Rafet Aslan Law Office delivers strategic representation and durable legal solutions for individuals and companies across advisory, litigation, and arbitration matters.
Rafet Aslan Law Office delivers strategic representation and durable legal solutions for individuals and companies across advisory, litigation, and arbitration matters.
Mediation is a precondition to litigation in labour, commercial and rental disputes. A lawsuit cannot be filed without first applying; if no settlement is reached, the case proceeds to court with the final mediation report.
A notarised power of attorney, an identity document and a photograph are required; special authorities (sale, waiver, etc.) must be stated expressly. Abroad, the procedure can be carried out through a consulate or by apostille.
A strong suspicion of a crime and a risk of flight or tampering with evidence are required; the principle of proportionality applies. It is more commonly applied for catalogue offences.
These are measures applied instead of arrest, such as an obligation to sign in, residence restrictions or a travel ban. If they are breached, they may be converted into arrest.
In a criminal investigation, a lawyer protects your right to remain silent, checks the statement record and objects to procedural irregularities. While in custody you may request a free bar-appointed lawyer, and before giving a statement you may examine the file and take written notes of the questions.
A complaint can be filed with the Competition Authority via e-Government (e-Devlet) or in writing; the infringement and the evidence are summarised. Any request for confidentiality of identity should be stated separately.
Most contracts are subject to ordinary written form; transactions such as the sale of real estate or the transfer of shares may require a notary or official form. Non-compliance with the required form creates a risk of invalidity.
The parties may choose the language they wish; however, a sworn translation may be required if the contract is to be submitted to official authorities. For foreign-language contracts, adding a Turkish translation is advisable to ease interpretation in the event of a dispute.
As a general rule, property acquired before the marriage is considered personal property and is not divided on divorce. However, there are some exceptions:
During the liquidation of the property regime, it is important to separate pre-marriage and post-marriage assets. Claims not supported by documents are difficult to prove.
Urgent steps to take in a case of domestic violence:
Under Law No. 6284, victims of violence are provided with support such as a protection order, shelter and financial assistance. In addition, a restraining order can remove the person committing violence from the home.
The marriage union is a special legal relationship established by marriage that gives rise to rights and obligations between the spouses. Its basic elements are:
A fundamental breakdown of the marriage union is a ground for divorce. For this reason, protecting and maintaining the marriage union is both a legal and a moral obligation.
Yes, a divorce decision can be challenged through the appeal (istinaf) and cassation (temyiz) routes:
The objection periods are strict; if missed, the right is forfeited. Matters that can be challenged include the divorce decision itself and the rulings on custody, alimony, division of property and compensation.
Contact (visitation) is the right of the non-custodial parent to see their child regularly. This right is important for the child's emotional development and is arranged by the court.
The contact arrangement may include:
The arrangement is set according to the child's age and needs and the parties' circumstances. If contact is obstructed, it can be enforced through enforcement proceedings.
Yes, spouses can make a matrimonial property regime agreement before or during the marriage. Such agreements may include:
A property regime agreement must be made before a notary and recorded in the marriage record, or annotated on the land registry. Otherwise it cannot be asserted against third parties.
Steps to take before filing for divorce:
Proper preparation helps the case to be resolved more quickly and in your favour.
Yes, an alimony debt can be collected through enforcement (icra) proceedings. The following measures can be taken against a party who does not pay:
An alimony debt is a priority claim, like a public claim, and is not subject to a statute of limitations.
Yes, there are two types of compensation in divorce cases:
Compensation claims may be brought together with the divorce case or separately. However, there are limitation periods for a compensation claim; it must generally be filed within 1 year.
When the custodial parent wishes to change the child's place of residence, different procedures apply depending on the situation:
Taking the child abroad without the other parent's consent may constitute the offence of child abduction and may lead to international legal proceedings.
For a child born out of wedlock, the rules of paternity apply differently:
A paternity action may be brought by the child or the mother. It must be filed within 1 year of the child's birth. However, if the father acknowledges the child, no time limit applies.
Once the divorce decision becomes final, the woman may return to using her pre-marriage surname. In certain cases, however, a divorced woman may continue to use the surname she used during the marriage:
An application must be made to the civil registry office for the surname change. The procedure is completed with the divorce decision and identity documents.
When determining the amount of alimony, the court assesses various criteria:
The amount is set so as to preserve the parties' living standards, but it must also leave the paying party able to support themselves. It can be changed through an increase or reduction case as circumstances change.
To change custody, a custody-modification case must be filed. Such a case can be brought where the child's best interests require it. Valid grounds for changing custody include:
The court decides with the child's best interests in mind. The child's views are also taken into account.
In divorce cases, fault is assessed according to the gravity of the conduct that has shaken the foundation of the marriage union. Faulty conduct may include:
Fault affects entitlement to alimony and compensation claims. The more-at-fault spouse may not be able to claim poverty alimony.
The liquidation of the matrimonial property regime is the division of assets acquired during the marriage in the event of divorce or death. In marriages subject to the regime of participation in acquired property, the assets acquired during the marriage are shared equally.
During liquidation, the following are taken into account:
The liquidation case may be filed together with the divorce case or separately. The process can be complex, and seeking professional legal advice is recommended.
Under the Turkish Civil Code, there are three types of alimony:
Yes, the child's age is an important factor in a custody decision. For children aged 0–3, custody is generally given to the mother, although this is not an absolute rule. For children over 3, the decision is made with the child's best interests in mind.
In particular, the views of children who have reached the age of 12 are taken into account by the court. However, the child's wish alone is not decisive; the child's education, health and psychological condition and the parents' capacity to care for the child are also assessed. The court places the child's interests above all else.
