Blog
Court precedents, process guides and practical legal insights on Turkish law.
Whether a prison sentence imposed after regional appeal can be taken to the Yargıtay depends on the finality threshold in CMK 286. We explain how aggravated forms affect the right of appeal.
How are names incorrectly recorded during acquisition of Turkish citizenship corrected? Is an administrative application enough, or is a court case required? Explained step by step with Court of Cassation decisions.
How citizenship revocation, polygamy and a foreign-national decedent's status affect inheritance rights. Examined in light of Court of Cassation decisions and Law No. 1062.
How public officials in Turkey who were suspended from duty and later acquitted can recover their salary, employment rights and moral damages, explained through Council of State (Danıştay) case law.
Leasing jointly-owned (paylı) property without the other co-owner's consent can trigger ecrimisil, unjust enrichment claims, and even criminal liability. Explained through Court of Cassation (Yargıtay) rulings.
In co-owned property, a lease signed by one co-owner cannot be unilaterally terminated by another. We explain the legal conditions for entering into a new contract, in light of Court of Cassation decisions.
When does the liability of a member who transfers their cooperative share for dues and debts come to an end? We explain the conditions of the transfer process through Court of Cassation and Regional Court of Appeal decisions.
In counterfeit goods sale accusations, the absence of a search warrant, an incomplete receipt, and a low quantity of goods may all serve as grounds for acquittal. A defense strategy in light of Court of Cassation decisions.
A customs violation can expose foreigners in Turkey to deportation and an entry ban. What you need to know about the lawsuit to annul the restriction code and the deadlines.
The death of a landlord or tenant does not automatically end a lease in Turkey. We explain heirs' rights and the exceptions through Court of Cassation (Yargıtay) rulings.
What should you do if the distributor will not deliver the products and the seller will not refund the payment? We explain the enforcement, breach of contract and competition law dimensions.
Facing a criminal complaint under Turkish Penal Code (TCK) Article 123 for disturbing the peace because of your child's playing noise? We explain the Yargıtay's 'specific intent' and 'persistence' criteria.
After a rejected divorce case, divorcing again through de facto separation (TMK 166/4) is possible in Turkey. The waiting period is now 1 year, not 3. We explain the conditions and risks.
If an alimony or custody claim is rejected in a Turkish divorce case, does the other side get a court-awarded attorney fee? We explain through Court of Cassation (Yargıtay) 2nd Civil Chamber rulings.
The title deed is in your name, but a family elder or sibling lives in the property rent-free — what are your rights? We explain the notarial notice, eviction and ecrimisil (compensation for unlawful occupation) process.
How are elements such as the presumption of living in a rented home, economic necessity, and choice of location proven through witness testimony? A practical guide in light of Court of Cassation decisions.
Calling witnesses in an eviction action based on the landlord's need is a constitutional right. What happens if the court does not hear the witnesses? We explain through Yargıtay (Court of Cassation) and Constitutional Court rulings.
Disputes over items after eviction are common in properties rented with fixtures, such as hotels and shops. We explain the burden of proof and the Yargıtay's criteria.
If a tenant vacates the property while an eviction lawsuit is pending, the lawsuit becomes moot. So who pays the attorney fees? We explain your rights in light of Court of Cassation decisions.
Obtaining citizenship with a fake passport constitutes both migrant smuggling and forgery of an official document. We explain effective remorse, pre-trial detention, and sentence reduction.
Even without a written contract, bank receipts may count as prima facie written evidence of a fiduciary transaction. We explain your rights in an action for annulment of the title deed through Yargıtay (Court of Cassation) rulings.
What happens to rental income while a title-deed annulment lawsuit over a fiduciary transaction is pending? We explain requests to deposit rent with the court, in light of Yargıtay (Court of Cassation) rulings.
Is a fingerprint on a drug package alone sufficient for conviction? We explain defense strategies and key points to watch, in light of Court of Cassation rulings.
Foreign-national children of a Turkish-citizen father are heirs even if they are not registered in the civil registry. A guide to paternity actions, certificates of inheritance and inheritance shares.
