TEREKE TESPİT DAVASI VE TESPİT EDİLEN TEREKENİN PAYLAŞTIRILMASI     Murisin terekesinin büyüklüğü, murisle mirasçı arasında yakınlığın bulunmaması veya murisin borçlarının ve alacaklarının tam olarak saptanamaması gibi durumlarda murisin terekesinin tespiti ve bu nedenle mirasçılara intikal edecek olan mal varlığının tespiti doğrudan mümkün olmayabilmektedir. Bu nedenle, bu gibi durumlarda mirasçılara intikal edecek terekenin tam ve doğru olarak saptanabilmesi için tereke tespit davası açmak gerekmektedir. Bunun yanında tespit...

Do you need to deposit a guarantee/security to file a lawsuit in Turkey?   When non-Turkish citizens or non-residents file a lawsuit  or initiate enforcement proceedings in Turkey against a Turkish citizen or resident, and lose the case in the end, the counterparty is exposed to the risk that it may not be able to collect the losses and legal fees it has incurred because of the legal action taken against it. In order to avoid this situation, under Turkish Law, a security mechanism is foreseen for non-Turkish citizens or non-residents...

LITIGATION IN TURKEY      Introduction     Turkey is one of the increasingly important countries in a globalized world thanks to its unique location and growing economy, attracting investors or tourists from all over the world. As a consequence, legal disputes involving Turkey or Turkish parties sometimes become inevitable, leading to lawsuits that may have to be filed with Turkish courts. Basically, there are no significant differences in litigation for Turkish citizens and foreigners, with the...

ELECTRONIC BIDDING IN TURKISH TENDERS: EKAP SYSTEM Contracts made with real or legal persons by the administration by applying the public procurement procedure in order to meet the needs for goods, services or other kinds of actions are called “public procurement contracts”. As per Turkish Law, as a general principle, the administrative authorities are not free to conclude public procurement contracts with the parties they wish, instead they are obliged to hold a “public tender” that meets the standards set out by Law Nr. 4734, Law Nr....

INTERNATIONAL ARBITRATION AND TURKEY The use and popularity of international commercial arbitration in Turkey has been increasing since the 2000s due to the increase in the globalization of trade and cross-border disputes involving Turkish businesses. This development has been accompanied by significant changes in Turkish legislation that reflect pro-arbitration policies endorsed by Turkey. Today, many complex and cross-border disputes relating to key industries such as energy, telecommunications, IT, infrastructure, intellectual...