With the Law No. 6458 on Foreigners and International Protection, the refugee/ asylum legislation, which was previously dispersed, has become a whole and has gained a legal basis. The law in question also introduced innovations in the sense of terms. The concept of conditional refugee was chosen instead of the concept of asylum seekers used [...]
Visa requirement is one of the legal conditions of the entry to Turkey, for foreigners. The Law numbered 6458 of Foreigners and International Protection which is recently adopted and will soon enter into force, contains numerous provisions related to the entry of foreigners to Turkey and visa requirement. These provisions will define the main legal [...]
The right to property is the essence of all rights. For this reason, the nature and protection of the property right is also unique to itself. Absolute and unlimited property rights have caused legal difficulties in the realization of community benefit. The expansion of social rights and the increased involvement of the State in the [...]
Preliminary Real Estate Contract is type of agreement that can frequently be seen in practice. Under an Preliminary Real Estate Contract, the seller takes on the obligation to sell a particular property to the buyer and the buyer in return assumes the obligation to buy the property at particular a time and price permanently agreed. [...]
While the companies with foreign investment established in Turkey in accordance with the provisions of the Turkish Commercial Code and hence deemed to have Turkish nationality are not subject to any restrictions in the acquisition of real estates and limited real rights as a general rule, some exceptions to this rule are laid down with [...]
The Preliminary Investigation Stage is one of the most important innovations introduced by 6100 Civil Procedure Law. Preliminary Investigation Stage is held after the phase of 6100 Law petitions and/but before investigation phase. With this stage the important responsibilities are required from both judge and parties of the litigation of the case. First of all, [...]
It is contented with presuptive evidence at the rendering of the decision of provisional measure. The counter party is not listened during the decision of provisional measure. Therefore, it is possible that the party demanding the provisional measures may be proved right in the claim for damages at the end of the claim. In the [...]
Rules of documentary proof brought under the Code of Civil Procedure No. 1086 are also existent in the new Code No. 6100. However some amendments are made regarding the exceptions of said rules. The most important one of these amendments is concerning commencement of proof. In order to be applied as commencement of proof, the [...]
Third parties are not protected by the Court of Appeals related to the construction contract for land share when they trust in registration benefit of contractors. Because land owners’ interests are accepted that they need more protection than the other parties need. In conformity with this result, Constitutional Court made a decision related to a [...]