The litigation process and required documents where an estate is inherited from a foreign-national decedent or one with civil registry issues, explained with Court of Cassation decisions.
Is the statute of limitations for forgery of an official document 8 years or 12 years? We explain interrupting causes and the extraordinary limitation calculation through Court of Cassation rulings.
The former owner sold the house you rent but is still trying to evict you? We explain your rights under Article 310 of the Turkish Code of Obligations (TBK) and Yargıtay (Court of Cassation) case law.
Can't divide your deceased relative's belongings with the other heirs? We explain the return of estate property, occupancy compensation (ecrimisil), and the criminal-theft dimension.
Which evidence works when objecting to an honorary traffic inspector's report? We examine precedents on alibi, vehicle-detail errors and the administration's burden of proof.
How is the offense date determined in the crime of intermediating the transfer of betting money under Article 5/1-c of Law No. 7258? A detailed analysis based on Court of Cassation and Regional Court of Appeal rulings.
What happens if evidence of a different, complaint-dependent offense is found during a search? The legal fate of incidental evidence under Article 138 of the Turkish Code of Criminal Procedure (CMK) and Court of Cassation rulings.
Which legal remedy applies against Insurance Arbitration Commission decisions, and does enforcement stop? The process is explained step by step within the framework of Court of Cassation (Yargıtay) case law and legislation.
Can an insurance expert be held liable for damage occurring at a service center they recommended? We examine this in terms of causation and service fault, through Court of Cassation (Yargıtay) decisions.
Intelligence information alone is not sufficient for a conviction. How does a complicity allegation collapse when a search comes up empty? We explain with Yargıtay (Court of Cassation) rulings.
A real estate sale contract not executed in official form is invalid in Turkey; the foreign currency you paid can be refunded in kind. We explain the process and interest calculation with Yargıtay case law.
When putting your commercial receivable into enforcement proceedings, should you rely on invoices or on the current account? We explain the right enforcement strategy in light of Yargıtay (Court of Cassation) case law.
Dismissing an employee for refusing a substantial change in working conditions is usually an unjust termination in Turkey. Your rights under Articles 22 and 25 of the Labor Law.
Can banks unilaterally close a merchant's loan account? We explain your rights through the TTK Article 18/3 procedural requirements, the good-faith principle and the default process.
In negligent injury cases, whether to suspend a driving license is within the judge's discretion. Which grounds for refusing HAGB are unlawful? We explain with Court of Cassation decisions.
Does a decaying wall's collapse, with debris left behind, give rise to criminal liability? We explain intent, active repentance, and compensation risk in damage-to-property offenses through Court of Cassation rulings.
What can be done if new evidence is found after a decision of non-prosecution becomes final? We explain the procedure to be followed under Article 172/2 of the Code of Criminal Procedure.
Is a judge obliged to remind a plaintiff who relies on oath evidence but fails to specify which fact it is meant to prove? HMK Article 194 and Court of Cassation decisions.
Did you receive a fine based on an honorary traffic inspector's report? We explain the objection process, the burden of proof, and a strong objection strategy based on Yargıtay (Court of Cassation) case law.
When the employer cites 'operational necessity', your employment contract is not automatically deemed validly terminated. What to watch for in a reinstatement lawsuit, with Yargıtay (Court of Cassation) rulings.
Are partial payments first applied to interest or to principal? We explain the mandatory rule under TBK Article 100, which protects the creditor, and the correct calculation method, through Court of Cassation rulings.
How is co-ownership dissolved in shared real property? We explain, with Court of Cassation decisions, whether the sale is carried out by public auction and how a missing occupancy permit affects the process.
Even with long-term residence and a work permit, a pending criminal trial can block your Turkish citizenship application. We explain the process through Council of State (Danıştay) decisions.
How does the post-privatization request to transfer to SGK, the 1,261-day rule, and additional-indicator rights work? We explain the retirement roadmap with Council of State decisions.
Sales made by the deceased during their lifetime can be assessed in an abatement lawsuit even if no title-cancellation lawsuit was filed. We explain the conditions using Court of Cassation decisions.
