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Searching Content indexed under Litigation, Mediation & Arbitration by Moroglu Arseven ordered by Published Date Descending.
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Turkish Constitutional Court: Dismissal Of An Objection For Being Time-Barred Without Considering The Notification's Receipt Date Violates The Right Of Access To The Court
Turkish Constitutional Court decided that dismissal of an applicant's objection to the consumer arbitration committee's decision as being time-barred, without considering the receipt date of the notice, violates the right of access ...
Turkey
29 Jul 2019
2
Anayasa Mahkemesi: Tebligatın Teslim Alındığı Tarih Esas Alınmadan Süre Aşımı Kararı Verilmesi Mahkemeye Erişim Hakkını İhlal Eder
Anayasa Mahkemesi, başvurucu tarafından tüketici hakem heyeti kararına karşı yapılan itirazın tebligatın teslim alındığı tarih esas alınmadan süre yönünden reddedilmesinin, Anayasa'nın 36. maddesinde ...
Turkey
29 Jul 2019
5
Turkey Amends The Pricing Regulation For Human Medicinal Products
The Decision Regarding the Pricing Regulation for Human Medicinal Products in Turkey has been amended.
Turkey
28 Mar 2019
6
The Turkish Constitutional Court Decided That The Compulsory Pre-Mediation Process Set Forth In The Labour Court Law Is Not Unconstitutional
The Court also explained that the mediation process aims to settle disputes definitively and permanently in a shorter time and cost effective way.
Turkey
8 Feb 2019
7
Abuse Of Form Requirement During Property Transfers In Turkey
Freedom of contract stems from the freedom of will principle in civil law.
Turkey
3 Jan 2019
9
Turkish Constitutional Court Considers Title Deed Registry Notations And Their Consequences For Property Ownership
The Turkish Constitutional Court recently considered sale of a property to pay public debts, in circumstances where the property was allegedly owned by another party ("Applicant").
Turkey
5 Jul 2018
10
The Role And Benefits Of Injunctions In Turkish Intellectual Property Law
We are connected to the whole world with simply the click of a button. In moments a trade secret can become public knowledge, patents or designs can lose their novelty, or all work and effort invested...
Turkey
8 Mar 2018
11
Turkish Constitutional Court: Expropriation Does Not Violate Property Rights, Despite Stay of Execution Decision
The Turkish Constitutional Court recently ruled that the right to property had not been violated by completion of expropriation proceedings, initiated by the Energy Market Regulatory Authority ("Authority")...
Turkey
25 Jan 2018
12
Turkish Constitutional Court: Balance Must be Struck Between Public Benefit and Individual Interests When Determining Compensation for Expropriations
The Turkish Constitutional Court recently considered a claim that property rights had been violated by insufficient compensation being paid for the decreased value of an applicant's property.
Turkey
25 Jan 2018
13
Turkish Constitutional Court: Tax Authority's Approach to Calculating Time for Undeclared Buildings and Land Does Not Breach Constitution
The Turkish Constitutional Court recently ruled that a provision which allows tax authorities to claim unpaid tax and tax fines for undeclared buildings and land within five years of becoming aware...
Turkey
25 Jan 2018
14
Turkey Updates Fees For Foreign Notification And Rogatory Requests
Turkey's Ministry of Justice ("Ministry") recently published its annual update to the framework for international service and rogatory procedures. Accordingly, international service and rogatory fees will increase around 10% in 2018.
Turkey
25 Jan 2018
16
Turkish Constitutional Court: Pro-Rata Attorney Fee In Consumer Courts Is Constitutional
The Consumer Court claimed these circumstances violated Article 2 and Article 10 of the Constitution.
Turkey
23 Jan 2018
17
Turkey Clarifies Procedure For Consumer Arbitration Committee And Adjusts Monetary Limits
Turkey has clarified procedural steps for consumer disputes.
Turkey
11 Jan 2018
18
Turkish Constitutional Court: Suspending Statute Of Limitations During Tax Valuation Commission Deliberations Is Constitutional
The Turkish Constitutional Court recently held that suspending the statute of limitations while the Tax Valuation Commission deliberates is constitutional, provided certainty and proportionality...
Turkey
17 Nov 2017
19
Turkish Constitutional Court: Confiscating LPG's Replacement Value Breaches Constitutional Property Rights
The Turkish Constitutional Court recently considered the legal basis for confiscating LPG from a gas station. It held that since the act in question was not a crime, confiscation under the Turkish Penal Code is not possible.
Turkey
16 Nov 2017
20
Turkish Constitutional Court: Including Interest and Court Expenses in Fine for Bounced Cheques Violates Constitutional Rights to Certainty and Predictability
The Turkish Constitutional Court recently considered calculation of judicial fines for bounced cheques. It decided to remove interest and court expenses from the calculation on the basis that this violates the constitutional principle that no crime or punishment should occur without law (Article 38). An individual's right to certainty and predictability is contained within this constitutional right.
Turkey
2 Nov 2017
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