Searching Content indexed under Trials & Appeals & Compensation by Orçun Çetinkaya, LL.M. ordered by Published Date Descending.
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Abuse Of Form Requirement During Property Transfers In Turkey
Freedom of contract stems from the freedom of will principle in civil law.
3 Jan 2019
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")...
25 Jan 2018
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.
25 Jan 2018
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.
16 Nov 2017
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.
2 Nov 2017
Turkish Constitutional Court: Constitutional Right To Legal Remedies And Access To The Courts Means Expropriation Compensation Lawsuit Should Be Heard
Turkey's Constitutional Court recently considered a claim arising from a dismissed lawsuit, seeking compensation for expropriated land.
17 Oct 2017
Turkish Constitutional Court: Holding A Company's Legal Representative Liable For Unpaid Public Debts Does Not Violate Property Rights
The Applicant argued that he is not liable because the debt became a public receivable in August 2001, after he was a board member.
17 Oct 2017
Turkey Adjusts Criminal And Civil Appeal Periods To Fifteen Days
Turkey has adjusted criminal and civil appeal periods to 15 days from the date a decision is notified to the parties, applying to decisions issued from 5 August 2017 onward
11 Oct 2017
Turkey's Supreme Court Clarifies Procedural Steps For Initiating Enforcement Proceedings
There are two main types of enforcement actions available in Turkey, intended respectively for circumstances where a judgment exists ("Judgment-Based") and where a judgment does not exist ("Non Judgment-Based").
21 Aug 2017
Turkish Constitutional Court: Shareholder's Property Rights Not Breached During Company Seizure, Provided Proceeds Used To Offset Debts To Saving Deposit Insurance Fund
Turkey's Constitutional Court recently considered a shareholder's failure to receive any revenue from sale of a company he held shares in.
6 Jul 2017
Turkish Constitutional Court Awards Compensation To Land Owners For Expropriated Land After Legal Basis Cancelled
Turkey's Constitutional Court recently ruled that land owners' property rights had been violated by expropriation of land for a dam and hydroelectric power plant project.
15 Jun 2017
Turkish Constitutional Court: Municipality Re-Zoning And Failing To Return Property Gifted For Specific Purposes Breaches Constitutional Property Rights
Turkey's Constitutional Court recently considered circumstances where an applicant had gifted land to the local municipality for road construction, without receiving compensation.
1 Jun 2017
Turkish Constitutional Court: Right to Fair Trial Violated by Failure to Consider Request to Use Oath Evidence
Turkey's Constitutional Court recently considered whether a first instance court had breached the principle of equality of arms by failing to consider a party's request to use an oath as evidence.
16 May 2017
Turkey's Constitutional Court: Property Owner's Constitutional Rights Violated By Street Closure Causing Decrease In Rental Rate
Turkey's Constitutional Court recently ruled that a property owner's constitutional rights were violated by a failure to ensure a balance between public interests and the individual's property ownership rights.
18 Apr 2017
Turkish Court Upholds Decision That Parties Cannot Amend Pleadings After A First-Degree Court's Decision Is Reversed
The 1948 Precedent was rendered under the (now abrogated) Civil Procedure Code numbered 1086, which prohibited pleading amendments after a reversal decision.
13 Apr 2017
Turkey Announces 2017 Fees Notification And Rogatory Requests Outside Turkey
Turkey's Ministry of Justice announced increased 2017 fees for notification and rogatory requests outside of Turkey, as well as fees for serving notifications via the relevant country's legal authorities.
31 Jan 2017
Turkish Courts Change Their Approach To The Delicate Balance Of Protecting Matrimonial Homes
In 2002, the Civil Code introduced a limitation on actions regarding the matrimonial home, in order to protect the family life and the non-owner spouse.
25 Jan 2017
Turkish Constitutional Court: Contradictory Statements By Lower Court About Final Date of Employment Violate Right to Fair Trial
Turkey's Constitutional Court recently considered a claim that unclear statements in a lower court's decision about a party's final date of employment had breached his constitutional right to a fair trial.
22 Dec 2016
Turkey Introduces Legislative Regime For Court Experts
Turkey has introduced a legislative regime for experts involved in judicial processes, including procedures and principles for experts' qualifications, training, selection and supervision.
20 Dec 2016
Turkish Constitutional Court Considers Lessors' Ability To Terminate Fixed Term Leases
Turkish legislation protects lessees by imposing comparatively higher thresholds on lessors to terminate fixed term leases.
8 Dec 2016
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