consumer disputes
• Representing a party in mediation: preparation and negotiation
• Mediation in lease, condominium, neighbour and partition disputes
• Voluntary mediation of the financial aspects of family and inheritance disputes
• Drafting the settlement agreement and obtaining an enforceability annotation
• Planning litigation after a non-settlement report
• International commercial mediation

Employment law governs the relationship between employee and employer from hiring to the period after termination. Wages, overtime, annual leave, severance and notice pay, job security, and occupational health and safety are its core topics. For employee receivables and reinstatement claims, applying to a mediator before filing suit is mandatory; damages claims arising from workplace accidents and occupational diseases are exempt from this requirement.

Our firm acts for both employees and employers. For employees, the focus is on calculating and pursuing receivables and compensation claims; for employers, on employment contracts, internal regulations and termination processes that comply with the legislation. Because limitation periods and statutory deadlines are short, it is important to seek legal advice immediately after a notice of termination.

• Severance and notice pay claims
• Reinstatement lawsuits
• Overtime, weekly rest, national holiday and public holiday pay claims
• Annual leave pay and unpaid wage claims
• Mobbing (psychological harassment) and discrimination compensation
• Material and moral damages for workplace accidents and occupational diseases
• Service determination lawsuits and social security (SGK) records
• Union-related compensation and collective labour disputes
• Non-compete and penalty clause disputes
• Principal employer–subcontractor relationships and joint liability
• Drafting employment contracts, internal regulations and HR policies
• Advising employers on terminations and taking employee statements of defence
• Representation in employment mediation

For most individuals and companies, real estate is their most valuable asset; small mistakes in sales, construction and partition can therefore lead to lengthy litigation. Real estate law covers title and ownership disputes, land-for-flat construction contracts and zoning matters. Condominium law governs the relationship between unit owners in apartment buildings and housing estates, the management plan and the use of common areas.

Our firm provides services from reviewing title and zoning status before a property is acquired, through drafting contracts, to litigating any disputes that arise. In condominium, neighbour and partition disputes, applying to a mediator before filing suit is mandatory.

• Actions for cancellation and re-registration of title
• Partition actions
• Actions to prevent interference and claims for unlawful occupation (ecrimisil)
• Pre-emption right actions
• Land-for-flat construction contracts and contractor disputes
• Disputes arising from real estate sale promise agreements
• Actions to determine and increase expropriation compensation
• Urban transformation disputes (Law No. 6306)
• Annulment of resolutions of the unit owners’ assembly
• Service charge and common expense claims
• Interference with common areas and breaches of the management plan
• Appointment of a building manager and amendment of the management plan
• Neighbour law disputes
• Pre-acquisition legal review (title, zoning, encumbrances)

Foundations and associations are the main organisational forms of civil society and are subject to strict regulation from formation to liquidation. Defined in the Turkish Civil Code, these legal entities are also subject to administrative supervision under the Associations Law, the Foundations Law and the legislation on fundraising. Procedural errors in general assembly and board decisions can lead to annulment of the decisions and to personal liability for the managers.

Our firm supports foundations and associations from drafting their founding documents and running general assemblies to administrative inspections and litigation.

• Formation of associations and foundations; drafting statutes and foundation deeds
• Amendments to statutes and foundation deeds
• Actions for annulment of general assembly resolutions
• Challenges to expulsion decisions
• Liability actions against board and audit committee members
• Dissolution and liquidation of associations
• Inspections by the General Directorate of Foundations and provincial civil society directorates
• Actions against administrative fines and administrative acts
• Fundraising permits and donation processes
• Applications for public benefit status and tax exemption
• Operating permits in Türkiye for foreign associations and foundations
• Property and governance disputes of minority foundations

In criminal proceedings, every stage from the first statement to the enforcement of a final sentence directly affects a person’s liberty and future. The assistance of defence counsel during questioning is a right, and the right to remain silent may be exercised where appropriate. For victims of crime, complaints, joining the proceedings as an intervening party and claims for compensation are equally important.

