Litigation and Mediation Procedures In Turkey

There are multiple possibilities in this kind of case. First of all, the applicable law differs according to whether the parties are Turkish Citizens or not.  According to these issues, it is necessary to evaluate the situations separately.

A spouse with foreign citizenship and a Turkish spouse can get divorced in Turkey. At the same time, it is regulated by Turkish Law that spouses with different citizenship in Turkey can also divorce in Turkey under certain conditions.

If both spouses are foreigners, the condition of residence in Turkey is required for spouses who want to file a divorce case in Turkey. However, if both spouses are citizens of different countries, for example, spouses who have come to summer house in Turkey for 1 month or spouses who have real estates in Turkey, it is also possible to divorce in Turkey according to Turkish Law. In this case, the court where the spouses stay in Turkey or where the real estate is located will be the competent court.

In these cases, the law to be applied in the divorce of spouses is common law if the spouses are citizens of the same country. However, if they are citizens of a separate country, Turkish law applies and divorce proceedings are filed in family courts.

Divorce proceedings, in case of an agreed divorce must include a protocol arranged between the parties and takes place in as little as 3-4 weeks.  However, adversarial divorce cases take longer. 

If the spouses are divorced in a foreign country, this state of divorce does not apply directly in Turkey. In this situation, a recognition or enforcement case should be filed in Turkey. You can read our article titled ’recognition and enforcement cases' on this subject and for more information you can reach us.

The process for a foreign court decision/arbitral award to have a judgment and result in Turkey is called recognition and enforcement. In some cases, it is sufficient for foreigners to introduce the court decisions they have taken, while in some cases they have to be enforced.

Anyone who wants to recognize and enforce the finalized foreign court decision in Turkey can introduce and enforce the decision with the necessary documents as signed original of the decision, finalization annotation, apostille annotation, certified document translated by a sworn translator, etc.

In cases where the execution of the decision is not necessary, such as the divorce decision, the issuance of a certificate of inheritance, the recognition of the provision is sufficient; The decision must be enforced in matters such as alimony demand, compensation claim, follow-up of the receivable (execution).

As Kula Law Firm, we have a portfolio of clients from many parts of the world such as Canada, USA, Netherlands, Ukraine, India, Syria, etc., we manage the process efficiently, the recognition and enforcement process of our clients with our expert legal team. Since enforcement is partially possible, we provide legal services with our lawyers who are experts on how to best benefit our clients. We determine and carry out the benefit of our client in matters such as divorce, marriage, alimony, compensation, etc., which are frequently encountered in recognition and enforcement, by talking to our client.

Alimony-Right to Compensation

We prevent our clients from losing their rights (by ensuring that they receive alimony and compensation) by executing the alimony and compensation warrants received from a foreign country in Turkey.

Divorce-Inheritance in Turkey

People who want to introduce the decision of divorce in Turkey, do not need to go to court. In the presence of certain conditions, the parties can perform this recognition process by going directly to the Population Directorate or by going to the consulate in the country where they are located. As Kula Law Firm, we provide legal and practical information to our clients in this process and provide convenience to them.

When the spouse dies before the divorce decision taken in foreign courts is recognized in Turkey; Since the spouses still appear to be married in the registry in Turkey, the inheritance will be divided accordingly. The parents or children of the legator, who are considered to be relevant, can file a lawsuit for the recognition of this divorce decision.

The concept of "tort act", which is somehow connected with almost all branches of law, is naturally in our lives. Tort act, which we frequently encounter in our daily lives, will be overcome with much less damage with professional legal support. If you have suffered a loss, as Kula Law Firm, we can provide you with support as soon as possible without any loss of rights and by compensating your losses.

Examples of frequently encountered wrongful acts; work accidents, doctor's errors, traffic accidents, defraudation, injury, unfairy competetion, be subject to theft... etc. can be shown.

Victims, injured, defrauded, may claim material and moral compensation for their violated rights. So If the tortious act has caused a decrease in your assets, caused a violation of your personal rights, you can spend your material and moral compensation process in the best way with our expert legal team.

As Kula Law Firm, we can file a lawsuit based on tort or in addition to the lawsuit you have filed before, we can conduct your claim for pecuniary and non-pecuniary damages separately and professionally in Turkey. We provide professional legal support by conducting all kinds of research and collecting the necessary evidence. With our expert team, you can make this process better by compensating for your losses in the best possible way.

