The formation, effects and termination of contracts are governed by the Turkish Code of Obligations (Law No. 6098); rules specific to commercial matters are governed by the Turkish Commercial Code (Law No. 6102). The parties may agree on the law applicable to the contract, the competent court, or the resolution of disputes by arbitration. For commercial receivables and compensation claims concerning the payment of a sum of money, applying to a mediator before filing a lawsuit is a precondition to suit under Article 5/A of the Turkish Commercial Code. The International Arbitration Law (Law No. 4686) applies to disputes involving a foreign element where the seat of arbitration is Türkiye, or where the parties or the arbitrator(s) have chosen this Law.
Commercial law
Commercial law governs the activities of merchants, companies and the rules specific to commercial matters. The most common company types in Türkiye are the joint-stock company and the limited liability company; their formation and the relations between shareholders are subject to the Turkish Commercial Code. Negotiable instruments such as cheques and promissory notes are regulated both in that Code and in the Cheque Law (Law No. 5941). In commercial cases concerning the payment of a sum of money, applying to a mediator before filing a lawsuit is mandatory. For companies in financial difficulty, concordat (composition with creditors) is regulated by the Enforcement and Bankruptcy Law (Law No. 2004).
- Joint-stock and limited liability companies
- Share transfers and general meetings
- Negotiable instruments: cheques and promissory notes
- Mediation in commercial cases
- Concordat (composition with creditors)
Consumer law
Consumer law governs the relationship between a person who acquires goods or services for non-commercial purposes and the seller or provider. A consumer who buys defective goods may choose to withdraw from the contract, request a price reduction, free repair or replacement of the goods. In distance sales, for example online purchases, there is as a rule a 14-day right of withdrawal. Disputes below an amount updated every year are referred to consumer arbitration committees; before filing a lawsuit in the consumer court, applying to a mediator is also generally required.
- Defective goods and services
- Distance sales and the right of withdrawal
- Subscription and instalment sale contracts
- Consumer arbitration committees
- Mediation in consumer disputes
Construction law
Construction law covers contracts for the construction of buildings and the public-law rules that apply to that process. The relationship between a contractor and the employer is usually a contract for work under the Turkish Code of Obligations (Law No. 6098). A construction contract in exchange for land share must be executed in official form before a notary, since it includes a promise to transfer real property. Building permits and inspection are governed by the Zoning Law (Law No. 3194) and the Law on Building Inspection (Law No. 4708), and the transformation of buildings at risk by Law No. 6306.
- Contract for work
- Construction contract in exchange for land share
- Building permit and occupancy permit
- Defective construction and the contractor's liability
- Urban transformation
Employment law
Employment law governs the formation of the employment contract, working conditions and the termination of the contract. For claims such as severance pay, notice pay, overtime pay and annual leave pay, applying to a mediator before filing a lawsuit is mandatory under the Labour Courts Law (Law No. 7036). In workplaces employing thirty or more workers, an employee with at least six months' seniority whose employment contract is terminated without a valid reason may seek reinstatement; for this, a mediator must be applied to within one month of the notice of termination.
- Types of employment contracts
- Severance pay and notice pay
- Reinstatement
- Overtime and annual leave
- Occupational accidents and occupational diseases
- Mediation in employment disputes
Administrative law
Administrative law governs the organisation and functioning of public authorities and their relations with individuals. An action for annulment may be brought to set aside an unlawful administrative act, and a full remedy action to recover damage suffered as a result of an act or action of the administration. Unless a special time limit is provided, the time limit for filing an action is 60 days before administrative courts and 30 days before tax courts, running from the notification of the act.
- Actions for annulment and full remedy actions
- Time limits for filing actions
- Stay of execution
- Administrative fines
- Expropriation and zoning acts
Criminal law
Criminal law determines which acts constitute offences, the sanctions applicable to them and the rules of the proceedings. Suspects and defendants have the right to remain silent, to the assistance of defence counsel and to request the collection of evidence. For certain offences, an investigation is initiated only upon a complaint, which must be filed within six months of learning of the act and the perpetrator. For certain offences listed in the law, the parties may settle through reconciliation.
- Investigation and prosecution stages
- Rights of suspects and defendants
- Complaint and the time limit for complaints
- Reconciliation
- Legal remedies: objection, appeal and appeal on points of law
This text is for general information purposes only; it is not legal advice.