Our firm acts as defence counsel for suspects and defendants and represents complainants and intervening parties. In sentence enforcement law, we pursue the rights of convicts concerning conditional release, probation and disciplinary measures.

• Defence during the investigation (custody, statements, questioning)
• Challenges to detention and judicial control orders
• Defence of the accused at trial
• Representation of complainants and intervening parties (victims)
• Appeals on fact and law, and applications for retrial
• Conciliation and pre-payment procedures
• Economic crimes: fraud, breach of trust, tax offences
• Cybercrime and offences concerning personal data
• Offences against the person and negligence offences (traffic, workplace accidents)
• Drug offences
• Applications for conditional release and probation
• Transfer to open prisons and transfer requests
• Complaints to the enforcement judge against disciplinary sanctions
• Postponement of enforcement on health grounds
• Erasure of criminal and archive records; restoration of forfeited rights
• Compensation claims for unlawful arrest, custody and detention

Commercial and corporate law is a broad field that spans a business from its formation and day-to-day commercial dealings to the balance between shareholders and restructuring. Taking internal company decisions in compliance with the Turkish Commercial Code is the key to preventing future annulment and liability actions. For commercial monetary claims and damages, applying to a mediator before filing suit is mandatory.

Our firm provides corporate advisory and litigation services to companies and also assists shareholders and directors in protecting their rights.

• Company formation and drafting articles of association
• Share transfers, capital increases and reductions
• Mergers, demergers and conversions
• Acquisitions and legal due diligence
• Annulment and nullity of general assembly and board resolutions
• Liability actions against board members and managers
• Withdrawal, exclusion and dissolution for just cause
• Commercial receivables and actions to set aside objections
• Unfair competition actions
• Agency, distribution and dealership disputes; goodwill indemnity
• Disputes over negotiable instruments (cheques, promissory notes)
• Concordat (composition) and bankruptcy proceedings
• Drafting and negotiating commercial contracts
• Protection of trademarks, patents and other IP rights
• Competition law compliance and Competition Authority proceedings

Administrative law governs the relationship between the state and public bodies on the one hand and individuals and companies on the other. An action for annulment is brought to set aside an unlawful administrative act, and a full remedy action is brought to recover damage caused by the administration’s acts or omissions. Because the time limits for filing are short and strict, it is necessary to act immediately after the act is served.

Our firm handles applications, lawsuits and requests for stay of execution against administrative acts. Law No. 7589 widened the range of administrative cases decided by a single judge and closed the route of appeal to the Council of State in certain cases; litigation strategy is set in light of these changes.

• Annulment of administrative acts and requests for stay of execution
• Full remedy (damages) actions for service fault of the administration
• Public servants: appointment, transfer, disciplinary, dismissal and employment rights cases
• Actions against zoning plans, building permits, demolition orders and zoning fines
• Public procurement and Public Procurement Authority applications
• Business licence and licence revocation disputes
• Actions against unlawful-occupation charges issued by the Treasury and municipalities
• Tax litigation against assessments and penalty notices; settlement procedures
• Challenges to administrative fines
• Student disciplinary and examination disputes
• Freedom of information requests and actions against refusals
• Administrative applications to public bodies and regulatory authorities

Once ordinary remedies have been exhausted, anyone who believes their fundamental rights and freedoms have been violated may lodge an individual application with the Constitutional Court. The application must be made within 30 days of learning of the final decision. After the Constitutional Court proceedings, if the violation is considered to persist, an application can be made to the European Court of Human Rights within four months.

These applications are strictly bound by formal rules; they may be declared inadmissible for reasons such as time limits, form, or the violation not having been raised at earlier stages. Our firm prepares the application, follows the proceedings and conducts the retrial stage after a finding of violation.

