WHO IS A COMMERCIAL LAWYER IN TURKEY?

Commercial lawyer in Turkey is a professional who have typically developed deep expertise in commercial law and related legal matters. Commercial law is a branch of law that regulates various activities in the business world, and a commercial lawyer in Turkey guides their clients in these complex areas. In particular, a commercial lawyer provides specialized expertise in legal counseling and litigation related to commercial law disputes.

This expertise assists clients in taking the necessary legal steps to protect their legal rights. A business lawyer in Turkey evaluates clients’ business operations, commercial agreements, and other transactions from a legal perspective, developing appropriate legal strategies. Additionally, they may engage in negotiations and represent clients in court to resolve commercial disputes quickly and effectively.

Commercial lawyers are familiar with local and international regulations that govern their clients’ commercial activities. This allows them to inform clients about compliance with regulations and help them avoid potential legal issues. They may also provide support in related areas such as employment law, tax law, and intellectual property.

In conclusion, a commercial lawyer in Turkey is an expert with extensive knowledge and experience to understand and meet the legal needs of their clients. Adapting to the complexity of the business world, they assist clients in overcoming any legal challenges related to their business by providing strong legal representation and counseling.

CHARACTERISTICS OF A BUSINESS LAWYER IN TURKEY

A business lawyer in Turkey is a professional who possesses in-depth knowledge of both general and specific regulations to which commercial companies and businesses are subject. These lawyers meticulously follow commercial law practices and the constantly evolving legislation. Particularly, commercial lawyers operating in dispute matters falling within the jurisdiction of commercial courts provide their services through legal counseling and litigation support. By effectively resolving disputes arising from commercial relationships, they offer their clients the opportunity to achieve fast and favorable outcomes.

These professionals are well-versed in the fundamental legal framework provided by the Turkish Commercial Code numbered 6102 and the Turkish Code of Obligations numbered 6098. Additionally, they demonstrate a high level of expertise, legal technique, and skill in commercial law. Especially during the period when disputes related to commercial receivables and compensation became subject to mandatory mediation starting from January 1, 2019, commercial lawyers take responsibility for informing and effectively guiding their clients in this regard.

SCOPE OF COMMERCIAL LAW IN TURKEY

To understand the basic functions of commercial law, it is important to briefly explain the field itself. Commercial law is a branch of law that regulates commercial activities, including the production, consumption, and exchange of commercial goods. It is examined in three main categories: commercial business law, company law, and negotiable instruments law. This requires commercial lawyers to provide expertise across a broad spectrum.

Commercial law in Turkey, focusing on topics regulated in the Turkish Commercial Code, apart from the Turkish Code of Obligations, contains provisions on various aspects of commercial businesses. This legal field is further shaped by commercial lawyers through specialization and gaining experience. Commercial lawyer in Turkey aims to prevent their clients’ material, moral, and legal losses by providing legal counseling and litigation support in this field.

For comprehensive information on commercial law practices in Turkey and worldwide, you can explore our “Business Law in Turkey” page.

CASES HANDLED BY COMMERCIAL LAWYER IN TURKEY

Commercial law litigation services cover a wide range of commercial disputes. The litigation services provided by commercial lawyers include:

• Commercial Debt Recovery Cases: Commercial debt recovery cases encompass legal processes initiated for the collection of debts arising from commercial relationships.
• Customs Cases: Customs cases involve legal issues arising during the import or export of goods, providing guidance on compliance with customs regulations, taxation, and other customs-related matters.
• Cases Arising from the Law on Protection of the Value of Turkish Currency: Cases arising from the Law on Protection of the Value of Turkish Currency involve legal issues resulting from violations of regulations related to the Turkish currency.
• Cheque and Promissory Note Debt Cases: Cheque and promissory note debt cases cover legal disputes arising from commercial relationships based on these financial instruments, representing clients in debt claims.
• Cheque and Promissory Note Cancellation Cases: Cheque and promissory note cancellation cases involve legal disputes related to the validity or authenticity of these payment instruments.
• Partnership Disputes: Partnership disputes cover legal issues arising from business partnerships, with commercial lawyer in Turkey representing clients in the implementation of partnership agreements and dispute resolution.
• Exclusion from Partnership Cases: Exclusion from partnership cases involve legal issues that arise during the termination process of commercial partnerships.
• Current Account-Related Debt Cases: Current account-related debt cases encompass legal processes initiated for the collection of current account receivables arising from commercial transactions.
• Invoice Debt Cases: Invoice debt cases involve disputes related to receivables arising from commercial transactions and invoices, with business lawyer in Turkey representing clients in legal processes.
• Commercial Trademark Cases: Commercial trademark cases include legal disputes arising from trademark infringements, imitations, and similar issues. Commercial lawyers represent clients in protecting their commercial trademark rights and combating infringement situations. For detailed information on this topic, you can visit our “Intellectual Property Rights in Turkey” page.
• Competition Law Violations: Competition law violations include behaviors contrary to antitrust laws, cartel formations, and practices restricting competition. Business lawyer in Turkey provides expertise in protecting clients within the framework of competition law and representing them in legal battles against competition violations.
• Bankruptcy and Concordat Cases: Bankruptcy and concordat cases cover the processes of commercial companies dealing with financial difficulties. Lawyers guide clients through the bankruptcy process, prepare concordat requests, and represent them in court.
• International Trade Law Disputes: International trade law disputes encompass disagreements arising from international trade. An international commercial lawyer in Turkey represents clients in legal issues stemming from international trade contracts.
• Compensation Cases: Compensation cases cover legal processes initiated for the reimbursement of damages arising from commercial relationships or other areas of commercial law. Commercial lawyers specialize in defending clients’ rights in compensation claims and determining compensation amounts.
• Maritime Trade Cases: Maritime trade cases cover legal issues related to maritime trade, typically including ship accidents, maritime transport contracts, maritime insurance, and other legal issues arising from maritime trade.

