130 publications · 2 categories
Notes from the law.
Recent legislative changes, notable court decisions, and ways to resolve frequently encountered legal questions.
- Individual
What Happens When an Heir to a Turkish Estate Cannot Be Found?
Turkish inheritance procedure provides for missing or unlocated heirs through curator appointment and formal search steps rather than simply excluding them. - Individual
Mortgage and Lien Problems in Turkish Property Purchases: Protecting the Buyer
Undisclosed mortgages, liens and attachments on Turkish real estate can seriously affect a buyer, even after the title deed has been transferred. - Corporate
Can a Foreign Judgment Be Partially Enforced in Türkiye?
Turkish courts may enforce only the severable parts of a foreign judgment that meet the statutory conditions, leaving other parts refused. - Individual
Power of Attorney for Divorce Proceedings in Türkiye: What Foreign Nationals Need
A spouse who cannot attend a Turkish divorce case in person can usually be represented under a power of attorney, but Turkish practice applies specific formal requirements to divorce-related powers. - Individual
Using a Power of Attorney for Inheritance Proceedings in Türkiye While Abroad
Foreign heirs can handle most steps of a Turkish inheritance file, including obtaining an inheritance certificate and dealing with estate property, through a properly drafted power of attorney. - Individual
Can Inheritance Matters in Türkiye Be Handled Entirely by Power of Attorney?
A properly drafted and authenticated power of attorney allows most Turkish inheritance steps to be completed without the heir travelling to Türkiye. - Corporate
Pre-Action Demand Letters to Turkish Debtors: Why They Matter Before Enforcement
A properly drafted demand letter to a Turkish debtor can trigger default interest, create a documented paper trail and sometimes open the door to mandatory mediation or settlement before formal enforcement begins. - Individual
Pre-Emption Rights of Co-Owners in Turkish Real Estate: When Can a Sale Be Challenged?
When a co-owner sells their share of jointly owned Turkish property to a third party, the other co-owners may have a legal right to step into the buyer's place. - Corporate
Public Policy Objections to Enforcing a Foreign Arbitral Award in Türkiye
Turkish courts apply the public policy exception narrowly when reviewing a foreign arbitral award, limiting refusal to serious breaches of fundamental principles. - Corporate
The Reciprocity Requirement in Enforcing Foreign Judgments in Türkiye
Turkish courts refuse to enforce a foreign judgment unless a reciprocity relationship exists between Türkiye and the state where the judgment was rendered, and this requirement is examined case by case. - Individual
Can a Religious or Non-Judicial Foreign Divorce Be Recognised in Türkiye?
A divorce granted abroad by a religious authority or administrative body may or may not be recognised in Türkiye, depending on how it was formed. - Individual
Removal Centre Detention in Türkiye: Rights and Access to Legal Counsel
Foreigners held at a removal centre in Türkiye retain rights to legal counsel, communication with family, and medical care while their case is reviewed. - Individual
How Can a Foreign Heir Renounce an Inheritance in Türkiye?
Foreign heirs can formally renounce a Turkish inheritance, but the statutory deadline and the correct court both need careful attention from abroad. - Individual
Residence Permit Cancellation in Türkiye: Grounds and Response
A residence permit in Türkiye can be cancelled during its validity period for reasons such as address failures, changed conditions or misuse of the permit's purpose. - Individual
Restriction Codes and Work or Residence Permit Refusals in Türkiye
A restriction (tahdit) code on a foreigner's immigration record can cause work permit or residence permit refusal even where other conditions are met. - Individual
Can a Foreign Divorce Ending a Same-Sex Marriage Be Recognised in Türkiye?
Recognition of a foreign divorce that ended a same-sex marriage raises a distinct public policy question under Turkish private international law. - Individual
Scope and Revocation of a Power of Attorney in Türkiye: What Principals Should Know
The powers granted under a Turkish power of attorney are read narrowly by Turkish institutions, and revoking one requires specific steps to be effective against third parties. - Corporate
Security for Costs (Teminat) Rules for Foreign Claimants in Türkiye
Foreign claimants suing a Turkish debtor may be required to deposit security for costs before proceeding, though exemptions can apply based on reciprocity and international treaties, so this should be checked early. - Corporate
Service and Due Process Objections in Turkish Tenfiz Proceedings
A foreign judgment cannot be enforced in Türkiye if the defendant was not duly summoned or represented before the foreign court, and Turkish courts examine this objection closely. - Corporate
Set-Off Defences Against Enforcement of a Foreign Arbitral Award in Türkiye
A debtor facing enforcement of a foreign arbitral award may raise a set-off claim, though Turkish courts distinguish this from the limited grounds for refusing enforcement itself. - Individual
Short-Term Residence Permit Refusal in Türkiye: Common Grounds and Remedies
A refused short-term residence permit in Türkiye often concerns health insurance, financial means, address records or purpose of stay evidence. - Individual
Why Does a Foreign Divorce Decree Need a Sworn Turkish Translation?
Turkish registries and courts require a certified sworn translation of a foreign divorce decree before it can be registered or relied upon. - Corporate
Improper Tribunal Composition and Due Process Objections Under the New York Convention in Türkiye
Turkish courts examine whether the arbitral tribunal was properly constituted and whether the party against whom enforcement is sought had a genuine opportunity to present its case. - Individual
Do Foreign Heirs Pay Inheritance Tax on Turkish Assets?
Foreign heirs inheriting Turkish assets are generally subject to Turkish inheritance and transfer tax, with a filing obligation separate from the civil inheritance procedure.
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