• Right to a fair trial (reasoned judgment, equality of arms, access to court)
• Right to a trial within a reasonable time
• Right to liberty and security: length of detention and custody
• Freedom of expression, of the press and of assembly
• Right to property
• Right to respect for private and family life
• Right to life and prohibition of ill-treatment
• Freedom of religion and conscience; prohibition of discrimination
• Requests for interim measures (Constitutional Court and ECtHR)
• Retrial and compensation after a finding of violation
• Execution of ECtHR judgments and the Committee of Ministers process

Enforcement law covers the rules for collecting a debt through the power of the state; bankruptcy law governs the distribution among creditors of the assets of a merchant who cannot pay its debts. Choosing the right enforcement route and not missing objection and complaint deadlines are the most important factors in the outcome. Law No. 7589 has also introduced changes to enforcement and bankruptcy procedures.

For creditors, our firm initiates enforcement proceedings and manages collection; for debtors, we pursue objections and complaints against unlawful enforcement and attachment.

• Enforcement without judgment, on judgments and on negotiable instruments
• Foreclosure of pledges (mortgages, movable pledges)
• Actions to set aside or lift objections
• Negative declaratory actions and actions for restitution
• Attachment and complaints of exemption from attachment
• Complaints against acts of enforcement officers
• Third-party ownership claims
• Actions to annul auctions and to challenge ranking schedules
• Actions to set aside fraudulent transfers
• Bankruptcy proceedings and bankruptcy actions
• Representing creditors and debtors in concordat proceedings
• Enforcement offences (breach of undertaking, failure to declare assets)
• Eviction through enforcement proceedings

A lease is a long-term and economically significant relationship for both landlord and tenant. Residential and roofed commercial leases are subject to special tenant-protection rules in the Turkish Code of Obligations; eviction is possible only on the grounds listed in the law. For most lease disputes, applying to a mediator before filing suit is mandatory.

Our firm acts for landlords and tenants, from drafting the lease to eviction and rent claims. Proper use of formal notices and deadlines directly affects the outcome of lease cases.

• Drafting and reviewing lease agreements
• Eviction for personal need (residential and commercial)
• Eviction for reconstruction or major renovation
• Eviction based on a written undertaking to vacate
• Eviction for two justified notices and for default
• Eviction at the end of the ten-year extension period
• Rent determination and adjustment actions
• Rent arrears and unlawful-occupation claims
• Return of the security deposit
• Claims for defects in the premises, costs and useful expenses
• For tenants: wrongful eviction and invalid undertakings to vacate
• Representation in lease mediation

Inheritance law governs to whom, and in what shares, a person’s estate passes on their death. Statutory heirship, the reserved portion, wills and inheritance contracts are its core concepts. Because some rights, such as disclaiming an inheritance, are subject to short time limits, it is important to assess the situation early after a death.

Our firm advises on everything from estate planning and drafting wills to disputes between heirs over the division of the estate. Under Law No. 7589, where all co-owners acquired a property through inheritance, only the heirs may take part in the first auction held for its partition.

• Obtaining and annulling certificates of inheritance
• Determination and inventory of the estate
• Disclaimer of inheritance and actions for deemed disclaimer
• Abatement actions (protection of the reserved portion)
• Title cancellation actions for sham transfers by the deceased
• Opening, enforcement and annulment of wills
• Drafting inheritance contracts and estate division agreements
• Division of the estate and partition actions
• Disinheritance and challenges to it
• Actions for recovery of the inheritance
• Estate debts and the liability of heirs
• Cross-border inheritance disputes
• Advice on wills and estate planning

Family law covers matters that touch the most private areas of a person’s life, such as marriage, divorce, child custody, maintenance and the matrimonial property regime. In these cases the way the process is handled matters as much as the legal outcome; in particular, the best interests of the child are at the centre of every decision. Matters such as custody and contact with the child are not rights the parties can freely dispose of and are therefore not suitable for mediation.

Our firm handles uncontested and contested divorces, the liquidation of the matrimonial property regime and protective measures against domestic violence, with careful attention to confidentiality.