CONSULTANCY AREAS OF COMMERCIAL LAW FIRMS IN TURKEY

Commercial law firms in Turkey focus on a wide range of commercial matters, providing comprehensive support to secure clients’ business operations legally. These services include:

• Tracking Commercial Cases: Commercial lawyer in Turkey effectively tracks clients’ commercial cases, represent clients in legal processes, and defend their rights.
• Commercial Disputes: Evaluate alternative dispute resolution methods for resolving commercial disputes and manage legal processes.
• Corporate Governance: Provide consultancy on corporate governance, ensuring legal compliance and optimizing management processes. For more details on this topic, you can review our “Corporate Law in Turkey” article.
• International Distribution Agreements: Offer legal support in the preparation, evaluation, and representation of clients in disputes regarding international distribution agreements and provide legal assistance in international trade law.
• Franchise, Dealership, Agency Agreements: Provide legal consultancy in the preparation, negotiation, and resolution of disputes related to franchise, dealership, and agency agreements.
• Capital Increases and Decreases Transactions: Manage the company’s capital increase and decrease transactions, inform clients about the legal requirements in these processes.
• Transactions Regarding Stocks and Bonds: Regulate transactions related to stocks and bonds, issue, manage transfer transactions, and protect clients’ securities transactions.
• Overseas Debt Collection: Manage debt collection processes abroad, effectively track clients’ receivables in international contexts.
• International Investment Consultancy: Provide consultancy in the process of making investments abroad, assess legal requirements, and protect clients’ investments.
• Customs Operations: Provide consultancy on customs operations, legally optimize clients’ import and export processes.
• Inspection of Export Collections: Audit export collections, take necessary legal measures, and protect clients’ receivables.
• Import Operations: Assist clients in complying with legal requirements during import operations and manage the processes.
• Controls and Regulations on Transit Trade and Standardization: Conduct audits and regulations on transit trade and standards, ensure clients’ compliance.
• Preparation, Review, and Interpretation of International Contracts: Offer legal support to clients in preparing, reviewing, and interpreting international contracts effectively. For detailed information on this topic, you can explore our “Contract Law in Turkey” page.
• Resolution of Disputes Arising from International Trade Contracts: Resolve disputes arising from international trade contracts, protecting clients’ interests.
• Objection to Invoices and Current Account Receivables: Manage objection processes to invoices and current account receivables, protect clients’ rights, and evaluate the legal basis of objections.
• Monitoring of Defective Performance Notice and Warning Processes: Monitor necessary notice and warning processes in cases of defective performance, strengthen clients’ legal positions.
• Follow-up of Creditor and Debtor Default Procedures: Initiate necessary legal processes in cases of creditor and debtor defaults, protect clients’ rights.
• Follow-up of Bankruptcy Procedures: Monitor bankruptcy processes, effectively represent clients’ receivables within bankruptcy procedures.
• Purchase and Sale of Commercial Companies: Manage the purchase and sale processes of commercial companies, legally secure clients’ transaction processes.
• Share Transfer Transactions, Company Transfers, and Mergers: Regulate share transfer transactions, manage company transfers and mergers, ensure legal compliance in these complex processes.
• International Arbitration Procedure: Manage international arbitration processes, ensure clients receive effective legal representation in international trade disputes.
• Preparation, Regulation, and Resolution of Partnership Agreements: Prepare, regulate, and resolve disputes arising from partnership agreements.
• Resolution of Negotiable Instrument Law Disputes: Manage disputes related to negotiable instrument law, provide legal protection for clients’ negotiable instrument transactions.
• Preparation and Regulation of Loan Contracts: Prepare, negotiate, and ensure clients’ legal compliance in loan transactions.
• Preparation and Regulation of Leasing Contracts: Regulate leasing contracts, ensure legal protection for clients in leasing transactions.
• E-commerce Law Consultancy: E-commerce lawyers provide consultancy on legal issues related to e-commerce transactions and online platforms, optimizing clients’ online business activities legally under e-commerce law in Turkey.

