Contracts in Turkish Law, Real Property Law »

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Validity Of Building Contracts in Return for Appartment Flats

Either local, or foreigner, one of the most important legal issues concerning the contractors offering services in construction industry is the validity issues of building contracts, which they might face during the jobs they undertake in return for appartment flats. Before examining this subject in details, briefly defining the concepts of “contract” and “building contract in return for appartment flat” might be appropriate.
Upon Turkish Obligations Code (OC) article 1, a contract is formed with the mutual and apposite consent declaration of the parties. The consent’s decleration can be either explicit …

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Bank Guarantees in Turkish Law

Bank guarantees bear great importance in the contemporary international commercial dealings that can be achieved easily enabling the credits to be paid, being converted into cash.
Though the banks under risks due to bank guarantees these risks have been reduced by counter guarantees and by this system, banks stand by their development and accelerate the international trade.
Bank guarantees haven’t been regulated in Turkish Law by a different and private code. Bank guarantee is a kind of document for a task to be accomplished, payment of debts, delivery of goods etc. Being …

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Representative Office Establishment in Turkey

I- INTRODUCTION
A representative office can be defined as “Offices established by non-resident individuals and legal entities with social, cultural or economical purposes such as communication, entertainment, providing contacts, conducting market research at the country of investment, close follow up of business opportunities at the country of investment and offering information to the main company.”
Upon foreign investments legislation, the representative office’s conducting business activities is forbidden, therefore the economical structure of such offices has to be closely observed. Being banned of business activities, these offices should not have tax liabilities regarding …

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Real Estate sale to foreign citizens re-regulated

Paragraphs 7 and 8 of the article 35 of the Deed Law on acquisition of real estated by foreign citizens which was partially annulled by Constitutional Court on 11.4.2007 and article 36 which had been abrogated by the article 38 of the Law nr. 4916 on 19.07.2003 have been re-regulated..
By the first arrticle of the Law nr. 5782 on “Amendments in the Deed Law” [Law 5782] published on the Official Gazette nr. 26937 on the 15.7.2008, areas where foreign citizens and foreign investors cannot acqiure real estate have been defined …

Contracts in Turkish Law »

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Exclusive Selling Contracts

In parallel with the international developments at the commercial arena, volume of world’s trade is also expanding. Therefore, countries are moving towards to create common economical targets. “Exclusive Selling Contract” is a typical contract which enables easier transfer of goods and products to foreign markets.
With the help of Exclusive Selling Contract, exports to a certain country can be conducted via a sole distribution center located there. In a few words, the commercial relationships are sustained by a sole buyer at the country of export. The buyer undertakes many risks and …