Corporate
Based in Kalamış, our office provides services in various areas of law with our experienced team. Our principle is to provide transparent consulting services at every stage of legal processes with a multifaceted approach and a holistic perspective. At the core of our work system is not only accompanying the processes related to current legal issues but also developing a proactive and preventive perspective by keeping up with current developments in our country and globally. Our team members complement each other academically and encourage collaboration, while our colleagues we have worked with before continue to be part of our team.
Based in Kalamış, our office provides services in various areas of law with our experienced team. Our principle is to provide transparent consulting services at every stage of legal processes with a multifaceted approach and a holistic perspective. At the core of our work system is not only accompanying the processes related to current legal issues but also developing a proactive and preventive perspective by keeping up with current developments in our country and globally. Our team members complement each other academically and encourage collaboration, while our colleagues we have worked with before continue to be part of our team.
We aim to maintain the dynamism of our team by conducting in-house academic studies to keep our knowledge up to date and develop professional competencies.Our clients come from a wide range of industries and geographical locations, and our services reflect this diversity and adaptability.
We aim to maintain the dynamism of our team by conducting in-house academic studies to keep our knowledge up to date and develop professional competencies.Our clients come from a wide range of industries and geographical locations, and our services reflect this diversity and adaptability.
Our Activities
Customs Law
- • Tax Litigation,
- • Administrative Cases,
- • Administrative Applications,
- • Smuggling Offenses
Maritime Law
- • Disputes and Arbitration,
- • Marine Insurance,
- • Ship Purchase and Sale Transactions,
- • Transportation and Freight Contracts,
- • Maritime Trade Law
MASAK Compliance and Legislation
- • Audit and Reporting Processes,
- • Compliance Policies and Training Programs,
- • Risk Management and Internal Audit,
- • Know Your Customer (KYC) Procedures,
- • Anti-Money Laundering
Commercial Law
- • Securities Law,
- • Corporate Law
Construction Project Consulting for LargeScale Projects
- • Urban Transformation Project Management Consulting,
- • Legal Consultancy for International Construction Companies
Intellectual and Industrial Property Law
- • Geographical Indications and Utility Models,
- • Industrial Design Law,
- • Copyright,
- • Patent Law,
- • Trademark Law
Who We Are
Our Team
ATTORNEY ŞADİ ALKAN
Managing Attorney
ATTORNEY BAŞAK CANDAN DOĞRU
Lawyer
ATTORNEY ELİF DALBOY
Lawyer
ATTORNEY PINAR ERBAŞ
Lawyer
TRAINEE LAWYER DENİZ DEMİROK
Legal Intern
İNCİ AKSOY
Legal Assistant
Articles
How to Appeal Customs Penalties?
Have you ever faced a penalty imposed by the Customs Administration during your import or export transactions? Many of these penalties may arise from regulatory errors, incomplete declarations, or systemic issues. However, it is possible to appeal these penalties through legal means. According to the Customs Law No. 4458, administrative fines can first be challenged through an administrative appeal. In this process, a written application is submitted to the relevant customs directorate. If the appeal is rejected, a lawsuit for annulment can be filed in tax courts. The statute of limitations is generally 30 days. Since the process involves legal and technical aspects, working with an expert lawyer is crucial. In commercial life, contracts ensure clarity regarding the rights and obligations of the parties. However, a poorly drafted contract can lead to significant legal risks. In this article, we explain the 5 critical points to consider when preparing a commercial contract. 1. Clear and Accurate Definition of the Parties The titles, addresses, tax numbers, and authorized representatives of the parties to the contract must be clearly specified. Incorrect or incomplete definitions of the parties may jeopardize the validity of the contract in future disputes. 2. Subject and Scope of the Contract The contract must clearly specify which service or product it covers and the obligations of the parties within this scope. Ambiguity may lead to differing interpretations between the parties. 3. Delivery, Duration, and Payment Terms All financial and temporal conditions, such as the delivery timeline for the product or service, payment method (cash, deferred, installment, etc.), payment date, and bank details, must be detailed. These clauses serve as evidence in favor of the parties in case of disputes. 4. Penalties and Termination of the Contract Penalties to be applied in case of failure to fulfill obligations must be clearly stated. Similarly, the conditions under which the contract can be terminated and the applicable notice periods should be clarified. 5. Jurisdiction and Applicable Law in Case of Disputes Which country's law will apply in resolving disputes, and which city's courts will have jurisdiction? Such details are especially important in international commercial contracts. Alternative dispute resolution methods, such as arbitration, should also be considered. Conclusion A small oversight in commercial contracts can lead to significant costs. Therefore, contracts should always be prepared or reviewed by expert lawyers. Do not hesitate to seek legal advice to take secure steps in your commercial activities.
