ANNULMENT LAWSUITS IN URBAN TRANSFORMATION

I. INTRODUCTION New terms such as risky area, risky construction, and area of reserve construction have been regulated by Law on Transformation of Areas under the Risky of Catastrophe (The Law of Urban Transformation) numbered 6306 published on 31st May, 2012 and these terms are subjects of administrative jurisdiction. Lawsuits can be initiated against administrative…

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STRUCTURING INCONSISTENT WITH CONSTRUCTION PERMIT, UNLICENSED CONSTRUCTION AND LEGAL RESULTS

Construction permit is a utilization permit provided by the Administration to the owners when using property rights. Even if it is in accordance with the zoning plans and regulations, owners cannot do any constructional activity on their parcels without obtaining consent from the Administration. Constructing without consent of the related administration has administrative and punitive…

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THE ENFORCEMENT PROCEEDINGS OF NEGOTIABLE INSTRUMENTS UNDER TURKISH EXECUTION AND BANKRUPTCY LAW & IMPORTANCE OF TIME LIMITS

Turkish Execution and Bankruptcy Law is based on performing obligations by enforcement power of the state. The Turkish Execution system is composed of the Execution offices, the Courts of Enforcement and Division Offices of the Supreme Court. The procedure is divided as enforcement proceedings with judgment and enforcement proceedings without judgment which is available only…

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THE ENFORCEMENT OF ARBITRAL AWARDS IN TURKEY

I – Introduction International trade has been spreading due to increasing transportation and communication developments around the world. It becomes not only a geographic phenomenon but also it became the main activity of many small and middle size enterprises. Currently, due to this reason, international arbitration has been developed the scope of the international commercial…

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TRANSFER OF TRADEMARK

Introduction The right of trademark which is one of the most important rights in the field of industrial property may be object of legal acts because of its increasing economical value and its becoming independent. A registered trademark can be transferred to other people, can be inherited, its use can be object of a licence…

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PRE-EMPTION RIGHT

The pre-emption right is regulated in our Civil Code as the lien (legal pre-emption right) in common property and contractual pre-emption right where a person assigns a pre-emption right to a third person by a contract without a common property relationship. The scope of the right of pre-emption is to let the owner of the…

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HARDSHIP IN INTERNATIONAL CONSTRUCTION CONTRACTS

I – The Notion of Hardship As in most long term contracts, construction contracts carry some unforeseeable risks. Circumstances might change in the execution of long term contracts so fundamentally that they may alter the contractual. The situation in which the equilibrium of the contract is so frustrated that the execution of the contract might…

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FOREIGN INVESTMENTS IN TURKEY AND TYPES OF COMPANIES

Since the amendment of the Direct Foreign Investment Law on the 17.06.2003, there have been some changes in the existing system of corporate law. Differing from previous adjustments, obligations concerning permissions and minimum amount of capital are regulated in order to promote foreign investment. According to the Direct Foreign Investment Law; foreigner investors who directly…

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