Turkish Law Blog

Battle on the Big Screen: A Call for the Turkish Competition Authority to Launch an Investigation into the Dispute between MARS and Turkish Film Producers

1. Facts and Allegations Turkey welcomed the new year with a furious debate over the box office revenue allocation between film producers and CJ CGV MARS [hereinafter MARS], the most influential undertaking in the domestic Turkish film industry. Producers have complained that their share from the sale of tickets has not increased for five years, remaining at between 4.5-5 Turkish Lira per ticket sold. They have condemned MARS for bundling movie tickets with popcorn and bevera...

The Legality of Subsidies in the field of Energy with regard to International Trade and Investment Law Part 1: An Overview

Starting Point: Subsidizing versus Free Trade From Paris Agreement to One Planet Summit all considerations are on how to assess the sustainability. Hereby is the green energy and therefore the renewable energy investments are crucial for the developing countries. However, the problem is how to accomplish it. Considering the dependence of developing economies on foreign direct investment on one hand and the state support need of energy providers on the other, it is not that e...

How to Enforce Turkish Judgements in the Netherlands

Once a party has successfully obtained a positive judgement in Turkey, in most cases this party shall desire to enforce the judgement. But what if the properties of the losing party are not in Turkey but in the Netherlands? Can the Turkish judgement be used for enforcement in the Netherlands?Enforceable judgments:Which types of Turkish judgments are suitable for recognition and enforcement in the Netherlands?Article 431 of the Dutch Code of Civil Procedure (CCP) applies only ...

Composition with Creditors in order to Avoid Bankruptcy according to Italian Bankruptcy Law

1.  THE COMPOSITION WITH CREDITORSA. The composition with creditors "with right reserved" (or "in blank")Art. 161, paragraph 6 of the Italian Bankruptcy Act provides that the entrepreneur may file a petition for composition with creditors, reserving its right to submit the proposal for composition with creditors, the relevant plan and the additional documentation required, within the terms set by the Court between 60 and 120 days, which may be extended by...

Silver Bullet of Mediation? Turkey Implements Mandatory Pre-Litigation Mediation in Commercial Disputes

On December 6, 2018, Turkey's parliament passed legislation requiring mandatory mediation for commercial disputes as a prerequisite before commencing trial (the ‘Act’).[1] The Act establishes two criteria for assessing whether a particular dispute falls within the scope of the mandatory mediation requirement. First, the dispute must involve pecuniary compensation or debts arising out of obligations. Second, the dispute must either fall within the scope of Article...

Overhauled Concordat Regime Opens a New Chapter for Turkish Bankruptcy Law

Bankruptcy postponement under the Turkish Bankruptcy Law was heavily criticised on the basis that it was open to manipulation. Critics also claimed the protections offered in this scope went beyond the legislators’ intentions due to systematic errors which had emerged in the process.Bankruptcy postponement was introduced to give debtors a final chance before being forced into bankruptcy, allowing them to put their business back on track without the pressure of collection pr...

Updated Risk & Regulation, ICO Scrutiny in the U.S.

Unlike in the European Union, in the United States, there remains much ambiguity surrounding the regulatory framework concerning cryptocurrency exchange platforms. However, a review of the recent developments in this area seems to reveal a regulatory trend that will take hold in the U.S. in this area in the years ahead.Briefly, in the U.S., several federal agencies assert authority over cryptocurrency exchange platforms. Some of the more involved agencies are namely the Secur...

Implications of Article 647(1) of Polish Civil Code: Guideline for Construction Companies Planning to Enter to Polish Construction Market

This article aims at providing some guidelines to the foreign construction companies that plan to enter into Polish construction market about the famous Article 647(1) of the Polish Civil Code which regards to “joint liability” of investor for payment of remuneration due to the subcontractor for construction works performed by him. Rather than discussing the Article 647(1) from legal point of view, this article will focus on its implications within the organization of con...

Environmental Policies of European Union and Environmental Liability with regard to Polluter Pays Principle

1. INTRODUCTIONNature’s fight with humanity keeps continuing since the invention of fire. As late as, the environmental damages increased with developments in industry and technology, and serious consequences without recourse show up. Polluted air, chemical spills, and harmful use of land are a few examples of how industry can have a negative impact on our natural environment.When the environment as an issue came to the fore of public debate in the late of 1960s and early 1...

The Evaluation of the Right to be Forgotten

IntroductionThe Internet has given users unprecented resources as an emerging technology with almost no boundaries and limitless possibilities. Thanks to the Internet, it has become possible to obtain information about a person or an incident or, to communicate with billions of people located thousands of kilometres away in seconds. Content on the Internet can be seen, copied, recorded or shared by many people. Because of the Internet’s working principles and features, it c...