If you bought real estate under a promise of sale and paid the price in full, a bank mortgage placed on it afterward may be removable. We explain the conditions and risks through Court of Cassation (Yargıtay) decisions.
Is paying for prostitution via IBAN a crime in Turkey? We explain the criminal penalty, witness and blackmail risks under TCK 227 and the Misdemeanors Law, with Yargıtay case law.
In a rent determination lawsuit, the court fee is calculated on the rent difference. We explain the proportional fee rate, the timing of payment, and the consequences of an insufficient fee using Court of Cassation decisions.
A rent determination lawsuit cannot be filed retroactively. We explain the correct period and the correct claimant status using Court of Cassation decisions, so you don't lose your rights.
A tenant who does not object to a rent enforcement proceeding within 7 days is deemed to have admitted the debt. We explain the eviction conditions under Enforcement and Bankruptcy Law (İİK) Article 269 through Yargıtay (Court of Cassation) rulings.
How are the CPI index and the past 25% increase cap calculated for residential rents? A guide to calculating rent debts and credits in light of Yargıtay (Court of Cassation) rulings.
Additional protocols signed with a tenant can affect your right to file a rent determination lawsuit and the five-year period under TCO 344/3. We explain the binding force of a covenant not to sue.
A decision rendered without the defense being heard is a violation of the right to a legal hearing. We explain the limits of the right to defense in light of Court of Cassation and Constitutional Court decisions.
Have you resigned or been dismissed? We explain step by step how severance pay, notice pay and annual leave pay are calculated, in light of Yargıtay (Court of Cassation) rulings.
How are the execution ratio, conditional release (parole) and probation periods calculated for sexual assault offenses under Law No. 5275? We explain step by step.
How is an ecrimisil claim on jointly-owned property calculated, and how many years back can it reach? We explain the notice-to-vacate (intifadan men) requirement and the statute of limitations defense through Court of Cassation rulings.
It is possible to file a lawsuit for property damage without knowing the exact amount. We explain the conditions for an indeterminate claim lawsuit and the effect of a pre-litigation evidentiary examination using Court of Cassation decisions.
Under TCO 335, if the landlord does not give 'immediate' notice of the damage, the tenant is released from liability. We explain the time limits using Court of Cassation decisions.
An heir living in a gecekondu on Treasury land cannot claim entitlement alone. We explain the conditions of a beneficiary-status determination action in urban renewal through Yargıtay (Court of Cassation) rulings.
An understated rent contract may be deemed collusive (muvazaa); it can trigger tax loss penalties, special irregularity fines and even the risk of tax evasion charges. We explain the details.
Unilaterally withdrawing from a promise-of-sale contract because economic conditions have changed can be risky. We explain the adaptation conditions under TBK Article 138 and the consequences of unlawful termination.
Under Turkish law, inheritance is divided according to the class (zümre) system after the surviving spouse's share is set aside. A spouse who inherits together with children takes 1/4; the remaining 3/4 is split equally among the children.
A vehicle owner who is not at fault or only slightly at fault in an accident may claim value-loss compensation from the other party's traffic insurance. The claim is filed with the insurer; if it is not paid within 15 days, the Insurance Arbitration Commission route becomes available.
An uncontested divorce takes an average of 1-2 months, while a contested divorce takes 1-2 years at first instance. The factors determining the duration are the type of case, the state of the evidence, the number of witnesses, and the court's caseload.
Severance pay is calculated on the basis of 30 days of 'dressed' gross wages for each full year of service. Transportation, meal allowances, and regular bonuses are included in the calculation; only stamp duty is deducted.
A tenant can be evicted based on a commitment to vacate, two justified warnings, the landlord's need, reconstruction, or the 10+1 year rule. Each route has its own time limit and formal requirements.
In enforcement proceedings without a judgment, a written objection must be filed with the enforcement office within 7 days of service of the payment order. An objection halts the proceedings; if the deadline is missed, the proceedings become final and seizure begins.
Reinstatement requires at least 30 employees at the workplace, at least 6 months of seniority for the employee, and an invalid termination. A mediation application must be filed within 1 month of the notice of termination.
Articles are translated progressively; the full archive is available in Turkish.