The economy of Turkey is defined as an emerging market economy by the IMF. Turkey is among the world's developed countries according to the CIA World Factbook.

GRATA International is represented in Turkey in Istanbul. 

*Resource: Wikipedia

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Protection of Right of Easement

The right of easement is a right in rem which provides the right of utilization from a good to the rightholder on that good. This right may be asserted to anyone because of being a right in rem. The right of easement contains the right of usage and usufruct (usus - abusus). The rights in rem are subject to principle of “numerus clausus”, so parties may not create a new right in rem between them by agreeing.



Incoterms and one of the most used delivery methods of Incoterms: “FOB”

Incoterms (International Commercial Terms) are the rules that determine the distribution of responsibilities and costs between the parties during the transportation and delivery of goods within the purchase and sale relationship, regulated by ICC (International Chamber of Commerce). 


Mediation condition in commercial lawsuits

With the Law published in the Official Gazette dated 19 December 2018 and numbered 30630, mediation was brought as a condition to file a lawsuit for commercial receivables. Within this scope, some provisions of the Turkish Commercial Code (“TCC”) and the Law on Mediation in Civil Disputes (“HUAK”) have been amended.


Introduction of 2nd 2017 Edition of FIDIC Forms of Contracts

In 2017 the International Federation of Consulting Engineers has introduced major amendments to FIDIC 1999 Yellow, Red and Silver Books which have been in use in the construction industry for almost twenty years.


Shaimerden Chikanayev will be a panellist at the IBA ECA Forum 2018

On 5-7 September 2018, a IBA Europe-Caucasus-Asia Forum 2018 will be held in Almaty.


Priority Rights in Turkish Law

According to the Industrial Property Law, which entered into force on 10 January 2017, an enterprise of goods or services ensure distinguishing from or service goods other undertakings and brand owners to ensure protection of the subject it is turned on and including the names of persons, provided that shown on the register can provide an understanding of the exact words, shapes, colors, letters, numbers, to format the audio and goods or the packaging brand can be any kind of sign. A mark which is open to the public for the use of the mark is left to the person who registers him / her by registering. In this respect, an absolute right that can be put forward against everyone with a trademark right and compulsory by everyone is provided.


Compensation is not limited with the damage amount, according to the Turkish competition rules

In Civil Law and Common Law System, the fundamental of the compensation are separated from each other. In Civil Law System, the punishment of person or persons who cause harm and the prevention of similar behaviour are the adopted remark in determining the compensation of competition law. Meanwhile in Common Law, the logic of compensation for damage, adopted comment in the determination of compensation. 


Implementation of Foreign Court Decisions In Turkey

Recognition and enforcement, which is one of the legal terms, is regulated in International Private and Civil Procedure Law. The point of this regulation is how the decision given by the Foreign Court will be valid in the Turkish Courts.


Ancillary restraints in the mergers and acquisitions within the scope of Turkish law

Ancillary restraint is frequently one of competition restricting agreements in case of accepted as illegal it can damage market. Because mergers and acquisitions sometimes lose its importance without ancillary restraints.


Determination of the lease price of roofed work place within the scope of Turkish Law

In generally, the relationship between a landlord and a tenant is governed by a contract. That contract is referred to as the lease. A lease is an agreement between the landlord and the tenant in which the landlord agrees to allow the tenant to occupy a building or a piece of property owned by the landlord generally in return for the payment of periodic rent. Any issues relating to landlord/tenant law must initially be looked at in terms of what the lease calls for as to the respective rights and obligations of two parties.


Mandatory Mediation in Labour Disputes

Law of Labour Courts numbered 7036 (the “Law”) published in the Official Gazette No. 30221 dated October 25, 2017; introduced fundamental changes in the settlement of labour disputes. The radical changes implemented with the Law are as follows.

Mediation is only adopted as a preliminary condition before legal action in the selected type of issues noted at the Article 3 of the Law; ‘application to mediation is a pre-condition for cases dependent on individual or collective bargaining employment contracts or cases of employee or employer claims and compensation demands and for cases of employee reinstitution.’ This relevant Article 3, will enter into force at January 1, 2018.


Regulations on Trade of Second-Hand Motor Land Vehicles

The system has changed for trade of second-hand vehicles. From 13 February 2018 there will be warranty for second-hand vehicles.

Prior to sale of these vehicles, an expertise report will be compiled and a tracking system for the second-hand vehicles will be established. According to the new regulations, an authorization for 5 years will be certificated for sale of second-hand vehicles.

An information system for second-hand vehicles will be established and “vehicle delivery certificate” will be compiled. The certificate will contain information on mileage, painted and changed parts.


Decision of Banking Regulation and Supervision Agency

The end date of the implementation which makes the approval of the user mandatory for using the credit cards for online shopping was extended to 31 December 2018 instead of original 17 August 2017. The implementation was supposed to take effect on 1  January 2018. However Banking Regulation and Supervision Agency (BDDK) extended the confirmation date to 31 January 2018. Effective as of 1 February 2018, the online shopping using the credit cards will require approval of the consumers. The credit card owners will not be able to shop online unless they make a notice to their banks. Unless the credit card owners clearly demand, personal client cards or credit cards will be produced as blocked for electronic transactions. After receiving the credit card, the consumer will be able to shop online only after communicating with the consumer services of the bank and giving approval to electronic use.


Regulations on Performance of Services of Sale, Transfer and Registration of Vehicles

The sale and transfer transactions which are made without notaries will become invalid.

The sale, transfer and all registry processes, which is or will be registered by the notary, will be registered into the Record and Registry System of Vehicles (ARTES) within the Union of Turkish Public Notaries.

The documents related to the Records of the vehicle will be confidential.

The notaries who are responsible for recording the sale, transfer and all registry processes of the vehicles will certify the registry documents and number plates.


The authorization of PTT for delivering the documents with “apostille” to recipients

According to the law, PTT will be authorized to deliver the foreign official documents with apostille granted by competent bodies to recipients or electronically sending the documents with e-apostille to recipients.

PTT will be in service in taking the request of the documents with e-apostille, confirming the identification of the one who requests them, determining and collecting the fee, delivering the documents with e-apostille granted by the competent authorities to the one who requests them and interrogating the confirmation of the documents.

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