The Problem of Determining the Starting Date of Interest in Enforcement Proceedings Based on a Court Order
The Problem of Determining the Start Date for Interest Accrual in Enforcement Proceedings Based on a Court Order: Determining the start date for interest accrual in enforcement proceedings based on a court order is a much more critical issue in practice than is commonly believed. Because in most cases... Read More
The Condition of Enforceability in Enforcement Proceedings Based on a Court Judgment and Doubts in Practice
The Condition of Enforceability in Enforcement Based on a Court Judgment and Doubts in Practice: Enforcement based on a court judgment involves a creditor possessing a court judgment or a document that the law assigns the same legal effect as a judgment... Read More
Negotiable Instruments: The Debt Collection Process for Checks, Promissory Notes, and Bills of Exchange
Introduction For commercial transactions to be conducted quickly and reliably, payment methods must be reliable. In commercial transactions, parties often prefer to pay with cash instead of... Read More
What is an Eviction Undertaking (Turkish Code of Obligations Article 352/1)?
Eviction Undertaking: The "Fastest" Eviction Ground in Rental Law? An eviction undertaking is a document in which the tenant undertakes in writing to vacate the rented property on a specific date. (Residential...). Read More
Can a lien be placed on a foreign-flagged vessel in Türkiye?
In maritime trade, ships, a "high-value and mobile" asset, are at the heart of credit and financing relationships. Therefore, the creditor needs collateral to secure their debt... Read More
Rights of the Creditor in a Ship Mortgage Case
In maritime liens, the rights of the creditor encompass not only the securing of the debt in maritime trade, but also the legal mechanisms that ensure this security is actually converted into collection. Because the ship,... Read More
Scope of Ship Mortgage
In maritime trade, financing relationships are often based on a "high value-high risk" balance. From the lender's perspective, the ship is not just an asset in itself; its operational capability,... Read More
Foreclosure of Ship Liens: Enforcement Procedures, Competent Enforcement Office/Court
The liquidation of a ship's lien is the most critical stage in determining the creditor's ability to collect in the field of maritime trade and ship finance. In practice, most disputes arise from the fact that "there is a lien...". Read More
Objection on the grounds of violation of public order
Introduction In private international law, public order (ordre public) is a safety valve of last resort. The application of foreign law or the recognition/enforcement of a foreign court decision,... Read More
The Differences Between Recognition and Enforcement, and Their Practical Consequences
Introduction When discussing the legal effect of foreign court decisions in Türkiye, the most frequently encountered pair of concepts in practice is recognition and enforcement. These two institutions, in most cases... Read More