Foreign creditors holding cheques, promissory notes or bills of exchange issued in connection with Turkish business transactions have access to a powerful collection tool under Turkish law: special execution proceedings on negotiable instruments (kambiyo senetlerine özgü icra takibi). This is a fast-track, document-driven enforcement mechanism regulated mainly by the Turkish Enforcement and Bankruptcy Law and […]
Under Turkish enforcement law, a debtor who believes that he or she does not actually owe the amount claimed is not limited to objecting to the payment order at the enforcement office. In some situations, the debtor may also file a “debt release action” (borçtan kurtulma davası) before the civil courts. This is a special […]
When a foreign creditor starts enforcement proceedings in Turkey and the Turkish debtor objects to the payment order, the enforcement automatically stops. At that point, the foreign creditor has two main legal remedies under Turkish Enforcement and Bankruptcy Law: Both remedies are subject to strict time limits and different evidentiary rules, so choosing correctly is […]
Foreign creditors who have outstanding receivables from debtors in Turkey can use the Turkish enforcement and bankruptcy system to collect their claims. The fact that the creditor is not resident in Turkey, or is a foreign company or individual, does not prevent them from starting enforcement proceedings, as long as certain procedural and jurisdictional requirements […]
When a foreign debtor receives a payment order (ödeme emri) from a Turkish enforcement office, the rules on objection are essentially the same as for Turkish nationals. The critical points are time limits, form, and the distinction between objection to the debt and objection to the signature. 1. Service of the Payment Order and Time […]
Many foreign businesspeople assume that sending goods to Turkey “informally” – without declaring them to customs or paying import duties – is simply a tax risk. Under Turkish law, however, this behaviour can constitute smuggling, a serious criminal offence with prison sentences, heavy fines and confiscation of goods and vehicles. This short guide explains, in […]
1. Introduction In recent years, the global shift toward remote working and freelance engagement has transformed labor markets worldwide. Turkey, strategically positioned between Europe and Asia, has become an attractive destination for remote professionals and digital nomads. Foreign individuals are increasingly choosing to live and work from Turkey while performing services for clients abroad. However, […]
1. Concept and Legal Nature of International Arbitration 1.1 What is arbitration? Arbitration is a private dispute resolution mechanism in which parties agree to submit current or future disputes to one or more independent arbitrators instead of state courts. The arbitrators examine the facts and the law, conduct hearings and ultimately render a binding decision […]
1. Introduction: Cross-Border E-Commerce and the Turkish Market Turkey has become a strategic market for cross-border e-commerce. A large, young population, widespread use of smartphones and a culture that is very active on social media platforms make Turkey an attractive destination for foreign brands that want to sell online without opening physical shops in the […]