Eviction and Legal Processes in Lease Agreements
Lease agreements are fundamental legal documents that regulate the rights and obligations of both tenants and landlords. However, disputes arising during the lease process, particularly regarding eviction and payments, can lead to significant legal consequences. In this article, we will examine eviction processes in lease agreements, the rights and obligations of the parties, and potential dispute resolution methods from a legal perspective. When Is Eviction Possible Under a Lease Agreement? Eviction under a lease agreement is possible under certain conditions as outlined in the Turkish Code of Obligations and related legislation. A landlord may demand eviction in cases such as the tenant’s failure to pay rent, use of the property in violation of the agreement, or unauthorized transfer of the leased property. On the other hand, a tenant may terminate the agreement if the landlord fails to comply with the contract terms, the property becomes unusable, or the landlord fails to fulfill their obligations. What Should a Tenant Do When Faced with an Eviction Demand? When faced with an eviction demand, a tenant must be aware of their legal rights. They should first review the basis for the eviction demand and assess its compliance with the contract and applicable legislation. In cases of unjust eviction, the tenant can apply to the civil court of peace to request the suspension or annulment of the eviction decision. Keeping complete records of documents and maintaining official correspondence is of great importance during this process. What Procedures Should a Landlord Follow for an Eviction Demand? When making an eviction demand, the landlord must first send a written notice to the tenant, clearly specifying the contract violations. In cases of non-payment of rent, the landlord may initiate enforcement proceedings for overdue rent. The eviction process typically requires a court decision, and the landlord must provide a legal basis for the eviction demand. Additionally, any special conditions specified in the lease agreement must be taken into account. What Are Common Issues Encountered in Eviction Lawsuits? Common issues in eviction lawsuits include tenants’ unjust resistance, delays in eviction decisions, and disputes over rent payments. Landlords must use legal avenues correctly and promptly to ensure the property is vacated. Tenants, on the other hand, should be aware of their rights and seek legal protection against unjust eviction claims. Can Mediation and Alternative Dispute Resolution Methods Be Used in the Legal Process? Yes, mediation is an important alternative dispute resolution method for eviction and lease disputes. Parties can reach an agreement through amicable settlement or mediation without resorting to court proceedings. These methods expedite the process and reduce costs. Mediation agreements can be as binding as court decisions and safeguard the parties’ rights. What Are the Rights and Obligations After Eviction? Once eviction occurs, both the tenant and the landlord have ongoing obligations. The tenant is required to deliver the property in an undamaged condition and in accordance with the contract. The landlord must fulfill obligations such as refunding the security deposit and other rights arising from the contract. If disputes arise at this stage, the civil court of peace or enforcement offices may intervene. What Legal Considerations Should Be Observed in the Eviction Process? The most critical considerations in the eviction process include preserving written evidence, ensuring official notifications, and acting in compliance with legislation. Additionally, special conditions in the lease agreement and statutory deadlines must be meticulously followed. Seeking legal advice is crucial to prevent the loss of rights. What Is the Most Effective Approach for Eviction and Lease Disputes? Eviction and legal disputes in lease agreements can have significant consequences for both parties. Ensuring that parties are aware of their rights, conducting the process in compliance with legislation, and seeking legal advice facilitate proper proceedings and expedite dispute resolution. Mediation and court processes provide a fair resolution framework and minimize potential financial losses.