Economic Sanctions against Iran and Extraterritoriality of United States Laws & Regulations

     The United States has used sanctions programs for decades to exert influence over state and non-state actors that threaten their interests, the national security or violate international norms.  Since 1984 when the United States enacted sanctions against Cuba they have continued to expand and enforce their sanctions programs. In 2017, the United States had comprehensive sanctions regimes on Cuba, Iran, Sudan, and Syria, along with more than a dozen other programs tar...

Liability of Trust in Group of Companies as per Turkish Commercial Code No. 6102

AbstractWith new Turkish Commercial Code (“TCC”) No. 6102[1], a new regulation came into force in Turkish jurisprudence called ‘liability of trust’ in group of companies with Article 209 which is stating the following:“In cases where the controlling company attains a level where its group reputation inspires confidence among the community or consumers, it shall be liable for any consequences of such.”[2]As the concerned law’s preamble confirms, Turkish Republic ...

The Turkish Court of Cassation's Infamous Decisions on Public Policy in Enforcement of Foreign Arbitral Awards

I.       IntroductionIn international commercial arbitration, parties to an arbitration proceeding are generally from different countries. Therefore, it is crucial for those parties that the arbitral award issued by the arbitral tribunal is enforceable and effective in different jurisdictions. For example, a prevailing party might want to benefit from the arbitral award by initiating debt collection proceedings in different countries where the losing party might have at...

Mediation Procedure as a Case Condition in the Adjudication of Turkish Labour Law

Mediation ProcedureThe application for mediation shall be made to the mediation office in the region where the defendant or one of the defendants reside, or to the mediation office in the region where the work has been conducted. If there is no mediation office established at such place, then it shall be made to an assigned chief clerk office.The mediator is determined by the office from the list provided to the presidency of committee. However, if the parties agree on anothe...

The Great Dilemma of the Companies: Share Buy-Back Decisions

While share buy-backs were used by other countries as a pay-out method for years, they were prohibited in Turkey until the end of 2009. Pursuant to Article 329 of the abrogated Turkish Commercial Code (the ‘TCC’) numbered 67621, it was unlawful for the joint stock companies to buy-back their own shares in exchange for any consideration in order to protect the capital and creditors’ interests, and also to prevent unequal treatment of shareholders. The share buy-back tran...

Amendments to Turkey’s Execution and Bankruptcy Law

Turkey’s new bankruptcy law, amid other legislative reform, aims to improve the country’s investment potential. Orçun Çetinkaya examines how the new law provides greater opportunity for debtors to recover their financial status.Amendments to the Execution and Bankruptcy Law and Other Certain Laws (also referred to as Enforcement and Bankruptcy Law) entered into force on 15 March 2018.Other amendments were also made to the Turkish Commercial Code, Civil Procedure Law, No...

The Shift Towards a “Risk-Based Approach” with GDPR: Critical Assessment of its Advantages and Disadvantages

Introduction As Gellert notes that ‘data protection is first and foremost a legal framework for the regulation of the risks stemming from the deployment of Information and Communication Technologies into society (and more in particular, the data processing operations they allow for)’[1], risk-based approach is not a new concept in EU data protection framework but it is now much more visible with General Data Protection Regulation (GDPR)[2].[3] In particular, articles 24 a...

Harmonising the Patentable Subject Matter in Computerimplemented Inventions: Why do the UK and the EU Approaches Superior to the US?

INTRODUCTIONFor decades, as a consequence of increasing number of patent applications in the area of computerimplemented inventions, IP practitioners, courts, patent offices across the world have been confused with the challenge of assessing “patentable subject matter”. Varying interpretations and diverging case law for computer-implemented inventions have led to different applications of claims in each jurisdiction.In the late 1990s, the United States of America (USA) ex...

The Prospects for Successful Regulation in the Public Interest for Artificial Intelligence

1.     REGULATION 1.1. Regulation and its Reasons to Exist Although the term ‘regulation’ has been defined in a number of ways, it is generally defined as a set of rules made by state intervention, thus in the sense of governmental activity.[1] The term ‘regulation’ can be used in the following senses as well: as deliberate state influence[2], as all forms of social and economic influence[3] or as a specific set of commands.[4]The existence of different meani...

New Rising Star: Implementation of the Mediation System under Turkish Legal System and its Development

Abstract: In our times, Alternative Dispute Resolution (hereinafter “ADR”) is getting more and more crucial. In particular in the countries where their standard legal system, most likely litigation, is dealing with an enormous burden of conflicts. This devastating burden time-to-time might generate a substantial weight to overcome by the courts and the jurists of that country; however, mostly that affects the efficiency of the judicial system and the trust of the privat...

Data Protection Authority Announced the Starting Dates to Register with the Data Controllers Registry

The Data Protection Authority announced the starting dates for the obligation to register with the Data Controllers Registry ("VERBIS"). You may find below explanations regarding the framework of the data controllers’ obligation for registration to the VERBIS.ObligationBased on the Turkish Data Protection Law no. 6698, natural or legal persons (i.e. companies) who process personal data shall register with VERBIS prior to commencing processing such personal...