• Uncontested divorce and drafting the settlement protocol
• Contested divorce proceedings
• Interim, spousal and child maintenance; increase, reduction and termination of maintenance
• Custody and modification of custody
• Contact arrangements with the child
• Liquidation of the matrimonial property regime: participation and value-increase claims
• Material and moral damages in divorce
• Parentage: paternity actions and denial of paternity
• Adoption
• Protective and preventive orders under Law No. 6284
• Recognition and enforcement of foreign divorce judgments
• Drafting marital property agreements
• Guardianship and legal incapacity proceedings

Malpractice is harm suffered by a patient because the care required by medical science was not exercised in providing healthcare. Not every adverse outcome is a medical error; distinguishing a known complication from negligent treatment requires careful review of medical records and expert reports. Failing to adequately inform the patient of the risks of treatment (lack of informed consent) can in itself give rise to liability.

Where the case is brought depends on the type of healthcare provider: errors in public hospitals are pursued through a full remedy action in the administrative courts, while claims against private providers are brought in the civil courts. Our firm pursues compensation claims for injured patients and their families, and also provides defence and preventive advice to healthcare professionals.

• Material and moral damages for medical errors
• Loss-of-support compensation in fatal cases
• Cosmetic and plastic surgery errors
• Misdiagnosis or delayed diagnosis
• Surgical and anaesthesia errors
• Birth injuries to mother and baby
• Harm arising from dental treatment
• Claims based on lack of informed consent
• Full remedy actions against public hospitals
• Complaints and criminal investigations concerning healthcare staff
• Challenges to Forensic Medicine and expert reports
• Defence and consent-form advice for physicians and healthcare providers

Personal Data Protection Law No. 6698 imposes obligations on every company, institution and professional that processes personal data. The main obligations are providing privacy notices, obtaining explicit consent, data security, cross-border transfers and responding to data subject requests. Breaches may be sanctioned with administrative fines by the Personal Data Protection Board; some acts also constitute criminal offences.

Our firm advises data controllers on compliance and also pursues the rights of individuals whose data has been processed unlawfully.

• KVKK compliance projects: data inventory, risk analysis and process mapping
• Privacy notices, consent forms and privacy policies
• Retention and destruction policies; VERBİS registration
• Employee data, CCTV and cookie practices
• Cross-border data transfers and standard contracts
• Data breach management and notification to the Board
• Responding to data subject requests
• Complaints to the Personal Data Protection Board
• Actions before administrative courts against the Board’s fines
• Damages claims for unlawful processing of personal data
• Criminal complaints and representation for personal data offences (Turkish Criminal Code arts. 135–140)
• Drafting agreements with data processors

A contract sets out the parties’ rights and obligations and is the first document consulted when a dispute arises. A clear and balanced contract often prevents disputes before they arise. Vague clauses and incomplete termination and penalty provisions, by contrast, can lead to long and costly litigation.

Our firm advises on drafting, reviewing and negotiating contracts and conducts litigation and arbitration in contractual disputes.

• Contract drafting, review and negotiation
• Sale, service and works (construction) contracts
• Franchise, licence, distribution and supply agreements
• Non-disclosure (NDA) and non-compete agreements
• Share transfer and shareholders’ agreements
• International commercial contracts (including the CISG)
• Review of standard terms and conditions
• Claims for payment and damages for breach of contract
• Adaptation of contracts for excessive hardship
• Enforcement and reduction of contractual penalties
• Termination, rescission and declarations of invalidity
• Defects of consent (mistake, fraud, duress) and exploitation
• Formal notices and notarial procedures

Consumer law protects people who buy goods and services against sellers and providers. Defective goods and services, the right of withdrawal in distance sales, credit and banking transactions, and unfair contract terms are its most common topics. For disputes below a certain value, applying to a consumer arbitration committee is mandatory; this threshold is reset every year.