The length of a divorce case varies according to its type and whether the parties reach agreement. In an uncontested divorce, where the parties agree on all matters, the process moves quite quickly and may be concluded at the first hearing or within a short time. In a contested divorce the process is longer; if no agreement is reached on issues such as custody, alimony and division of property, the case may take between 6 months and 2 years.
What matters is to set the right strategy during the proceedings and to ensure that your legal rights are protected in the best possible way.
The child's best interests, continuity of care, keeping siblings together, the parent's lifestyle and communication skills are all assessed. Pedagogical reports serve a supporting role.
For errors in the notice (place, date, value), a complaint is filed with the enforcement court within the prescribed period. If the notice is not made properly, annulment of the sale can be requested.
A complaint against the attachment report can be filed with the enforcement court within 7 days; grounds may include procedural irregularities, exempt assets or valuation errors.
Once the payment order becomes final, the creditor requests attachment; the enforcement officer records the movable and immovable assets in a report. After valuation, the sale process begins.
An objection to an enforcement payment order must generally be filed within 7 days. It is made in writing to the competent enforcement office or via e-Government (e-Devlet); the period runs from the date of service.
Only the minimum data necessary for the purpose is collected, retention periods are shortened and access roles are narrowed. Unnecessary fields should be removed from forms and systems.
The data controller determines the purpose and means; the data processor carries out technical operations on the controller's behalf. The contract must set out, in writing, security, purpose, duration and instructions.
Under the data-protection law (KVKK), notification to the Board is recommended as soon as possible after a breach is detected, usually within 72 hours. An impact assessment should be carried out and the affected data subjects should also be informed.
It must state the data controller's details, the purpose, the legal basis, any transfers, the retention period and the rights of the data subject. Up-to-date contact and application channels should also be included.
As a rule, the data controller must respond to requests within 30 days. The request must be made in writing, by registered e-mail or through a system, and identity verification must be ensured; the time limit is calculated accordingly.
Termination periods are set according to the type of contract and statutory limits; in service and employment relationships, the statutory minimum periods must be observed. Reasonable and balanced termination terms are advisable.
A penalty clause fixes in advance the amount payable in the event of breach; it must be reasonable and proportionate. Excessive amounts may be reduced by the judge, and clear triggering conditions should be set out.
A non-compete obligation must be limited to a reasonable duration, place and subject matter; an excessive restriction may be deemed invalid. In employment contracts, a compensation arrangement may also be required.
The cliff is the minimum period before vesting begins; those who leave before it ends do not acquire any rights. It is usually set at 6–12 months.
An ESOP motivates employees by granting them shares or options. The vesting schedule, buy-back rights and tax implications should be defined from the outset.
The name should include terms reflecting the company type and field of activity and must not be confused with previously registered similar names. A MERSİS query and a trademark search before registration are recommended.
Vesting means that shares or options are earned over time; it prevents the loss of shares in the event of early departure. The cliff period and the overall vesting schedule play a critical role in balancing the founding team.
If a neighbouring construction is causing damage to your building, the steps to take are:
Under the Zoning Law and Condominium Law No. 634, construction must be carried out at a safe distance and must respect neighbours' rights. Unlawful construction can be halted.
Construction servitude (kat irtifakı) is the separate registration in the land registry of the independent units of a building whose construction is not yet completed. It facilitates the sale and purchase of properties still under construction.
Stages of establishment:
Once the building is completed, the servitude is converted into condominium ownership (kat mülkiyeti), which requires an occupancy permit (iskan).
A tenant is entitled to recover the deposit (rental security) when the lease ends. If the landlord refuses to return it:
The deposit may be set off against the tenant's obligations such as unpaid rent or compensation for damage. However, the landlord must prove the amount deducted; deductions without supporting documents are not allowed.
A title deed cancellation and registration (tapu iptal ve tescil) lawsuit is an action filed to establish that an entry in the land registry is unlawful and to have it corrected. It may be brought in cases such as:
The case is filed before the civil court of first instance (asliye hukuk mahkemesi) where the property is located. The duration of the proceedings varies with the complexity of the file.
A landlord may evict a tenant before the lease term ends only in limited cases. Under the Turkish Code of Obligations No. 6098, the landlord may terminate the lease in the following situations:
Termination must be carried out through a notary notice or by court action. Unlawful eviction attempts are prohibited.
Adaptation requires either an agreement between the parties or a court decision; excessive hardship in performance and extraordinary increases may be grounds for it. A written supplementary protocol should be drawn up.
First, send a formal notice and gather evidence; if there is a defect, obtain a determination of evidence (tespit). Where mediation is mandatory, file an application; if no result is reached, court proceedings begin.
For residential leases a statutory ceiling and the CPI (TÜFE) limit apply; excessive clauses to the contrary may be invalid. In commercial leases there is wider freedom of contract, but the rule of good faith still applies.
Litigation or arbitration is chosen according to the parties' locations, the need for commercial speed and confidentiality, and the ease of enforcement. Jurisdiction, choice of law and language should be set out expressly.
Commercial, technical and international disputes are suitable for arbitration; in some areas, such as family and consumer matters, there are limits. The arbitration clause must be expressly stated in the contract.
It offers speed, confidentiality, expert arbitrators and ease of international recognition. With its flexibility in evidence and procedure, it is preferred in commercial disputes.
Arbitration is the resolution of a dispute by the parties before an arbitrator under a private procedure; it offers advantages of speed, confidentiality and expertise. It is often preferred in international contracts because of the ease of recognition and enforcement.
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