KARADAYI LAW OFFICE (“KLO”) renders services to local and multi-national KLO is merely specialized in bankruptcy, commercial disputes, enforcement and real property law.
KLO also offers it clients day-to-day business advise, contract review, mortgage establishment.
LEGAL BASIS
In accordance with the Law no. 6302 enacted on May 18, 2012, Article 35 amended, the reciprocity requirement in the Land Registry Law No. 2644 was abolished. Reciprocity means that the ability of a citizen of a state to enjoy certain rights in a foreign state depends on the foreign citizens in question benefit from the same rights in the state where the person is a citizen. In short, formerly when the citizen of a foreign country came to Turkey, they used to be able to benefit from the rights enjoyed by Turkish citizens in their own country.
With the abolition of the reciprocity requirement, natural persons of foreign nationality can acquire all kinds of immovable properties in our country, provided that the legal restrictions are complied with. Natural persons of foreign origin, who are allowed to acquire, may acquire any real estate in areas where private property is allowed (residence, workplace, land, field etc.).
FORM OF THE CONTRACT
According to the laws in force in Turkey, contracts ensuring the transfer of real estate ownership are only valid after signing the formal deed and registration by the land registry directorates only. It is possible to sign a “preliminary sales contract” for sale of real estate in the presence of a notary before the official sale, but it is not possible to acquire ownership with these sales promises or externally signed sales contracts.
LEGAL RESTRICTIONS
FOREIGN LEGAL PERSONS
According to the Land Registry Law No. 2644 Article 35, foreign legal entities cannot acquire real estate in Turkey, but can obtain the easement or right of usage under specific provisions of law accordance with existing practice. Legal persons (such as foundations, associations) other than foreign trade companies cannot acquire real estate or cannot establish limited real rights in their favor.
One of the most important developments in Turkey’s legal world has been experienced. With the enactment of the Code of Labor Courts, the MANDATORY MEDIATION period has begun.
1-MEDIATION :
With the adoption of the Draft Law on Labor Courts, which regulates the procedures of establishment, duties, powers and proceedings of the labor courts in the General Assembly of the Grand National Assembly of Turkey; for an employer or employer based on an individual or collective labor contract it becomes compulsory to apply for mediation before filing a claim for compensation and return to work.
Conditions in which the mediation condition is not sought;
The mediation condition shall not be sought about the pecuniary and non-pecuniary damages arising from the Work Accident and Occupational Disease and any counterclaims related thereto.
What kind of path will be followed;
The plaintiff has to file a case with the original or the mediator-approved copy of the last record of the disagreement at the end of the mediation activity. If this is not done, the court will send an invitation to the plaintiff with a warning that the last minute must be presented to the court within the definite period of one week, otherwise the case will be rejected because of procedural requirement. If the plaintiff does not fulfill the request, the case will be declined for the absence of procedural requirement. If it is understood that a case has been filed without consulting the mediator, the proceedings will be rejected without due process because of the absence of procedural requirement.
The mediator must conclude the application made within three weeks from the date on which it is commissioned. This period may be extended by the mediator for a maximum of one week in extreme cases. From the time of application to the mediation office until the end of the last month, the statute of limitations shall cease and the period of disqualification shall cease.
2-STATUTE OF LIMITATION FOR THE SEVERANCE PAYMENT
The second important change brought about by the said law is the retention of the statute of limitations in the cases to be filed for the severance indemnity receipt by 5 years from 10 years. For that time-out period, it is necessary to indicate that the termination date is subject to termination after the date on which the law has entered into force and that it will not affect previously terminated service contracts.
Conditions in which the mediation condition is not sought;
The mediation condition shall not be sought about the pecuniary and non-pecuniary damages arising from the Work Accident and Occupational Disease and any counterclaims related thereto.
What kind of path will be followed;
The plaintiff has to file a case with the original or the mediator-approved copy of the last record of the disagreement at the end of the mediation activity. If this is not done, the court will send an invitation to the plaintiff with a warning that the last minute must be presented to the court within the definite period of one week, otherwise the case will be rejected because of the procedural requirement. If the plaintiff does not fulfill the request, the case will be declined against for the procedural requirement. If it is understood that a case has been filed without consulting the mediator, the proceedings will be rejected without due process because of the absence of the procedural requirement.
The mediator must conclude the application made within three weeks from the date on which it is commissioned. This period may be extended by the mediator for a maximum of one week in extreme cases. From the time of application to the mediation office until the last record drafted, the statute of limitations shall cease and the period of disqualification shall cease.
The Karadayı Law and Mediation Firm will continue to expand its services as a solution partner in this new period of effective use of the Mediation as an intermediary.
It will focus solely on professional help for all Mediation and Counseling services, not just for this compulsory Mediation.
We hope that the legal amendment of this revolution will be good for our whole legal community and our country especially, Mr. Hakan ÖZTATAR, our Chairman Mediation, who believes in the mediation,
KARADAYI LAW AND MEDIATION OFFICE
Our law office’s Legal Trainees attended the Second Council of Shopping Centers Legal Symposium which organized by MGC legal and Council of Shopping Centers-Turkey .They were trained by professors and lawyers about Commercial Real Estate Lease all day.
Ozgen Karadayı who is the founder partner of our law office got the first place and won the gold medal with his idea in the contest which FU Immovable Investment Consultancy Co. organize between their all contractual lawyers in Turkey and called “Best Idea Contest “
In May 2014 Att.Özgen KARADAYI as a representative of our law office attended the International Seed Industry Workshop which was organised by TURKTED in Ankara.
In April 2014 Att.Murat ATEŞ as a representative of our law office attended the 12 . Quality&Achievemnet Symposium which was held by the Turkish Quality Association Of Bursa Branch
In February 2014, our law firm was represented by Att.Özgen KARADAYI in the seminar which was held by FU Real Estate Property Firm in Antalya
In May 2014,Att.Hande ÇAKICI &Att.Mehmet Ali KOÇ as representatives of our law office attended the conference about the cases and issues in Consumer Courts
