The most common resolution method in Turkey is determined for commercial cases in litigation. Basically, The Civil Procedural Code No. (CPC) is the main legislative tool for commercial case lawsuits filed within the framework of civil disputes. In addition, 4 basic codes prepared for use in more specific situations are as follows:
- Turkish Commercial Code.
- Code of Labor Courts.
- Enforcement and Bankruptcy Code.
- International Arbitration Code.
Which Codes Are Used for Which Cases?
Alternative methods such as arbitration or mediation are also used in the resolution process of commercial cases in Turkey. The main legislation tool used for international arbitration is International Arbitration Code No 4686 (IAC). This code is basically based on the UNCITRAL Model Law. Furthermore, CPC is used for domestic arbitration cases. The main legislation tool used in Mediation processes is Mediation in Civil Disputes Code No 6325.
Statute of Limitation in Commercial Cases
The statute of limitation determined for many of the commercial cases in Turkey in five years. There may be exceptions. Cases occurring within the framework of the following situations are five years:
- Lease payments
- Principal interest
- Commission agreements
- Brokerage agreements (not commercial brokerages)
- Disputes developed out of shareholders’ agreements (can be between managers or shareholders)
- Personal representatives
- Minor artwork and small-scale retail sales
- Accommodation fees in hotels
- Professional negligence
- Works contracts (non-performance situations can sometimes occur due to the contractor’s gross misconduct. These contracts are excluded from such cases.)
Judicial Structure for Commercial Cases in Turkey
As a foreigner in Turkey, you can trust Serka Law in all of the following areas related to commercial cases:
- Unfair Competition,
- Corporate Liquidations,
- Mergers and Acquisitions,
- Corporate Restructuring Processes for domestic and foreign corporations,
- Share Purchase Agreements,
- Joint-Stock Companys,
- Articles of Association,
- Limited Liability Companys,
- Corporate Governance,
- Shareholders Agreements,
- Incorporation of Companys,
- Joint-Venture Agreements,
- Board of Directors Memberships,
- Resolution of General Assemblies,
- Capital Structures.
What Does Our Professional Attorneys Do?
At Serka Law, you can work with lawyers from whom you can get support for the following commercial cases:
- Preparation of comprehensive commercial contracts that comply with the Turkish Commercial Code for commercial relations of individuals or companies.
- Ensuring correct and flawless management in legal terms in processes such as consolidation or transfer of companies and other institutions.
- Legal counseling of companies with foreign capital and established in Turkey
- Legal consultancy for companies with domestic capital and established in Turkey,
- Consultancy services for making internal and external decisions within the framework of basic code,
- Managing the liquidation process in accordance with the law after the company bankruptcy or other similar situations,
- Consultancy service within the framework of procedures and methods regarding corporate logistics operations,
- Management of cases filed in case of bankruptcy of companies,
- Control and management of bankruptcy postponement processes,
- Management of tender proceedings and consultancy in cancellation processes when necessary.
You can contact us to get service from professional attorneys and listen to benefit from our solutions developed for company-based or individual-based commercial cases.