1) The EU’s core logic: predictability and a single “jurisdiction map” Within cross-border civil and commercial disputes, EU law answers one decisive question early: which Member State court has jurisdiction? The EU’s policy goal is legal certainty and smooth judicial cooperation across borders. The cornerstone instrument is the Brussels I Recast (Reg. 1215/2012), establishing a […]
1) Purpose: return, not custody merits The 1980 Hague Convention is designed to secure the prompt return of children wrongfully removed to or retained in another Contracting State, so that custody issues can be determined by the authorities of the child’s habitual residence. It is not a “who should get custody?” trial; it is a […]
Cross-border marriages, dual citizenship, foreign divorces, and international relocation of children have made private international law issues routine in Turkish family practice. In these disputes, the outcome often turns on three core questions: Below is a practice-oriented review of recent trends reflected in decisions of the Turkish Supreme Court, particularly the 2nd Civil Chamber. 1) […]
1) Party capacity vs standing: the first distinction that prevents early dismissal In Turkish litigation, party capacity is the ability to be a party to a lawsuit. The Civil Procedure Code links party capacity to the ability to enjoy civil rights.This is different from standing (proper plaintiff/defendant). A foreign company may have party capacity, yet […]
1) What is a jurisdiction agreement and why does it matter? A jurisdiction agreement (often drafted as a “jurisdiction clause”) is the parties’ contractual choice of which court(s) will have territorial jurisdiction over disputes arising from a defined legal relationship. A well-drafted clause can reduce uncertainty, cost, and delay. A poorly drafted one can do […]
1) What is “international jurisdiction” in Turkey? International jurisdiction answers a threshold question in cross-border private disputes: which country’s courts may hear the case. It is distinct from applicable law (choice of law). A Turkish court may have international jurisdiction, yet apply foreign substantive law to the merits. This distinction matters for forum strategy, jurisdiction […]
1) Can foreigners sue in Turkey? Yes. Foreign individuals and foreign companies can bring claims before Turkish courts. The core procedural framework is generally the same as for Turkish citizens, but foreign parties commonly face additional complexity in service of process, document formalities and translations, court fees and costs, security for costs (cautio judicatum solvi), […]
Delayed Emergency Department Intervention & Wrong Triage in Türkiye Legal Claims for Death and Catastrophic Injury 1) Why “minutes” matter in emergency care—and why courts take it seriously Emergency departments exist for one reason: time-critical stabilization and treatment. When a patient is incorrectly triaged (e.g., marked “green” when they should be “yellow” or “red”), or […]
Orthopedic & Traumatology Malpractice in Türkiye: Wrong Surgery, Wrong-Side Operations, Missed Diagnosis, and Permanent Disability Claims Why orthopedic malpractice cases are uniquely high-stakes Orthopedic and traumatology interventions often decide a patient’s long-term mobility, independence, and earning capacity. A single error—operating on the wrong side, missing a fracture on initial imaging, failing to recognize compartment syndrome, […]
Obstetrics & Gynecology Malpractice in Turkey Delayed C-Section, Birth Trauma, Missed Diagnosis, and Permanent Injury Claims 1) Why obstetrics malpractice cases are uniquely high-stakes Obstetrics and gynecology (OB-GYN) care is one of the most time-sensitive areas of medicine. A few minutes can define outcomes for two patients at once: the mother and the baby. When […]