Introduction Commercial contracts constitute the backbone of economic life. In Turkey, commercial activities are largely shaped by contractual relationships between merchants, companies, and investors. Whether it involves supply agreements, distribution contracts, service arrangements, or joint ventures, commercial contracts play a decisive role in regulating rights and obligations between parties. Under Turkish law, commercial contracts are […]
Introduction The land registry and cadastre system forms the backbone of property law in Turkey. Every real estate transaction, ownership right, and legal restriction concerning immovable property ultimately derives its validity from this system. For both Turkish citizens and foreign investors, understanding how the land registry and cadastre operate is essential to ensuring legal security […]
Introduction In an increasingly globalized world, legal disputes frequently cross national borders. As individuals and companies engage in international trade, marriage, inheritance, and investment, court judgments rendered in one country often need to be given effect in another. Turkey, as a major hub for international business and migration, regularly encounters such situations. However, a foreign […]
1. Legal Framework for the Enforcement of Foreign Judgments in Turkey 1.1 The Statutory Basis: Articles 50–59 of MÖHUK The Turkish legal system allows the recognition and enforcement of foreign judgments through a dual judicial mechanism under MÖHUK. According to Article 50, a foreign judgment may only be enforced in Turkey if it has become […]
1. Introduction The monetization of intangible assets such as trademarks, patents, designs, copyrights, and software codes has become a central pillar of modern commercial law. In the digital economy, intellectual property (IP) rights constitute a substantial portion of corporate value, often exceeding tangible assets. Yet, when enforcement and liquidation proceedings arise—particularly under Turkish law—the conversion […]
1. Introduction Concordat (composition with creditors) represents a vital mechanism in Turkish insolvency law, enabling financially distressed debtors to restructure debts and continue operations while ensuring equitable treatment of creditors. In recent years, the increasing participation of foreign creditors and cross-border contractual relations has introduced substantial complexities into concordat procedures, particularly concerning the admissibility, authenticity, […]
1. Legal Framework of the Turkish Concordat System 1.1. Purpose and Nature The concordat aims to restructure a debtor’s debts under the supervision of the court, allowing partial repayment while preserving business continuity. It operates as a collective enforcement mechanism, replacing individual execution proceedings with a structured, court-supervised repayment plan. The system protects both the […]
1) Why Foreign Currency Claims Become a “Core Issue” in Bankruptcy Foreign currency receivables—USD, EUR, GBP and others—are common in cross-border trade, shipping, construction, tech, and financing transactions connected to Türkiye. When the debtor enters bankruptcy, the creditor’s headline concern is no longer only existence of the debt, but also: Because FX movements can be […]