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    Lawyers Beril Yayla Sapan

    Beril Yayla Sapan

    Gün + Partners
    [email protected]

    Beril Yayla Sapan joined Gün + Partners in 2008 and became a partner in 2021. Her practice focuses on employment, dispute management, business crime and anti-corruption and administrative, tax and regulatory areas.

    Beril advises on employment contracts and policies, confidentiality and restrictive covenants, collective bargaining agreements, employee related data protection, business immigration, terminations, collective redundancies, and settlement. She also represents clients in litigation relating to termination, employment-related debts, mobbing and discrimination claims.

    Beril handles high-profile commercial conflicts including those arising from unfair competition, distribution relationships and corporate structure along with complex debt collection proceedings. She successfully represents clients before the commercial and administrative courts.

    She is also experienced in areas where commercial and criminal laws overlap and advises several multinational companies on white collar crime, compliance, and legal audits.


    Practice Areas & Work Department

    Employment

    Dispute Management

    Business Crimes and Anti-Corruption

    Administrative, Tax and Regulatory


    Languages

    English

    Turkish


    Memberships

    Ethics & Reputation Society (TEID), Board Member

    International Bar Association (IBA)

    Council of State's Unification of Decisions on Appeals Filed by Intervening Parties

    The Council of State of Turkey has recently ruled that intervening parties can appeal decisions individually, even if the principal party does not file an appeal. This is on condition that the intervening party's appeal is not against, or is not contradicting, the principal party's explanations or intent. The decision is binding for the courts and will allow intervening parties to have a greater say in the outcome of cases.
    Beril Yayla Sapan

    Enforcement of Foreign Judgments 2024 in Turkey - Part 2

    Turkey is not a signatory to the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters. However, Turkey has bilateral treaties with many countries for the reciprocal recognition and enforcement of foreign judgments. The basic requirements for recognition of a foreign judgment in Turkey are that the foreign court must have respected the right of defense of the party against which enforcement is sought, the judgment must be final under the laws of the foreign country, and the judgment must not violate Turkish public policy.
    Beril Yayla Sapan

    Enforcement of Foreign Judgments 2024 in Turkey - Part 1

    Turkey is not a signatory to the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters. However, Turkey has bilateral treaties with many countries for the reciprocal recognition and enforcement of foreign judgments. The basic requirements for recognition of a foreign judgment in Turkey are that the foreign court must have respected the right of defense of the party against which enforcement is sought, the judgment must be final under the laws of the foreign country, and the judgment must not violate Turkish public policy.
    Beril Yayla Sapan

    Tefhimden İtibaren Kanun Yoluna Başvuru Hakkında Anayasa Mahkemesi’nin Güncel Kararı

    Gerekçeli kararın taraflara tebliğinden itibaren istinaf ve temyiz başvuru sürelerinin başladığı kanunlarla düzenlenmiştir. Ancak uygulamada, taraflara gerekçeli kararın tebliğ edilmediği durumlarda süre tutum dilekçesi sunulması gerekmektedir. Anayasa Mahkemesi, bu uygulamanın mahkemeye erişim hakkını engellediğini belirterek, sürenin gerekçeli kararın tebliğiyle başlaması gerektiğine karar vermiştir. Ancak bu kararın uygulamada değişmeyebileceği düşünülmektedir.
    Beril Yayla Sapan

    Litigation and Enforcement 2023 in Turkey - 2

    A party must disclose all evidence that it intends to rely on. A party is not required to disclose all relevant documents in its possession but must only provide documents that it deems appropriate. Parties must act in good faith and state the truth (Article 29, CPC).
    Beril Yayla Sapan

    Litigation and Enforcement 2023 in Turkey - 1

    The main and most commonly used method for resolving large commercial disputes in Turkey is litigation. Civil litigation is based on the principle that the parties to the dispute prepare their case. The judge is bound to hear claims, defences and evidence brought by the parties.
    Beril Yayla Sapan

    Arbitration Procedures and Practice 2023 in Turkey - 2

    Both the International Arbitration Code and Civil Procedural Code contain default procedural rules. However, the majority of these rules are not mandatory, and the parties are free to determine procedural rules in their arbitration agreement or after the arbitration begins. In practice, the parties often agree to apply institutional arbitration rules with their sets of default procedural rules.
    Beril Yayla Sapan

    Arbitration Procedures and Practice 2023 in Turkey - 1

    In Turkey, arbitration traditionally evolved as a dispute resolution mechanism, which was used more frequently in large commercial disputes where a foreign party is involved and mostly when a legal counsel is involved in the preparation of the principal contract between the parties. For all other matters, particularly concerning disputes of smaller value, Turkish parties tended to grant jurisdiction to the Turkish courts.
    Beril Yayla Sapan

    Court Provides Guidance on How to Conclude Actions For Undue Receivables

    The Grand General Assembly on the Unification of Judgments of the Court of Cassation in Turkey recently ruled that actions initiated for undue receivables should be dismissed on procedural grounds, as the plaintiffs lack legal interest as a cause of action. This unification decision resolves a controversy in Turkish law, where courts had been divided on whether to examine such cases on their merits or dismiss them on procedural grounds. The decision also clarifies the applicable attorney fees, eliminating unfair practices resulting from the previous inconsistency in judgments.
    Beril Yayla Sapan