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October 2004
DOUBLE APPEAL SYSTEM WAS ALSO ACCEPTED İN TURKEY


Our system of Appeals that has been long criticized has recently been changed.

Double system of Appeal that wide spread in Continental European System has been enacted by the Parliament. For the new system that is going to be applied after April 1, 2005 new Appeal Courts will be established in seven regions.

These courts being called as First Degree Appellate Courts will be functioning as Courts of Appeals within their authorized regions.

The decrees being acted by the Local Civil Courts will be reexamined by them. According to the new Law the above scrutinized and reevaluated the decrees of the Local Courts and the incidents concerning the case, will be able to render executive decisions.

The ex Courts of Appeals – that is YARGITAY – could only revise the decrees of the Local Courts and send it back to be tried once more. That procedure would approximately cause a delay from six months to one year. Now it is expected that the duration of the trials will have been shortened. In many of the cases the verdicts of the First Degree Appellate Courts will be conclusive not to be appealed again.

However, in some cases whose subject matter and some special cases, the parties will have the right of appealing the First Degree Appellate Courts, in case the verdict of the Court of Appeals is deemed to be contradictory to the Law.

However as in such cases the charges will be quite high and lawyers fees will be higher, as well, it is also expected that the number of the cases being sent to the Court of Appeals will be less than before. Yet, there hasn’t been accepted new criterion for lawyers who will act before the Court of Appeals.

According to the new Law, The Court of Appeals will no longer act as a higher authorities scrutinizing the subject matters and incidents but forming basic principles of Law.
Besides, new Turkish Penal Code was passed by Parliament and it is also going to be enacted after April 1, 2005, as the former one.

According to the new Law, along with the imprisonment and pecuniary penalties the convicts will be punished by compensating the injured parties losses attending educational institutions, being prohibited committing certain actions and profession, being employed in a job beneficiary to the Public, their traffic certificates and permissions to be recovered etc.

By means of the Penal Code new punishments, being committed by high technology, were imposed such as credit card thefts, intervention to the Internet communication, recording personal data. In addition acts against the secrecy of the private life were deemed as crimes.

As for the protection of literary and Industrial Rights, upon the endeavors of professional organizations and ministry of justice, were particularly concentrated in Istanbul where the piracy products brought into the market. There have been held many seminars for the municipalities and the police in this field. Interventions would be made possible for such illegal products without complaints.

Two civil and three Penal Courts were established in Istanbul to act upon the protection of literary and Industrial Rights.

The number of these courts is being increased in other cities.

To guarantee the security of Internet and develop e-trade new electronic signature certificate organizations, being directed by the Electronic Signature let, will come into being, soon.

In addition, some movable properties and real estates being confiscated by state on account of 2001 economical crisis are being sold. In this way, approximately fifteen TV, radio and TV broadcast channels will be probably sold in a short time, on account of the just completed report prepared by a foreign agency.

Especially, we sincerely recommend Real Estate investment in Istanbul for the foreigners, as soon as possible.

There will be a Law, for the new planning and construction of Istanbul – that is particularly attached importance by Prime Minister Tayyip Erdogan.

There will be probably a great increase in the Real Estates prices around Eminonu and Taksim regions as there will be very special architectural dispositions.

We are expecting a certain date to be given to Turkey, in December 2004, for the Admittance Interviews to the European Community, whose report will be announced by the end of this month. In case it’s realized there might be astonishing economical and social developments in Turkey.

PREVIOUS NEWSLETTERS:

July 2010 "THE NOTIFICATION RELATED TO PRODUCTS ON WHICH CUSTOM DUTIES ARE SUSPENDING AND WHICH WOULD HAVE TARIFF QUOTAS BY THE EUROPEAN UNION WAS PUBLISHED"
June 2010 "THE NOTICE REGARDING THE PRINCIPLES OF REGISTRATION OF SHARES TO THE BOARD AND SALE OF SHARES WAS PUBLISHED IN THE OFFICIAL GAZETTE DATED 3rd APRIL AND NUMBERED 27541"
May 2010 "THE AMENDMENTS HAVE BEEN MADE ON THE NOTIFICATION REGARDING THE RULES OF MERGING TRANSACTIONS"
April 2010 "THE GENERAL NOTIFICATION ON THE TAW PROCEDURE LAW HAS BEEN PUBLISHED"
March 2010 "The Act numbered 5951 "The Act regarding Alteration to be made in some acts and the Law on Procedure of Collection of Public Receivables" has been published in the Official Gazette dated 5th February 2010"
February 2010 "THE REGULATION ON CHANGING THE REGULATION WHICH IS ABOUT THE PRACTISE OF THE LAW ABOUT FOREIGNERS’ WORK PERMITS HAS BEEN PUBLISHED"
January 2010 "THE ANNOUNCEMENT ABOUT MAKING CHANGES ON THE ANNOUNCEMENT ABOUT INTERNATIONAL BANK ACCOUNT NUMBERS HAS BEEN PUBLISHED"
December 2009 "THE RE-ESTIMATION RATIO IN TAX PROCEDURE LAW HAS BEEN PUBLISHED"
November 2009 "THE ANNOUNCEMENT OF “THE TARIFF ABOUT MAKING A CHANGE ON THE TARIFF ABOUT ATTORNEYS MINIMUM FEE” HAS BEEN PUBLISHED"
October 2009 "THE DECLARATION ABOUT MAKING CHANGES ON THE DECLARATION CONCERNING THE MAXIMUM INTEREST RATES WHICH WILL BE APPLIED TO CREDIT CARD PROCEDURES HAS BEEN PUBLISHED."
July 2009 "THE ACT REGARDING THE ALTERATION OF THE PROPERTY OWNERSHIP LAW HAS BEEN PUBLISHED"
June 2009 "NOTIFICATION ON FINANCIAL CRIMES INVESTIGATION BOARD WAS PUBLISHED"
May 2009 "THE NOTICE ON APPLICABLE INTERESTS RATES ON REDISCOUNTS AND ADVANCES HAVE BEEN PUBLISHED."
April 2009 "THE LAW AMENDING SOME LAWS PUBLISHED IN THE OFFICIAL GAZETTE DATED 18.02.2009."
March 2009 "THE LAW AMENDING THE DECREE LAW ON PROTECTION OF TRADEMARKS HAS BEEN PUBLISHED."
February 2009 "THE NOTICE ON AMENDING THE NOTICE WHICH WAS ALTERED THE LAW ON REGULATION OF CHEQUE PAYMENTS AND PROTECTION OF HOLDERS OF CHEQUE WAS PUBLISHED"
January 2009 "The regulation on the acquisition of real property by foreign capital companies was published"
December 2008 "THE CONSTITUTIONAL COURT HAS ABOLISHED THE PROVISION WHICH WAS “PROHIBITED PRIVATE INDIVIDUALS AND LEGAL ENTITIES FROM TO GO ABROAD WHO ARE INDEBTED TO THE SAVING DEPOSIT INSURANCE FUND BOARD.”"
November 2008 "Ministry of Energy and Natural Resources Adopts a New Regulation on the State Geothermic Sources for Production of Electricity"
October 2008 "The Court of Appeal has ruled out that, the annual fee charged by banks for credit cards is unlawful."
September 2008 "Duty of Making Rent Payments Through Bank Transfer or Mail Order Brought by Paper Nr. 268 on Income Tax."
August 2008 "Real estate sale to foreign citizens re-regulated"
July 2008 "The Law on the Procedure of Collection of Public Debts is Amended"
June 2008 "The Constitutional Court approved the Istanbul 10th Enforcement Court’s appeal to strike out clause number 337/1 from the Bankruptcy and Enforcement Law which foresaw the 10 day disciplinary confinement for not declaring ones property."
May 2008 "Constitutional Court abrogated the subsection (d) of the article 3 of the Law on Direct Foreign Investment no. 4875 by its decision made on the 11.03.2008 and published on the Official Gazette on the 16.04.2008."
April 2008 "The Constitutional Court has rescinded the Paragraph (d) of the 3rd Article of the Law on Direct Foreign Investments no. 4875"
March 2008 "Amendments in the civil code, code of civil procedure of the code of intellectual and artistic works"
February 2008 "The Constitutional Court of Turkey Rejected The Annulment Case of The Law on Acquisition of Real Estates by Foreigners."
January 2008 "Law on Regulation of Internet Publishing and Struggle with Crimes Committed via Internet Publishing"
December 2007 "The Flat Ownership Act was amended on the 14.11.2007. One of the most significant amendments in the act is that any flat owner will not be entitled to carry out additional construction, repair, installation or painting in common areas of the building unless four fifth of the flat owners give their consent in writing for renovation."
November 2007 "With the law enacted in 9.11.2007, nuclear power plant construction and operation issues and principles of energy sales produced therein have been regulated. "
October 2007 "Intern lawyers will be able to work abroad"
April 2007 "Representative office establishment in Turkey"
March 2007 "Some Characteristics of Turkish Law on Foreign Employees and Employers"
February 2007 "Guarantee Contracts"
January 2007 "Validity Of Building Contracts In Return For Appartment Flats"
December 2006 "Leases In Big Shopping Centers,According To The Lessee's Point Of View"
November 2006 "Aexclusive Selling Contracts"
October 2006 "Acquisition of Rights on Intellectual and Artistic Works"
September 2006 "Letter Of Credit"
August 2006 "Real Estate Tax"
July 2006 "Free Trade Zones In Turkey"
June 2006 "Financial Lease Agreement Leasing"
May 2006 "Marital Property In Turkish Law"
April 2006 "Recogniton And Execution Of Foreign Courts Decrees"
March 2006 "Bank Guarantees In Turkish Law"
February 2006 "Basic Features Of Differencies Between A Limited Liability Company And A Joint Stock Corporation Under The Turkish Law"
January 2006 "The Measures Protecting The Rights Of Minority Of Shareholders In Joint Stock Companies"
December 2005 "Establshment Of A Lmted Lablty Company"
November 2005 "The Measures Protecting The Rights Of Minority Of Shareholders In Joint Stock Companies"
October 2005 "Divorce Causes In Turkish Law"
April 2005 "The Law Facilitating The Foreigners Purchasing Real Estates In Turkey Was Revoked By The Constitutional Court"
March 2005 "Turkey Is No Longer An Heaven For Piracy Of Works And Trademarks"
February 2005 "The Rights Of Intellectual And Artistic Works In Turkey"
January 2005 Agenda Of Turkey On The Way To Europe"
December 2004 "A Time For Turkeys Decision And Some Judicial Developments"
November 2004 "Recent News In Media For Foreign Investors "
October 2004 "Double Appeal System Was Also Accepted In Turkey"
September 2004 "The Latest Developments In Turkish Law"



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