Searching Content indexed under Trials & Appeals & Compensation by Moroglu Arseven ordered by Published Date Descending.
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Turkey Amends The Pricing Regulation For Human Medicinal Products
The Decision Regarding the Pricing Regulation for Human Medicinal Products in Turkey has been amended.
28 Mar 2019
Abuse Of Form Requirement During Property Transfers In Turkey
Freedom of contract stems from the freedom of will principle in civil law.
3 Jan 2019
Turkish Constitutional Court: Expropriation Does Not Violate Property Rights, Despite Stay of Execution Decision
The Turkish Constitutional Court recently ruled that the right to property had not been violated by completion of expropriation proceedings, initiated by the Energy Market Regulatory Authority ("Authority")...
25 Jan 2018
Turkish Constitutional Court: Balance Must be Struck Between Public Benefit and Individual Interests When Determining Compensation for Expropriations
The Turkish Constitutional Court recently considered a claim that property rights had been violated by insufficient compensation being paid for the decreased value of an applicant's property.
25 Jan 2018
Turkish Constitutional Court: Suspending Statute Of Limitations During Tax Valuation Commission Deliberations Is Constitutional
The Turkish Constitutional Court recently held that suspending the statute of limitations while the Tax Valuation Commission deliberates is constitutional, provided certainty and proportionality...
17 Nov 2017
Turkish Constitutional Court: Confiscating LPG's Replacement Value Breaches Constitutional Property Rights
The Turkish Constitutional Court recently considered the legal basis for confiscating LPG from a gas station. It held that since the act in question was not a crime, confiscation under the Turkish Penal Code is not possible.
16 Nov 2017
Turkish Constitutional Court: Including Interest and Court Expenses in Fine for Bounced Cheques Violates Constitutional Rights to Certainty and Predictability
The Turkish Constitutional Court recently considered calculation of judicial fines for bounced cheques. It decided to remove interest and court expenses from the calculation on the basis that this violates the constitutional principle that no crime or punishment should occur without law (Article 38). An individual's right to certainty and predictability is contained within this constitutional right.
2 Nov 2017
Turkish Constitutional Court: Constitutional Right To Legal Remedies And Access To The Courts Means Expropriation Compensation Lawsuit Should Be Heard
Turkey's Constitutional Court recently considered a claim arising from a dismissed lawsuit, seeking compensation for expropriated land.
17 Oct 2017
Turkish Constitutional Court: Holding A Company's Legal Representative Liable For Unpaid Public Debts Does Not Violate Property Rights
The Applicant argued that he is not liable because the debt became a public receivable in August 2001, after he was a board member.
17 Oct 2017
Turkey Adjusts Criminal And Civil Appeal Periods To Fifteen Days
Turkey has adjusted criminal and civil appeal periods to 15 days from the date a decision is notified to the parties, applying to decisions issued from 5 August 2017 onward
11 Oct 2017
Turkey's Supreme Court Clarifies Procedural Steps For Initiating Enforcement Proceedings
There are two main types of enforcement actions available in Turkey, intended respectively for circumstances where a judgment exists ("Judgment-Based") and where a judgment does not exist ("Non Judgment-Based").
21 Aug 2017
Turkish Constitutional Court: Shareholder's Property Rights Not Breached During Company Seizure, Provided Proceeds Used To Offset Debts To Saving Deposit Insurance Fund
Turkey's Constitutional Court recently considered a shareholder's failure to receive any revenue from sale of a company he held shares in.
6 Jul 2017
Turkish Constitutional Court Awards Compensation To Land Owners For Expropriated Land After Legal Basis Cancelled
Turkey's Constitutional Court recently ruled that land owners' property rights had been violated by expropriation of land for a dam and hydroelectric power plant project.
15 Jun 2017
Turkish Constitutional Court: Municipality Re-Zoning And Failing To Return Property Gifted For Specific Purposes Breaches Constitutional Property Rights
Turkey's Constitutional Court recently considered circumstances where an applicant had gifted land to the local municipality for road construction, without receiving compensation.
1 Jun 2017
Turkish Constitutional Court: Right to Fair Trial Violated by Failure to Consider Request to Use Oath Evidence
Turkey's Constitutional Court recently considered whether a first instance court had breached the principle of equality of arms by failing to consider a party's request to use an oath as evidence.
16 May 2017
Turkey's Constitutional Court: Property Owner's Constitutional Rights Violated By Street Closure Causing Decrease In Rental Rate
Turkey's Constitutional Court recently ruled that a property owner's constitutional rights were violated by a failure to ensure a balance between public interests and the individual's property ownership rights.
18 Apr 2017
Turkish Court Upholds Decision That Parties Cannot Amend Pleadings After A First-Degree Court's Decision Is Reversed
The 1948 Precedent was rendered under the (now abrogated) Civil Procedure Code numbered 1086, which prohibited pleading amendments after a reversal decision.
13 Apr 2017
Turkish Court Rules That A Company's Creditor Can Send Attachment Notices To Shareholders Which Owe Receivable To The Company
Turkey's Court of Cassation recently ruled that a company's creditor is entitled to send an attachment notice to a company shareholder since the shareholder is deemed to be a third party relative to the company.
7 Apr 2017
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