DUTIES OF INTERNATIONAL COMMERCIAL LAWYER IN TURKEY

An international commercial lawyer in Turkey is responsible for providing legal consultancy to companies operating in the global business environment. In this context, they provide information to clients on international trade law, guiding them through the processes of preparing, interpreting, and negotiating trade contracts and agreements. Additionally, they inform clients about international trade regulations, customs laws, and the requirements of international agreements.

An international commercial lawyer in Turkey is tasked with resolving legal issues encountered by companies in cross-border trade activities. Within this scope, they educate clients on international disputes, legal regulations of the countries they trade with, customs duties, and import/export regulations. They also assist clients in taking necessary measures to warn against potential risks and ensure legal compliance.

Another crucial task of an international commercial lawyer in Turkey is to encourage clients to use alternative dispute resolution methods instead of resorting to litigation for the resolution of legal disputes. Mediation and arbitration, among other alternative dispute resolution mechanisms, are essential tools for the swift and effective resolution of disputes in international trade.

In conclusion, international commercial lawyer in turkey and commercial lease lawyer in Turkey are specialized professionals with a broad legal perspective, ensuring that their clients can conduct cross-border trade activities safely, appropriately, and legally.

DUTIES OF COMMERCIAL LEASE LAWYER IN TURKEY UNDER E-COMMERCE LAW IN TURKEY

Commercial lease lawyer in Turkey have the responsibility of providing legal consultancy on various issues to clients engaged in business in the digitized commerce environment according to e-commerce law in Turkey. Within this scope, they inform clients about legal aspects such as contract and terms of use applicable on online platforms, privacy policies, and consumer rights, and assist in implementing necessary regulations. Additionally, commercial lease lawyer in Turkey guide clients in protecting their digital assets, brand rights, and intellectual property matters, adapting to the complexities of digital commerce.

Another significant duty of a commercial lease lawyer in Turkey under e-commerce law in Turkey is to warn clients about potential legal risks in online commerce and develop strategies to minimize these risks. Particularly in areas such as consumer privacy, data security, and payment transactions, equipping clients with appropriate legal solutions is among the primary responsibilities of an e-commerce lawyer. For detailed information on this topic, you can visit our “Data Protection in Turkey” page.

In conclusion, an e-commerce law in Turkey actively plays a role in ensuring that clients operate securely and in compliance with the law in the digital commerce world, relying on a broad legal knowledge base.

THE IMPORTANCE OF WORKING WITH A BUSINESS LAWYER FOR SMALL BUSINESS IN TURKEY

The necessity of hiring a business lawyer for small business in Turkey arises from the unique characteristics of the science of commercial law. Due to the extensive scope of commercial law, collaboration with a specialized business lawyer for small business in Turkey is essential. In this context, the key benefits of working with a business lawyer for small business in Turkey can be outlined as follows:

1. Broad Scope of Commercial Law: As commercial law is interconnected with various branches of law, collaborating with an expert business lawyer in Turkey in this field is considered crucial for possessing the specific knowledge required.
2. Continuously Evolving Legal Field: Commercial law is a constantly changing field, and having a professional commercial lawyer in Turkey allows for the tracking of updates relevant to the client’s business and adapting to these changes.
3. Management of Legal Disputes: It should be noted that an experienced commercial lawyer in Turkey can assist in managing legal disputes in a proper and legally compliant manner.
4. Experience and Insight: International commercial lawyer in Turkey can provide insight into how a case is likely to progress and guide their clients through the process effectively.
5. Lawsuits Related to Rights Concerning Commercial Operations: It is crucial to recognize that lawsuits related to rights concerning commercial operations fall within the main expertise of a commercial lease lawyer in Turkey, particularly when dealing with issues related to commercial enterprises.

To seek assistance from a business lawyer in Turkey: