Searching Content indexed under Trials & Appeals & Compensation by Gönenç Gürkaynak Esq ordered by Published Date Descending.
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The New Dispute Resolution Method For Commercial Disputes: Mandatory Mediation
The Law on the Procedure for Initiating Execution Proceedings based on Monetary Receivables Arising out of Subscription Agreements was published in the Official Gazette on December 19, 2018.
4 Mar 2019
The Court Of Appeals' Noteworthy Precedent Regarding The Contradictions Between Private Expert Opinions And Official Expert Reports
Therefore, this noteworthy precedent will assist judges in monitoring and examining the reliability of experts and will provide them with a brand-new perspective on which to base their decisions.
27 Dec 2018
The Court Of Appeals Sheds Light On "Just Cause" For Termination, Exit Right And Squeeze-Out Of Shareholders
Article 636 of the TCC lists the circumstances in which a limited liability company shall be terminated
3 Dec 2018
Unfair Competition Claims for Sale of Certain Products Below Purchase Price
As a general principle, an enterprise has the right under Turkish law to freely determine the prices of its products and services. In other words, there is no rule under the Turkish competition law regime that would require enterprises to ...
17 Oct 2018
The Turkish Competition Board Acknowledged that Reassessment of a Decision Must Not Harm the Appellant
The Competition Board ("Board") has recently published its reasoned decision in its reassessment of the Turkish Pharmacists Association (Türk Eczacıları Birliği) ("TPA") case, following the annulment decision ...
1 Oct 2018
Scope Of Notification Via Electronic Means Has Been Recently Expanded
Notifications served via electronic means have been part of Turkish law since the introduction of Article 7/A of the Notification Law No. 7201 in 2011.
18 Jun 2018
Strict Conditions Regarding the Use of the 'Organic Link Theory' Reiterated by the Court of Appeals: Extending Liability to Affiliates
"Organic link theory" applies to legal entities and is relied upon by such entities to extend the liability of one legal entity to another when there is an "organic link" between the two that could render both entities as one in terms of exposure to legal liability.
26 Mar 2018
The Court Of Appeals Clarifies The Validity Of Standardized Terms In Agreements Between Merchants
The TCO provides a control mechanism with regard to the interpretation of standardized terms.
10 Jan 2018
The Court of Appeals Clarified the Admissibility of Relying on Oath as Evidence in Civil Proceedings where Evidence List does not Include "Oath"
Oath is accepted as evidence according to the rules of Turkish civil procedural law, even though the term itself is not defined by the Law on Civil Procedure No. 6100 ("Law No. 6100").
9 Oct 2017
Awards Of Excessive Compensation Under Turkish Intellectual And Industrial Property Law
Article 17 of the Turkish Constitution provides that "Everyone has … the right to protect and improve his/her corporeal and spiritual existence."
31 Jul 2017
The Constitutional Court Rejected Application for Partial Annulment of Article 14 of Press Law No. 5187
The Constitutional Court, with its decision numbered 2016/165 E, 2017/76 K. and dated 15 March 2017, rejected Istanbul 2nd Criminal Court of First Instance's application for partial annulment of Article 14 of Press Law No. 5187 ("Press Law"), ..
26 Jun 2017
Special Audit In Joint Stock Companies
In joint stock companies, there are three types of audit mechanism, namely (i) statutory audit, (ii) optional audit and (iii) special audit.
22 May 2017
Overview of the New Law on Experts No. 6754
The new Law on Experts No. 6754 ("Expert Law") brought fundamental changes to the system of court-appointed experts in the litigation process.
15 Mar 2017
The High Court Of Appeals Rules That Judges Cannot Resort To Experts In Assessment Of Likelihood Of Confusion In Trademarks
The High Court of Appeals, Assembly of Civil Chambers has recently ruled on the issue of whether appointment of an expert for assessment of likelihood of confusion in trademarks is admissible under Turkish Procedural Law (E. 2014/11-696, K. 2016/778, 8.6.2016).
16 Jan 2017
Changes in Appellate Review System
The current Law on Civil Procedures (the "LCP") numbered 6100 had entered into force on October 1, 2011 but the new appellate procedures introduced by the Law numbered 5235 on September 26, 2004 and repeated in the LCP had not entered into force due to the fact that regional courts of justice hadn't been established and non-operational.
27 Jul 2016
Promising New Ruling on Limits of Administrative Bodies' Discretion Regarding Right to Access to Information
The 2nd Administrative Court of Ankara ascertained the importance of the right to access to information and decided to annul a decision of the Turkish Competition Authority whereby the Authority rejected a request for access to information that an undertaking introduced in a view to prepare its defence in an ongoing litigation ..
13 Jul 2016
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