القاموس القانوني
القاموس القانوني
Action for Reduction (Abatement)
A claim brought by forced heirs whose reserved share has been infringed by the deceased's testamentary dispositions or lifetime gifts. The court reduces the infringing dispositions down to the limit of the reserved share. Its deadlines and conditions are set by law.
Related practice areaAlimony / Maintenance
Financial support one party is obliged to pay to the other or to a child following divorce or separation. It includes types such as interim, poverty-based and child maintenance, set according to the parties' income and needs. The amount can later be increased or decreased if circumstances change.
Related practice areaCommercial Books
Records such as the journal, general ledger and inventory book that merchants must keep under the Turkish Commercial Code. These books can serve as evidence in commercial disputes, so keeping them properly matters. Electronic bookkeeping follows the procedures set out in the legislation.
Related practice areaCourt-Appointed Expert
A specialist appointed by the court to give an opinion on matters requiring technical knowledge. The expert report is a form of evidence that the parties may challenge; it is not binding on the judge. Expert review is common in fields such as construction, accounting and traffic accidents.
Custody
The set of rights and duties parents hold regarding a minor child's care, education and representation. In divorce, the court decides who is granted custody based on the child's best interests. The other parent is typically granted personal contact (visitation) rights.
Related practice areaDefault (Late Performance)
The situation where a debt is not performed although its due date has arrived. The creditor generally must send a formal notice for default to occur, though in some cases default arises automatically. Default can give rise to claims for late-payment interest and damages.
Related practice areaDefective Goods
Goods or services that lack the qualities agreed between the parties or are unfit for their intended purpose. Facing defective goods, a consumer may choose among repair, replacement with a defect-free equivalent, a price reduction, or rescinding the contract, as set out in consumer protection legislation.
Related practice areaDisability Retirement
The ability of an insured person who has lost working capacity above a certain rate, and meets other statutory conditions, to retire without the usual age or premium-day requirements. The disability determination is made by health institutions authorized by the social security authority, and a minimum contribution period is also required.
Related practice areaElectronic Notification
The delivery of official correspondence and notices to a recipient electronically through the registered electronic mail system. Certain institutions and companies are required to obtain an e-notification address. Notice is deemed served a set period after the system becomes accessible to the recipient.
Related practice areaEnforcement Based on a Judgment
An enforcement proceeding based on a court judgment or an equivalent document. The debtor's grounds for objection are more limited than in enforcement without a judgment, since the claim has already been established by a court ruling. An enforcement order, rather than a payment order, is sent to the debtor.
Related practice areaEnforcement Without a Judgment
An enforcement proceeding a creditor initiates at the enforcement office without holding a prior court judgment. A payment order is sent to the debtor, who may object within a set period to halt the proceeding. If the debtor objects, the creditor may need to pursue cancellation or removal of the objection.
Related practice areaEviction Commitment
A written commitment by the tenant to vacate the leased property by a specific date. For validity, it generally must be signed freely on a date after the lease itself began. If the tenant does not comply, the landlord may seek eviction through enforcement proceedings.
Related practice areaExpropriation
The process by which the administration acquires ownership of privately owned real estate for a public purpose, paying compensation to the owner. The expropriation price is determined under statutory procedures. The owner has the right to challenge the expropriation decision or the compensation amount in court.
Related practice areaFault
A person's contribution, through intent or negligence, to an unlawful outcome. In compensation law, the existence and degree of fault plays a central role in determining liability and the amount of damages. In traffic accidents, the fault ratio is typically determined through expert examination.
Related practice areaJoint and Several Liability
A form of liability where several persons are each responsible for the entire debt, allowing the creditor to claim the full amount from any one of them. It commonly arises in partnerships, suretyship and jointly caused wrongful acts in commercial relationships.
Related practice areaJoint Stock Company
A company type whose capital is divided into shares, with partners' liability limited to their subscribed share. Larger businesses often choose this form for potential public offerings and corporate governance needs. It has mandatory bodies such as a board of directors and a general assembly.
Related practice areaLease Agreement
An agreement under which the lessor grants use of a property to the tenant in exchange for rent. It sets out matters such as the rent amount, term, and the parties' rights and obligations. Special tenant-protective rules apply to residential and roofed business-premises leases.
Related practice areaLegal Entity (Legal Personality)
The capacity of an entity such as a company, association or foundation to hold rights and incur obligations in its own name. Legal personality arises upon registration and gives the entity assets separate from its founders, which matters for limiting personal liability.
Related practice areaLimited Liability Company
A company type that can be formed by one or more individuals or entities, where partners' liability is generally limited to their contributed capital. It is a common choice for small and medium-sized businesses. The articles of association govern the partners' relations and management.
Related practice areaMatrimonial Property Regime
The set of rules governing how spouses manage their property during marriage and how it is shared upon divorce. The default statutory regime is participation in acquired property, though spouses may choose a different regime by agreement. Liquidating the regime upon divorce is the subject of the property division claim.
Related practice areaNon-pecuniary (Moral) Damages
Compensation a person may claim for the pain, distress or violation of personal rights caused by an unlawful act. The amount is determined by the judge, considering factors such as the severity of the event and the parties' circumstances. It can be claimed independently of pecuniary damages.
Related practice areaOccupational Accident
An event occurring at the workplace or arising from the performance of work that causes physical or psychological harm to an employee. An employee affected by an occupational accident may be entitled to benefits such as temporary or permanent incapacity payments under social security legislation, and may also claim compensation if the employer was at fault.
Related practice areaPecuniary (Material) Damages
Compensation corresponding to a reduction in a person's assets caused by a harmful event, covering items such as treatment costs, loss of income or property damage. Calculating the amount requires proving the causal link between the act and the loss.
Related practice areaPersonal Data
Any information relating to an identified or identifiable natural person, such as a name, national ID number or health data. Processing such data must rely on one of the lawful bases set out in the personal data protection legislation.
Related practice areaPersonal Data Protection Law (KVKK)
Turkey's law setting out the principles for processing personal data. It imposes obligations on data controllers such as lawful processing, ensuring data security and informing data subjects. Violations can lead to administrative fines and other sanctions.
Related practice areaPower of Attorney
An official document by which one person authorizes another to act on their behalf for specified matters. A power of attorney given to a lawyer is issued before a notary and can cover litigation, signing contracts and similar acts. Persons abroad may issue one through a consulate.
Pre-trial Detention
A judicial order depriving a person of liberty before a criminal case concludes. It requires strong suspicion of an offense and one of the statutory grounds for detention. Detention decisions can be appealed and are periodically reviewed.
Related practice areaPrecautionary Attachment
A protective measure allowing a creditor to have the debtor's assets seized by court order to secure a claim before enforcement proceedings become final. The applicant is generally required to provide security. The main enforcement proceeding must be initiated within a set period after the order is carried out.
Related practice areaReconciliation (Criminal Mediation)
An alternative resolution process for certain offenses listed in the law, where the suspect or defendant and the victim reach an agreement through a mediator. If reconciliation is achieved, the investigation or prosecution may end under certain conditions. Only offenses specified by law are eligible.
Related practice areaReserved (Forced Heirship) Share
The portion of an estate that the law guarantees to certain close relatives of the deceased (descendants, spouse, parents), which cannot be entirely eliminated by the deceased's testamentary freedom. A will or inheritance contract cannot infringe this share. The applicable ratios are set by law according to the heir's degree of kinship.
Related practice areaResidence Permit
A permit issued to foreign nationals for stays in Turkey exceeding a certain duration. It has different categories such as short-term, family, student, work and long-term. Applications are submitted to the relevant administrative authority, and complete documentation helps the process.
Related practice areaRight of Withdrawal
The consumer's right to withdraw from a contract, particularly a distance sale, without giving a reason or paying a penalty. The withdrawal period is set by law, and the seller must inform the consumer of this right and how to exercise it in advance. Failure to inform the consumer can extend the withdrawal period.
Related practice areaSeverance Pay
Compensation paid, proportional to length of service, to an employee who leaves or is dismissed under conditions set by law. It generally requires at least one year of service and one of the statutory termination grounds. The calculation is based on the employee's last gross wage and years of service.
Related practice areaSimulated (Sham) Transaction
An apparent transaction that does not reflect the parties' true intent and is made to mislead third parties. For example, understating the real sale price on a title deed can fall into this category. Interested parties may seek a court declaration that a sham transaction is invalid.
Related practice areaStatute of Limitations
The period after which a right can no longer be pursued through a lawsuit or enforcement proceeding because the legal deadline has passed. Periods vary by claim type and usually start from a specific triggering event. The underlying right does not disappear, but a limitation objection can block the claim.
Tax Loss (Underpayment Penalty)
A situation where tax is assessed at a lower amount than due, or not assessed at all, because a taxpayer failed to fulfill their tax obligations on time. A penalty is assessed against the taxpayer alongside the underpaid tax. The penalty rate can vary depending on the nature of the fault.
Related practice areaTermination for Just Cause
The immediate termination of an employment contract, without waiting for the notice period, by either party when one of the serious grounds listed in law exists. Health reasons, breaches of good-faith rules or compelling circumstances at the workplace are among the examples. This right must be exercised within a specific period after becoming aware of the ground.
Related practice areaTermination of Employment Contract
The unilateral termination of an employment contract by either the employer or the employee. It may occur through ordinary termination with notice, or immediate termination for just cause. Depending on how and why it happens, entitlements such as severance and notice pay may arise.
Related practice areaWitness
A person who gives a statement in court based on direct knowledge or observation of an event. Witness testimony is significant evidence in criminal proceedings. A witness who knowingly gives a false statement may face criminal liability.
Related practice areaWork Permit
The permit required for a foreign national to work in Turkey, either employed or independently. The application is generally submitted through the employer to the relevant ministry. A work permit can also serve in place of a residence permit.
Related practice area