For cases heard by the consumer courts, applying to a mediator before filing suit is a precondition to litigation; disputes within the arbitration committees’ remit and cases concerning title to real estate are excluded. Our firm acts for consumers as well as for sellers and providers on compliance and defence.

• Remedies for defective goods and services (refund, replacement, repair, price reduction)
• Defects in new and used vehicles
• Residential sales and off-plan (pre-paid) housing disputes
• Consumer arbitration committee applications and challenges to their decisions
• Bank, credit card and consumer loan disputes
• Distance contracts, e-commerce and the right of withdrawal
• Subscription contracts (mobile, internet, energy)
• Package tour, timeshare and accommodation disputes
• Private education institutions and service contracts
• Annulment of unfair contract terms
• Mediation and litigation before the consumer courts
• Consumer law compliance and defence for businesses

Insurance law governs the relationship between the insured and the insurer and how compensation is paid when a loss occurs. In disputes arising from traffic accidents and motor, fire, health and life insurance, the policy terms and general conditions are decisive. Applying to the insurer in writing beforehand and observing the deadlines is often a precondition to collecting compensation.

Disputes can be resolved in court or before the Insurance Arbitration Commission. Our firm pursues compensation claims for accident and loss victims and also supports insurers and businesses on policy and recourse matters.

• Material and moral damages arising from traffic accidents
• Compulsory motor third-party liability insurance claims
• Vehicle depreciation and repair cost claims
• Comprehensive motor (kasko) insurance disputes
• Loss-of-support compensation in fatal accidents
• Disability and care-cost claims in injury accidents
• Insurance Arbitration Commission applications
• Fire, home and compulsory earthquake insurance (DASK) disputes
• Life, personal accident and health insurance disputes
• Cargo and goods-in-transit insurance disputes
• Professional liability insurance
• Recourse actions by insurers

Arbitration is the resolution of a dispute by arbitrators chosen by the parties instead of the state courts. Confidentiality, the ability to choose experienced arbitrators and ease of enforcement abroad make arbitration a preferred route, especially in international commercial relationships. The success of arbitration depends largely on a correctly drafted arbitration clause in the contract.

Alternative dispute resolution covers non-judicial methods such as negotiation, mediation, conciliation and expert determination. Our firm helps parties choose the most suitable route, represents them in arbitral proceedings and handles the recognition and enforcement of arbitral awards.

• Drafting arbitration clauses and agreements
• Institutional arbitration (ISTAC, ITOTAM, ICC and others) and ad hoc arbitration
• Domestic arbitration (Code of Civil Procedure) and international arbitration (Law No. 4686)
• Appointment and challenge of arbitrators
• Interim measures and attachments in arbitration
• Actions to set aside arbitral awards
• Recognition and enforcement of foreign awards (New York Convention)
• Investment arbitration
• Sports arbitration (TFF Arbitration Board, CAS)
• Insurance Arbitration Commission applications
• Voluntary mediation and structured negotiation
• Designing multi-tier dispute resolution clauses

Foreign nationals who live, work, study or invest in Türkiye are subject to the Law on Foreigners and International Protection and related legislation regarding entry, residence, work and citizenship. A deficiency in a residence permit application, or missing its deadline, can lead to an administrative fine, an entry ban or a deportation order. Because the time limits for challenging these decisions are very short, it is necessary to act quickly.

Our firm assists foreign individuals, their families and companies employing foreign staff with applications, objections and litigation.

• Short-term, family, student and long-term residence permit applications
• Actions against refusal and cancellation of residence permits
• Work permit and Turquoise Card applications
• Turkish citizenship applications by investment, marriage and exceptional route
• Actions against refusal of citizenship applications
• Actions against deportation orders
• Challenges to administrative detention orders
• Lifting entry bans and restriction codes
• International and temporary protection applications
• Property acquisition and company formation by foreigners
• Marriage and family reunification for foreigners
• Recognition and enforcement of foreign court judgments