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.

Amendment of International Arbitration Act

With the amendment of International Arbitration Act, in rejection cases against the final decree on arbitrations, “the regional courts of justice” will be authorized.

The duties and authorizations of the civil courts of general jurisdiction in International Arbitration Act will be in effect for the civil courts of general jurisdiction or the commercial courts of first instance depending on the subject of the conflict.


Law on Amendment of Enforcement and Bankruptcy Law

Equity companies and cooperatives are able to request an arrangement of bankruptcy instead of suspension of bankruptcy.

Each creditor entitled to bankruptcy petition is able to request the arrangement of bankruptcy operations to take effect on the obligor with a reasoned request.

Upon request of arrangement of bankruptcy, the court will decide on a temporary respite after determining that all the requested documents are completely present and will take all the precautions necessary in order to protect the assets of the obligor.


Requirements for Power of Attorneys Issued Outside Turkey

Turkey’s General Directorate of Land Registry and Cadastre Department of Foreign Affairs made an announcement on the procedures and principles regarding power of attorneys issued abroad and used during land registry transactions (in Turkey).


New Regulations for Collective Internet Use Providers

Turkey has introduced new regulations on obligations and liabilities of collective internet use providers. The Regulation on Collective Internet Use Providers (“Regulation”) was published in Official Gazette numbered 30035 on 11 April 2017, entering into effect on the same date.


Tax Obligations for E-Money and E-Payment Agencies are Regulated

The Communiqué was published in Official Gazette numbered 3004 dated 11 March 2017, entering into effect on 1 April 2017.


Regulation Published on Working Permits for Foreign Employees in Free Trade Zones

The Regulation was published in Official Gazette numbered 30078 and dated 27 May 2017, entering into force on the same day.


Exemption of VAT for Foreigners Purchasing Residence and Office Premises

The Communiqué was published in Official Gazette numbered 30057 dated 5 May 2017, entering into effect on the same date.


Payments Regarding Trade Including/Involving Free Trade Zones Can Be Made in Turkish Liras

The Council of Ministers Decree was published in the Official Gazette numbered 30063 and dated May 11, 2017 and entered into force on the same date.


Turkish Citizenship in Return for US$1.5 Million Worth of Investment

The Amendment of the Regulation on Implementation of the Turkish Citizenship Law was published in the Official Gazette numbered 30057 and dated May 5, 2017, and entered into force on the same date.


Russia lifts several sanctions against Turkey

The Decree No. 244 dated 31 May 2017 of the President of Russian Federation abrogated the following economic measures against Turkey


Russian sanctions against Turkey: recent changes

The Decree of the Government of the Russian Federation No. 1015 dated 7 October 2016 extended the list of employers and customers of works (services) that are not subject to the ban on engaging Turkish nationals, who are not in employment and(or) civil legal relationships with such employers, customers of works (services) as of 31 December 2015


Isikal law office and GRATA International are increasing cooperation

The representatives Isikal Law Office, associated office of GRATA International in Turkey,  Alper Isikal and Caner Durgut, have arrived Kazakhstan and visited the Almaty office of GRATA International. 


Russian sanctions against Turkey: the list of exempted employers amended

The Decision of the Government of the Russian Federation No. 396 dated 6 May 2016 introduced amendments to the Decision of the Government No. 1458 approving the list of employers and customers of works (services) in Russia that are exempt from the ban to engage citizens of the Republic of Turkey who were not in employment and(or) civil-legal relationships with such employers and customers as of 31 December 2015. The new lists of employers and customers are effective from 24 May 2016.


Kanat Seidaliev, Partner of GRATA International, participated in the Central Asia Investment Forum

organized by the Financial Times and the European Bank for Reconstruction and Development


Well-Known Trademark in Turkish Legislation

An article by Işıkal Law Office(Turkey), member of GRATA International


Turkish investors are not on their own in Eurasia

Alper Işıkal, Managing Partner of Işıkal Law Firm, associated office of GRATA International in Istanbul (Turkey). GRATA International has around 20 branches in Eurasia and Central Europe, stated that Turkish investors are not on their own in Eurasia, thanks to this significant collaboration.


FERB Member who exports 'Law'

Alper Işıkal, Managing Partner of Işıkal Law Firm, associated office of GRATA International in Istanbul (Turkey) a graduate of İstanbul University Law School, worked at McDonald's for 4 years and gained experience in 'real estate law'.


Real estate investment fund

It is an inevitable fact that developing economies create investment tools. Thus, as it was published on Communiqué No. III-52.3 regarding Real Estate Investment Funds (referred as Communiqué hereafter), a new investment tool became operative in securities market.


Isikal Law Office, the associated office of GRATA International in Turkey, joined Foreign Economic Relations Board of Turkey

GRATA International is glad to announce that Isikal Law Office, the associated office of GRATA International in Turkey, has joined Foreign Economic Relations Board of Turkey (DEIK).


Newsletter of associated office of GRATA International in Turkey

GRATA International is announcing about the newsletter of our associated office in Turkey (Istanbul)

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