Commercial Law

In our work in this field, we act within the framework of the Turkish Commercial Code No. 6102, the Turkish Code of Obligations and the provisions of the relevant legislation; we carry out our legal assessment taking into account the particular contractual structure of each commercial relationship, its sector-specific conditions and the characteristics of the concrete case.

Among the foremost services we provide within the scope of commercial law are the drafting and review of commercial contracts and the conduct of negotiation processes. It is of importance that dealership, distributorship, franchise, supply, service, sale, lease, cooperation and similar commercial contracts regulate the rights and obligations of the parties in a clear and enforceable manner that reduces the risk of dispute.

The review of existing contracts, the identification of provisions giving rise to risk, and the assessment of clauses concerning contractual penalties, termination, payment, delivery, defects, liability and competent courts likewise constitute an important part of our commercial advisory services.

We provide legal support in the process of collecting commercial receivables at the stages of preparing formal notices, conducting negotiations with the debtor, initiating enforcement proceedings and, where necessary, having recourse to litigation. In claims based on negotiable instruments such as cheques, promissory notes and bills of exchange, enforcement and litigation processes are conducted by taking into account the special provisions relating to the law of negotiable instruments.

Furthermore, legal processes relating to claims for ascertainment, injunction, pecuniary compensation and non-pecuniary compensation in respect of unfair competition, the protection of commercial reputation, deceptive conduct, unlawful interference directed at a customer base and acts that adversely affect the activities of a commercial enterprise also fall within our field of practice.

The disputes most frequently encountered in commercial life generally arise from breach of contract, failure to fulfil payment obligations, the supply of defective goods or services, delay in delivery, the wrongful termination of a contract and the parties' incomplete or improper performance of their obligations.

In disputes of this kind, not only the text of the contract but also the correspondence between the parties, invoices, commercial books, delivery documents, formal notices and payment records are of importance. For this reason, in commercial disputes the evidence must be assessed correctly and the process must be conducted in accordance with proper procedure from the outset.

The collection of overdue commercial receivables, the date of default, the type of interest to be applied, advance interest, contractual interest, the statute of limitations and the proof of the debt are likewise matters frequently addressed in commercial law advisory work. The correct determination of the amount that may be claimed is of importance in terms of avoiding unnecessary litigation and enforcement risks.

The process in the field of commercial law begins, first and foremost, with determining the client's legal needs or the scope of the dispute. At the initial assessment stage, contracts, invoices, commercial book records, payment documents, electronic correspondence and other evidence are examined.

Depending on the nature of the dispute, the possibilities of settlement, conciliation and negotiation are evaluated as a first step. In disputes falling within the scope of mediation as a condition precedent to litigation in commercial cases, recourse to the mediation process is required before an action is brought. In this process, participation in the meetings is ensured in line with the client's interests, and the possible resolution options are assessed together with their legal consequences.

Where no result can be achieved through mediation or negotiation, enforcement proceedings, an action for the collection of receivables, an action for compensation, an action for negative declaratory judgment, an action for the annulment of objection, an action for unfair competition or other legal remedies appropriate to the concrete case may come into question. Throughout the litigation and enforcement process, time limits, the submission of evidence, expert witness examinations, hearings and procedural acts are diligently followed.

In every file, the aim is to conduct the legal process in a transparent, measured and legally compliant manner while protecting the client's commercial interests. Within this scope, the client is regularly informed about the stages of the process, the possible risks and the legal remedies that may be pursued.