Team Errors & Chain Liability in Medical Malpractice in Türkiye Anesthesia, Nursing, Technician, and Laboratory Mistakes — Who Pays, What to Prove, and How to Win the Case 1) Why “team error” cases are different (and often stronger) Most patients think malpractice means “the doctor made a mistake.” In real life—especially in hospitals—the outcome is […]
Arbitration is designed to deliver a final and binding outcome based on party autonomy. Yet, no legal system enforces arbitral awards blindly. Courts must strike a balance between (i) protecting the finality and efficiency of arbitration and (ii) safeguarding the legal order’s fundamental values—due process, basic rights, and the prohibition of illegality. This balance is […]
1) Why service of process becomes the “bottleneck” in international disputes In cross-border litigation, even a strong claim can stall if the court cannot properly notify the defendant abroad. Service of process is not a formality—it is the procedural gateway to the right to be heard and the right of defence. When service fails or […]
1) Why this topic matters in cross-border disputes In disputes involving a foreign element—international contracts, cross-border family matters, foreign employment relationships, or torts with an international dimension—the “applicable law” often determines the outcome. Limitation periods, heads of damages, interest rules, contractual validity, and even the existence of a claim may change dramatically once a foreign […]
1) What is statelessness Statelessness means more than lacking a passport. Under the 1954 Convention, a stateless person is someone “not considered as a national by any State under the operation of its law.” The definition requires looking not only at written nationality laws, but also at how those laws operate in practice—an approach consistently […]
1) What is a deportation (removal) decision and who issues it? In Turkey, deportation/removal decisions are administrative acts issued by governorates, often within the framework of Law No. 6458 and the migration administration. The decision must be notified with reasons, and the person should be informed about available remedies and deadlines. In practice, the case […]
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 […]