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Legal guides written by Tekin Law Firm:
Commercial litigation involves resolving disputes arising from business and commercial relationships. In Istanbul, as Turkey’s largest economic hub, commercial litigation is a vital aspect of the legal system, addressing conflicts between companies, individuals, or a mix of both. The process covers a wide range of issues including breaches of contract, partnership disagreements, debt collection, intellectual property disputes, and more. Turkish commercial litigation is primarily governed by the Turkish Commercial Code, the Turkish Civil Procedure Code, and various related regulations. Istanbul, with its specialized Commercial Courts, offers an established legal framework for efficiently resolving such conflicts.
Commercial litigation can be complex and challenging, particularly if you are unfamiliar with Turkish laws and procedures. Common situations that create the need for professional legal help include:
Hiring a commercial litigation lawyer ensures that your interests are effectively represented, and that you comply with all procedural requirements in Turkish courts. A local attorney can help you avoid costly mistakes, access the most suitable dispute resolution methods, and ultimately reach a favorable outcome.
The main legal sources for commercial litigation in Istanbul are the Turkish Commercial Code (TCC) and the Turkish Civil Procedure Code (CPC). These laws provide comprehensive guidelines on contractual obligations, business operations, dispute resolution, and court proceedings. Important aspects relevant to Istanbul include:
Understanding the local legal landscape is important for businesses and individuals who want to protect their rights and resolve disputes swiftly.
Commercial litigation covers business-related disputes including breach of contract, company dissolution, debt recovery, intellectual property, and shareholder disagreements.
No, many commercial disputes are resolved through negotiation, arbitration, or mandatory pre-court mediation. Court proceedings become necessary when alternative dispute resolution fails.
For most commercial disputes in Turkey, mediation is a legal prerequisite before a lawsuit can be filed. This rule aims to speed up dispute resolution and lessen the court’s caseload.
Timeframes vary depending on case complexity, but commercial cases typically last between one and three years, including possible appeals. Mediation or settlement can resolve matters faster.
Courts often appoint financial or technical experts to review documents, calculate damages, or provide specialized opinions in complex commercial matters.
Yes, foreign companies and individuals have the right to file lawsuits and defend themselves in Turkish commercial courts, subject to Turkish law and jurisdiction rules.
Costs typically include court fees, attorney fees, and expert witness fees. The losing party is normally responsible for these costs, but partial or full exemptions may apply in some cases.
Yes, decisions of the Commercial Court of First Instance can be appealed to the Regional Court of Appeal and, ultimately, to the Court of Cassation for a final review.
Once final, judgments can be enforced through the Turkish enforcement offices. This process may involve asset seizure, bank account garnishments, or other enforcement measures.
Generally, Turkish courts recognize foreign judgments if there is reciprocity and certain legal criteria are met. Recognition and enforcement proceedings are required before a Turkish court.
If you need more information or support, the following resources can be helpful:
If you believe you need legal assistance regarding a commercial dispute in Istanbul, consider the following steps:
Addressing commercial disputes promptly with the help of a qualified attorney can increase your chances of a favorable and efficient resolution.