Medical Malpratice In Turkey

Malpractice is the situation in which doctors cause injury or damage by their misbehavior or negligent behavior.

As it is known, Turkey is one of the most advanced countries in health tourism. We provide support to our clients in the process of volitional material and moral compensation for malpractice arising from procedures such as hair transplantation, plastic surgery and dental aesthetics, which are frequently performed in Turkey.

Traffic Accidents In Turkey

The most common tort acts in Turkey are traffic accidents and damage to property. In addition to the right to sue the person who caused the accident, a person injured as a result of a traffic accident also has the right to claim compensation after an accident or injury. You may be wondering Who pays the compensation for a injury? The person who has suffered material damage or is injured can claim compensation from the person who caused the accident or from the insurance company. In this process, we provide extensive information and legal support to our clients who consult us about “Can you claim compensation for injuries?” What should I do if I get in an accident in Turkey?” What can I claim compensation for?

According to the compulsory motor insurance liability insurance passengers other than the driver who caused the accident can also sue the insurance company. The driver of the vehicle can file this lawsuit against the insurance company, provided that he has automobile insurance. In case of death of passengers and drivers, heirs also have the right to file this lawsuit regarding compensation. The amount and scope of pecuniary and non-pecuniary damages are determined by the courts through experts. In the event that the traffic accident results in death, the heirs have the right to claim compensation for assistance and funeral expenses.As Kula law firm, we provide support to our clients so that they do not lose their rights as a result of the tortious act they have suffered during this process, and we carry out the litigation process in a professional manner.

Fraud In Turkey

You can report scammers who offer you resettlement assistance, financial or other assistance, issuing false documents, or assisting with false claims in exchange for money or other benefits. In this regard, you can request help from our lawyers who are experts in both recovering the money you lost and filing a criminal complaint.

Hotel Accidents In Turkey

Responsibility belongs to the hotel management in cases such as falling down or food poisoning of customers who come to Turkey for holiday and stay at the hotel. Injured customers can sue the hotel for damages.

As Kula Law Firm, regarding obtaining work permit and work visa when starting work in Turkey; If you encounter any problems, we provide you with legal advice during the quitting process. We help our clients to protect their rights when they are exposed to mobbing in the workplace and when they have any problems with the employer and when they are fired.

With our expert staff in USA, Canada, England, Sweden, Ukraine, India, Iraq, Syria, etc. We provide legal consultancy services to our foreign clients from many countries. Turkish Labour Law has been made in favor of the worker. Since the evidence greatly affects the course of the case during the labour lawsuits, we guide you on what evidence you need to collect in terms of the course of the case. When you encounter a legal problem, our lawyers offer the most appropriate and practical solution for you and follow the process for you. We work closely with you at every stage of your process.

The Turkish Labour Law was made in favor of the worker and the Supreme Court supports this with its jurisprudence. In addition to these, because we know Turkey’s Labour Law that protects workers; we provide support in matters such as witness statements, investigations and follow-up of cases, and the prevention of disputes.  When you encounter a legal problem, our lawyers offer the most appropriate and practical solution for you and follow the process for you. We work closely with you at every stage of your process.

Work Permit Process to Become a Worker in Turkey

We complete this process by informing foreigners who want to work in Turkey with our expert lawyers whether they are exempted or not, what is required in this work permit process, and by collecting the necessary documents, and obtaining a work permit comfortably as a proxy.

Dismissal Process

In Turkey’s Labour Law workers have vested rights.  You can terminate your rights of severance pay, notice pay, overtime pay, annual leave receivables, bad faith compensation, minimum living allowance, weekly holiday wages, with the expert labour lawyers in our office, without deprivation of the rights you have earned.

In disputes arising from labour law, first of all, our law envisages mandatory mediation. With our expert lawyers, we first provide services by collecting the mandatory mediation process and the litigation process, necessary evidence and records, examining the expert reports in the litigation process with our experts and following the process closely.

Does your company have to deal with a Turkish debtor who has not paid your invoices? You may wonder “How To Collect Receivables In Turkey?” We will be happy to asist you with our debt collection experts and our fluent English speaking expert lawyers. We can ensure that your outstanding receivables are paid as soon as possible. 

