Ongoren Law Office

Newsletter August 2010

Monthly Bulletin July 2010 - Attachment proceedings for negotiable instruments

Special Offering - Merger and acquissitions in Turkey

Newsletters

Useful Informations

November 2009

THE ANNOUNCEMENT OF “THE TARIFF ABOUT MAKING A CHANGE ON THE TARIFF ABOUT ATTORNEYS MINIMUM FEE” HAS BEEN PUBLISHED

According to the announcement, for cases and procedures seen by the 4th Tax Court; if it is without a hearing 500, 00 TL; if there is a hearing then 750, 00 shall be paid to the attorney. This announcement has become effective from the day which it was announced in the Official Gazette which was 28 October 2009.

THE DECISION OF THE 18TH CIVIL CHAMBER OF THE COURT OF APPEAL ABOUT COMPENSATION IN FAVOUR OF A THIRD PERSON

According to the article 97/15 of the ÝÝK ( Ýcra ve Ýflas Kanunu-Enforcement and Bankruptcy Law) in order to decide on giving compensation in favour of a third party, along with the acceptance of the third persons case in the event the claimant or debtor who has objected to the claim of third person if they had bad intentions then this is sufficient the third party does not have to request for compensation to get it in this situation. Here bad intention is when during a seizure even through the claimant knows that the item is in fact the plaintiff’s but still asks the bailiff to continue with the seizure of the item. As a rule it is accepted as normal when a claimant objects to third parties’ claim which is about the procedures made between the third person and debtor because the claimant is foreign to it.

A substantial event the 18th Civil Chamber of the Courts of Appeal has come across with is like this; the fact that the debtor resides at the address in which the seizure is being enforced has been verified by the enquiry made at the same building and this has been written down in the seizure report. Along with this at the place of seizure a marriage licence, receipts etc belonging to the debtor has been found. The fact that the things subjected to seizure actually belonged to a third person was verified after evidence was gathered. In this case the claimant’s right according to the 97th article of ÝÝK to request that the claim of the third person is proven by them and to wait until this is proven is their legal and natural right. Therefore the decision to make the defendant claimant responsible for paying bad intention compensation is against procedure and the law. (Decision no 2004/12450 E., 2005/1146 K.).

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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