Dismissal and Termination Processes in Labor Law
Labor law is one of the most critical areas regulating the relationship between employees and employers. Termination and dismissal processes can have significant legal consequences for both employers and employees. In this article, we will examine in detail the reasons for dismissal, procedures, rights and obligations, and potential dispute resolution methods. Reasons for Dismissal According to the Labor Law, reasons for dismissal are categorized under two main headings: just cause termination and valid cause termination. Just cause termination allows either the employee or the employer to immediately terminate the contract due to the other party’s conduct. Valid cause termination, on the other hand, involves dismissals carried out with a notice period and based on objective reasons. Just cause termination reasons include serious misconduct by the employee, the employer’s failure to pay wages, or significant violations of working conditions. Valid cause termination may involve economic reasons, organizational changes in the workplace, or changes in the job’s requirements. Employer Obligations in the Termination Process During the dismissal process, employers have specific obligations. These include notifying the employee in accordance with the notice period, paying severance and notice compensation, and providing written notification of the dismissal decision. The employer is required to communicate the dismissal decision in writing, along with its reasons. Additionally, the employer must provide the employee with necessary documents and information regarding their rights. The notice period varies depending on the employee’s seniority and is clearly specified in the Labor Law No. 4857. For example, the notice period for an employee with one year of service is 4 weeks. If the employer dismisses the employee without adhering to this period, the employee may claim compensation. Rights and Obligations: Employee Perspective From the employee’s perspective, the dismissal process brings issues of job security and compensation rights to the forefront. According to the Labor Law, employees working under indefinite-term contracts are subject to specific dismissal procedures. After receiving the termination notice, an employee may file a lawsuit claiming unfair dismissal. In cases of unfair dismissal, the employee may request reinstatement or claim severance and notice compensation starting from the dismissal date. During the legal process, the employee can challenge the validity of the dismissal reasons with evidence and have the employer’s compliance with obligations reviewed. Types of Termination and Their Legal Consequences Termination types can be classified as immediate termination, termination with notice, and mutual agreement termination. Immediate termination, also known as just cause termination, ends the employment contract instantly. In termination with notice, the employer or employee must comply with the notice periods. In mutual agreement termination, the parties mutually agree to end the contract, typically with pre-determined compensation or rights. Legal consequences vary depending on the type of termination. In just cause termination, neither party can claim compensation, whereas in valid cause or unfair dismissal cases, the employee may be entitled to compensation. If the employer violates the employee’s rights, the employee may pursue legal action. Resolution of Dismissal Disputes Disputes arising from dismissals are typically resolved through labor courts. Either the employee or employer can file a claim for unfair dismissal or rights violations. The court process is conducted based on the contract terms, the employee’s performance, and the employer’s stated reasons for dismissal. Additionally, parties may opt for alternative dispute resolution methods. Mediation and conciliation offer quick and cost-effective solutions to disputes. These methods shorten the lengthy court processes and create a foundation for agreement between the parties. Common Mistakes in Dismissal Common mistakes made by employers include failing to provide written notification of the dismissal reasons, not paying severance or notice compensation, and inadequately documenting evidence. These errors can serve as evidence against the employer in court proceedings. Employees, on the other hand, may make mistakes such as being unaware of their rights or incorrectly evaluating the dismissal reasons. Employees should seek legal assistance upon receiving a termination notice and ensure all documents are complete. Conclusion and Recommendations Dismissal and termination processes carry legal risks for both employers and employees. Employers must apply the dismissal reasons and procedures in compliance with the law. Employees should be aware of their rights and keep all documents and evidence complete during the termination process. Seeking legal advice is critical to preventing errors and avoiding rights violations during this process. Working with a lawyer specialized in labor law ensures that termination processes are conducted in compliance with the law and minimizes potential disputes between the parties.
