Introduction Contracts are essential legal instruments used to regulate relationships between individuals, companies, and institutions. A well-drafted contract provides legal certainty, clarifies the rights and obligations of the parties, and helps prevent disputes. However, poorly drafted contracts may lead to misunderstandings, financial losses, and complex legal conflicts. In Turkey, contract drafting is primarily governed by […]
Introduction Contracts play a central role in regulating legal relationships between individuals, companies, and institutions. In Turkey, the validity and formation of contracts are primarily governed by the Turkish Code of Obligations (Türk Borçlar Kanunu – TBK). This legislation establishes the legal framework for how contracts are formed, interpreted, and enforced. For a contract to […]
Introduction Contract law constitutes one of the fundamental pillars of private law in every legal system. In Turkey, contract law is primarily governed by the Turkish Code of Obligations (Türk Borçlar Kanunu – TBK), which regulates the creation, validity, interpretation, performance, and termination of contracts. Contracts play a crucial role in both personal and commercial […]
Delay Damages in Shipping and “Demurrage / Detention” Disputes: How They Arise, How They’re Calculated, and How to Win ThemDelay is the quiet profit-killer of maritime trade. A vessel arrives “almost” on time, cargo is “nearly” ready, paperwork is “about” to clear—and suddenly the bill contains a line item that dwarfs the freight: demurrage, detention, […]
Port State Control (PSC) is designed to keep substandard ships out of international trade lanes, protect life and property at sea, prevent pollution, and enforce minimum living/working conditions on board. In practice, however, a PSC inspection can quickly become a commercial crisis: a vessel is delayed, cargo misses its window, a charterparty chain starts issuing […]
When the Matrimonial Property Regime Becomes Cross-Border: Which Law Applies, and Which Connecting Factor at Which Date? When a matrimonial property regime becomes cross-border—because the spouses have different nationalities, live in different countries over time, or hold assets in more than one jurisdiction—the core question is often: which law governs the property regime? The answer […]
Maintenance (Alimony) and Child Custody in Mixed Marriages: Applicable Law and Conflicts of Jurisdiction In mixed marriages—where spouses have different nationalities, the family’s habitual residence changes across borders, or the marital life is closely connected to more than one state—the most sensitive part of a divorce file is often maintenance (alimony) and child custody. This […]
Governing Law and Dispute Resolution Design in International Investment Agreements International investment agreements span a wide range of structures: concession and implementation contracts with public authorities, energy and infrastructure projects, mining and licensing arrangements, joint ventures, and long-term supply or operations agreements. In practice, two issues determine the “outcome” of the relationship long before any […]
Effects of a Foreign Divorce Decision in Turkey: Recognition/Enforcement and Civil Registry (Population Register) Impacts In practice, the most common misunderstanding is this: a divorce decision that has become final abroad does not automatically change your marital status in Turkey’s civil registry. Therefore, the topic “Effects of a Foreign Divorce Decision in Turkey: Recognition/Enforcement and […]