Debt Collection Procedure In Turkey

According toTurkish Law, there are two ways that a person who wants to collect debt. The first of these is to file a lawsuit and the other is to initiate enforcement proceedings. You can apply to these methods as you will receive all kinds of Money due. Does My Receipt Have To Be Based On An Invoiceor A Written Contract? No, it doesn't have to rely on an invoiceor a written contract to collect your receivable. For example, if you have a service relationship with your debtor, you can start a receivables follow-up with related mails or messages, or if you have a trading relationship with your debtor, with the cargo delivery form.

Do I Need To Deposit A Guarantee To Start A Receivables Follow-up In Turkey?"Foreign real and legal persons who file a lawsuit, participate in a lawsuit or follow enforcement proceedings in a Turkish court must show a guarantee to be determined by the court in order to cover the costs of litigation and follow-up and the loss and damage of the other party. "However, with the Hague Convention, it is stated that the court will exempt the litigant, the participant or the execution proceeding from the guarantee on the basis of reciprocity. You can contact us to find out if you are exempt from coverage.

Can I Charge Interest For My Receivable? Yes, you can charge interest on your receivable. But first, you have to put your debtor into default by sending a notice from a notary public.

Debt Collection Fees

You must pay the fees and expenses for the collection of debts, and if you want interest, in addition to these, you must pay the notary costs. If you decide to work with us, we handle this whole process for you and in return, we get a percentage of your remaining receivables after these payments are made.

The receivables follow-upprocess is a complex and requires strict follow-up. Trying to follow up on your own may result in loss of rights. For this reason, we are happy to asist you at every stage of the debt collection process with our expert team.

Foreign citizens can be heirs in Turkey.

According to Turkish Law, foreign citizen may also be inheritor in Turkey. Foreign citizens must clearly prove that he/she is the heir with a registers of personsIf the inheritance is an immovable located in Turkey, Turkish law is applied directly, regardless of the law of the legator. If the inheritance is movable, the national law of the legator is applied. What is important in Turkish law is the national law of the legator. It does not matter which country the foreign heir is subject to.

How do I claim my inheritance from Turkey?

In order for foreigners to be heirs in Turkey, the heir must have documents proving that the foreign citizen is the heir of the deceased, issued by the court of the country where the heir is a citizen or the population directorate of that country. We request a certificate of inheritance by submitting these documents to Turkish courts for you. It should be clearly stated for which goods the foreigner requests the inheritance certificate. After these procedures, foreign citizens can declare that they are heirs.

If there is an inheritance decision taken from a foreign court, this decision can be implemented in Turkey through recognition and enforcement. In order for the recognition and enforcement action to be opened, there must be a legal interest and the decision of the foreign court must be final. You can reach more detailed information by clicking on the link for the recognition and enforcement of inheritance decisions.

Transfer of immovables by inheritance

In Turkish Law, there is a limitation on immovable property for foreign heirs. If the heir is a foreign national, he must be a citizen of a country determined by the President in order to inherit the property. If the heir is a citizen of a country not included in this list, it is not possible for that foreigner to inherit the immovable.5. Sometimes the inheritance may be in debt and the heir may reject the inheritance.

Sometimes inheritance can be in debt. In this case, it will be to the benefit of the heirs to reject the inheritance within 3 months. Otherwise, they will be responsible for the debts of the legator. You can get information from our expert team for the rejection of the inheritance and determine which way will be suitable for your benefit.

Making a Will in Turkey for Foreigners

Anyone who wants to make a will has this opportunity in Turkey. Such a document will contain detailed information about a person's property and how it can be distributed within the family in the event of death. According to the current legislation, persons over the age of 15, persons with full mental abilities have the right to sign their wills in front of two witnesses or in front of a designated official in court. If you want to make a will for your property in Turkey, it can also be submitted by our lawyers who are experts in inheritance law who can represent you.

If you have a will made in a foreign country, a certificate of inheritance can be obtained by submitting it to the Turkish court. However, this will must be approved by the Turkish consulate or contain an apostille annotation. In order to prevent loss of rights that may occur in financial cases, it is useful to get support from our expert lawyers. 

Inheritance Tax in Turkey

Every heir in Turkey has to pay inheritance tax; The inheritance tax limit is updated annually. Valuable goods inherited by gift, donation or inheritance to Turkish citizens in Turkey or abroad are subject to the Turkish Inheritance and Property Tax Law. A non-resident who acquires property owned by a Turkish citizen abroad as a gift or inheritance is not subject to this law. However, if a foreigner residing in Turkey acquires property in Turkey, it is subject to the law.