Increasing Benefits by Performing Your Corporate Housekeeping Duties

Performing the annual corporate housekeeping of your company will bring various benefits for the company, its bodies and authorized individuals. Though it may be missed out easily by the companies, actually it is easier to duly handle the procedures by considering your effectiveness and the benefits at the end of the day. We can simply count the main trivets of the corporate housekeeping, as doing ordinary general assembly meetings, keeping updated your representation docume...

The Implementation of the Regulation regarding the Using of Competitors’ Information on the Comparative Advertisements Has Been Postponed

The last regulation which regulates the advertisement practices in Turkey based on the Law on the Protection of the Consumer titled “Commercial Advertisements and Unfair Commercial Practices” (“Regulation”) was published in the Official Gazette in 10 January 2015. Many provisions of this new Regulation came into force as of the publish date, but somehow a significant one did not.Article 8 of the Regulation allows for comparative advertisements provided that the specif...

Economics v Human Rights: Intermediary Liability for Free Speech, Copyright and Privacy

Nowadays, access to the information as fast as possible is crucial for the individuals of the Internet era.1 As per the most recent report of UK Government, in the UK, 89% of the adults had recently connected to the Internet in the first quarter of 2017.2 From a wider angle, as per the report of the International Telecommunication Union, in 2017, 48% of the world population used the internet with 81% of developed countries to use it whereas this percentage was only 41% of dev...

The Role of Intellectual Property Law in The Fashion Industry: An Analysis of the Legal Framework in Various Jurisdictions

Fashion Industry and the Role of Intellectual Property The economic significance of the fashion industry all around the world is undeniable. In 2017, the United States’ apparel and footwear market was valued at 341.626 billion US dollars[1] whereas the same market was valued at 324.572 billion US dollars[2] for Western Europe. From a commercial perspective, it is crystal clear that the industry is massive, but these numbers also indicate the social importance that societ...

AI Personhood: A Futuristic Approach

AI is becoming highly autonomous by day and acquiring more and more cognitive abilities. It cannot be denied: AI has already become a part of society. Since ethics and legal rules are the underlying ingredients of a functioning society; where does AI fit in to all of this? This is a dilemma that is being tackled by many; from philosophers to lawyers, from tech experts to visionary leaders.One thing that is clear is that the current set of rules are inadequate and they need to...

Step into a Big World through a Small Island Malta

Malta, as one of the smallest countries in Europe, is an open door to a big world. It is possible to summarize the leading advantages of Malta within the following topics: Opportunities for Turkish Local Technologies to Open up into Foreign Markets Malta is a renowned country within the community of tech professionals and enthusiasts. Three government bills on DLT/Blockchain has been approved by the Maltese Parliament a while ago. Therefore, Malta became the first country i...

“Mediation” in Turkish Labour Law Judgments as a Litigation Condition

The Labour Courts Law No. 7036, which was adopted on 12.10.2017 in the Turkish Grand National Assembly, entered into force in the Official Gazette numbered 30221 and dated 25.10.2017, thus abolishing the old Labor Courts Law numbered 5521 and bringing its application to an end.The Labor Courts Law which entered into force; in addition to the issues related to Establishment, Organisation and Working Conditions, it has also brought a number of new innovations as regards applica...

Establishing a Liaison Office in Turkey and its Commercial Advantages

IntroductionTurkish laws allow foreign companies to open liaison offices to do required research in their industry. These offices cannot carry out commercial activities. Here, the aim is to enable foreign companies to discover the potential in the domestic market, do research on investment opportunities and create new opportunities for themselves by conducting business activities in one of five different fields. Thus, it is possible to attract more foreign investment into Tur...

Legal Liability of Passenger seated in Emergency Exit Seat

I. IN GENERAL1. Emergency Exit Seats and Why Passengers Prefer ThemIn line with the progress made in the transportation sector and in technology, comfort in commercial aircraft nowadays has improved and aircraft seats, the first examples of which were made of wicker, have evolved considerably. Notwithstanding the improved facilities, some people prefer seats next to emergency exit doors, in order to enjoy a wider legroom. This is because the legroom of seats located next to e...

A Review of American Institute for International Steel Inc. v. U.S.: What are the Implications of President Donald Trump ’s Decision to Double Tariffs on Turkish Steel Imports?

Turkey is a major exporter of steel to the United States. In fact, Turkey ranked 6th as a source of steel imports for U.S. domestic consumption in 2017.[1]Yet, on August 10, 2018, President Trump doubled the tariff on steel imported from Turkey from 25 percent to 50 percent as part of a broader policy of strengthening the domestic steel industry by reducing steel imports.[2] Interestingly enough, imports from Turkey were penalized more than those from other countries that ha...