Choice of Law (Lex Voluntatis) and Validity Requirements in the Turkish Private International Law Code
Introduction The most fundamental question in private law relations of an international nature is: Which country's law will apply to the dispute? Law No. 5718 on International Private Law and Procedure... Read More
The Concept of Requirements for Filing a Lawsuit and the Procedural Consequences of Their Absence
Introduction For a court to examine a case on its merits, certain preconditions must be met. These preconditions are called "procedural requirements." Procedural requirements relate to the procedural aspects of the case... Read More
Jurisdiction Agreement and the Principle of Exclusive Jurisdiction
Introduction In civil procedural law, a jurisdiction agreement means that the parties determine in advance in which court a dispute between them will be heard. This institution is particularly relevant in contractual relationships... Read More
The Concept of Authority: The Distinction Between General, Specific, and Definitive Authority
Introduction In Turkish Civil Procedure Law, the concept of jurisdiction is a fundamental element that determines in which court a case will be filed. Jurisdiction refers to the type of court; competence refers to the geographical location of the court... Read More
Jurisdictional Relationships Between Courts
Introduction In the Turkish judicial system, the concept of "jurisdiction" is one of the most fundamental elements determining which type of court a case will be heard in. Jurisdiction is essential for both the healthy functioning of the judicial system... Read More
The Principle of Ex Officio Investigation in Non-Contentious Proceedings
Introduction The principle of ex officio investigation in civil procedural law is one of the fundamental pillars of justice, especially in the field of non-contentious litigation. This principle allows the judge to investigate the dispute without being bound by the statements of the parties... Read More
Authorization and Permit Regime for Foreign Companies Operating in Türkiye
1. Introduction In the globalized world economy, the transfer of capital and trade relations across borders has made it inevitable for foreign companies to operate in different countries. Türkiye,... Read More
Public Order Intervention and its Limits in Turkish Law
Introduction The concept of public order (ordre public) is a tool used in the legal systems of states to protect their sovereignty and fundamental values. Especially in international law... Read More
Acquisition of Real Estate by Foreign Investors Through Citizenship: Linking Property Rights to Citizenship
Acquisition of Real Estate by Foreign Investors Through Citizenship: Linking Property Rights to Citizenship Introduction In recent years, with the acceleration of globalization, countries, in order to increase their economic attractiveness... Read More
Exorbitant Penalties and Discount Criteria
1. Definition, Legal Basis, and Purpose of Penalty Clauses A penalty clause is a pre-agreed condition stipulated in case the debtor fails to perform their obligation at all or properly... Read More