Civil Law

In our work in this field, we take into account the provisions of the relevant legislation, foremost among them the Turkish Civil Code No. 4721, as well as current judicial practice. Each file is handled by assessing together the legal position of the parties, the available documents, the conditions for bringing an action, the statutory time limits, and the particular features of the concrete case.

Within civil law, transactions and disputes relating to inheritance law occupy an important place. Among the principal matters addressed in this field are obtaining a certificate of inheritance, the determination of the estate, the division of the estate, the resolution of disputes arising from the joint ownership of the inheritance, the assessment of wills and inheritance agreements, and claims aimed at protecting reserved (statutory) shares.

The legal consequences for the heirs of the transactions carried out by the deceased over their assets, the heirs' rights to a reserved (statutory) share, the determination of the asset values included in the estate, and matters such as the disclaimer of inheritance are subject to the necessary legal assessment so that the client does not suffer any loss of rights.

In the field of the law of persons, disputes concerning the change of a given name and surname, age correction, the correction of civil-registry records, the examination of records relating to parentage, and the personal-status register fall within our area of practice. In such actions, the civil-registry records, official documents, witness statements, and the particular features of the concrete case are assessed together.

The prevention of attacks on personal rights, the cessation of such an attack, the establishment of unlawfulness, and claims for pecuniary and non-pecuniary compensation may also be assessed within the scope of civil law. In violations affecting a person's name, honour, private life, reputation, and personal values, the legal remedies appropriate to the concrete situation are determined.

Transactions concerning a person's legal capacity or representation, such as guardianship, trusteeship, legal incapacity, the appointment of a guardian, the replacement of a guardian, obtaining authorization from the guardianship authority, and a declaration of the presumption of death (absence), also fall within our civil law area of practice.

Among the disputes most frequently encountered in practice in civil law are the division of the estate, the determination of the estate, actions for abatement, claims for equalization (collation), the annulment of a will, and actions based on collusion by the deceased (simulated transactions) grounded on allegations of concealing assets from the inheritance.

In inheritance disputes, the land-registry records, bank records, certificates of inheritance, wills, official deeds, sale transactions, and the dispositions made by the deceased during their lifetime must be examined carefully. In particular, the reserved (statutory) share, restitution to the estate, the true intention of the deceased, and the legal nature of the transaction may be determinative in resolving the dispute.

The correction of civil-registry records, the change of a given name or surname, age correction, and the rectification of errors in personal-status records are also among the frequently encountered matters. In these actions, it is important that the basis of the claim be supported by concrete documents and, where necessary, by witness statements.

In actions brought on account of the violation of personal rights, the nature of the violation, the manner of its dissemination, its effect on the person's reputation or private life, and the legal protection remedies that may be sought are assessed together.

In matters such as the disclaimer of inheritance, the constructive disclaimer of inheritance, the debts of the estate, and the liability of the heirs, the correct assessment of the statutory time limits and procedural rules is of great importance for preventing any loss of rights.

The civil law process begins, first and foremost, with the determination of the legal relationship that is the subject of the dispute or the claim and with the examination of the relevant documents. The legal situation is established by assessing the civil-registry records, land-registry records, certificates of inheritance, wills, estate records, official deeds, court decisions, and other evidence.

Depending on the nature of the claim, non-contentious jurisdiction proceedings, recourse to litigation, requests for interim injunctions, or applications to be made before the relevant institutions are assessed. In files where a resolution between the parties is possible, such as the division of the estate, the possibility of conciliation and agreement is considered first.

In situations where an action must be brought, the competent and territorially authorized court is determined, the statement of claim is prepared, and the evidence is submitted to the court. During the proceedings, witness statements, expert witness examinations, on-site inspections, and correspondence with the relevant institutions concerning the land-registry and civil-registry records are followed carefully.

In each file, the aim is to protect the rights of the person or of the heirs in accordance with the particular features of the concrete case, to conduct the process in conformity with the statutory time limits and procedural rules, and to prevent the client from suffering any loss of rights. The client is regularly informed about the stages of the process, the possible outcomes, and the legal remedies that may be pursued.