1. Introduction: The Challenge of Cross-Border Insolvency Globalization has led to corporate structures operating across multiple jurisdictions. When such entities become insolvent, their assets—often dispersed across several countries—raise the question of which insolvency estate has the right to manage and liquidate them.For Türkiye, a jurisdiction with significant foreign investment and trade volume, the authority of […]
1. Introduction In international commerce, monetary obligations are frequently expressed in foreign currencies such as the euro (EUR), United States dollar (USD), or British pound (GBP). When disputes arise, particularly over unpaid debts or performance failures, creditors may seek security measures to protect their interests before or during litigation. Under Turkish law, one of the […]
1. Introduction: Why Provisional Attachment Matters in Cross-Border Debt Cross-border receivables create a predictable enforcement problem: time. The debtor can move funds, restructure assets, route payments through third parties, or empty accounts long before a judgment or arbitral award becomes enforceable. This is exactly the window in which Turkish law offers a powerful interim instrument: […]
1. Introduction In the globalized economy, cross-border secured transactions are increasingly common. Foreign lenders, financial institutions, and investors often seek to establish or enforce security interests — such as mortgages, pledges, or guarantees — over assets located in Turkey. However, the enforcement of foreign security interests (“foreign collateral rights”) in Turkey raises complex legal issues […]
Introduction In global maritime commerce, creditors frequently encounter challenges when enforcing claims against foreign-flagged vessels. Unlike domestic vessels, foreign-flagged ships operate under the jurisdiction of another state’s flag, which raises complex legal issues regarding jurisdiction, enforcement, and security for maritime claims. Ensuring that a claim is effectively secured, enforced, and satisfied requires a thorough grasp […]
1. Introduction: Why Foreign-Law Receivables Often End Up Being Collected in Turkey In international commerce, it is common for contracts to be governed by a foreign law (English law, Swiss law, German law, etc.) while the debtor’s assets—bank accounts, receivables, inventory, real estate, shares, or ongoing projects—are located in Turkey. When payment fails, the creditor’s […]
I. Introduction: The Interplay of Private Autonomy and Enforcement Sovereignty International trade and investment rely on contractual freedom — the freedom to select the applicable law and the forum for dispute resolution. Yet when disputes reach the enforcement stage, that autonomy faces the state’s monopoly on coercive execution (imperium). Enforcement proceedings (icra takibi) are by […]
Introduction In an increasingly globalized world, cross-border mobility has significantly increased, resulting in a growing number of foreign nationals residing in, traveling to, or conducting business within Turkey. While Turkey welcomes foreigners for tourism, education, employment, and investment, foreign nationals are also subject to Turkish laws during their presence in the country. One of the […]
A Comprehensive Legal Guide for International Investors Introduction Türkiye has emerged as one of the most attractive destinations for foreign investors seeking access to regional and global markets. Strategically located at the crossroads of Europe, Asia, and the Middle East, Türkiye offers a dynamic economy, a young and skilled workforce, a liberal investment regime, and […]
1. Introduction In an increasingly globalized world, cross-border marriages have become common, leading to complex legal consequences in the field of immigration law. One of the most significant legal instruments regulating the stay of foreign nationals married to Turkish citizens or other foreigners in Türkiye is the family residence permit. This permit allows family members […]