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THE PROVISIONS THAT HAS BEEN POSTPONED OF THE RENTAL AGREEMENT

Küçükislamoglu Partners | December 4, 2020

Introduction In the Turkish Code of Obligations No. 6098, the entry into force of some provisions related to workplace rental agreements in which the tenant is a merchant or legal person has been postponed for eight years. Articles 323, 325, 331, 340, 342, 343, 344, 346 and 354 of the Turkish Code of Obligations, that …

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AMENDMENTS IN THE LAW OF THE PROTECTION OF COMPETITION ON 24.06.2020

Küçükislamoglu Partners | December 4, 2020

As it is known, some amendments have been made in the Law No. 4054 on the Protection of Competition with the law, which was published in the Official Gazette No. 31165 on 24.06.20. In this context, it is necessary to examine the important subjects that are regulated. Because, although the market’s freedom is indispensable, it …

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Capital Markets Board of Turkey Amends the Communiqué on Principles of Venture Capital Investment Funds

Moroglu Arseven | December 3, 2020

Capital Markets Board of Turkey has made amendments on several issues regarding venture capital funds, including new rules on activities of fund, representation of the fund, principles on investment companies and venture capital investments and new requirements for public disclosures, with the Communiqué numbered III-52.4.b on Amendment of the Communiqué on Principles of Venture Capital …

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Turkish Constitutional Court: Imposing a Preliminary Injuction for an Unreasonable Time Violates the right to property.

Moroglu Arseven | December 3, 2020

Turkish Constitutional Court recently ruled that imposing a preliminary injunction on the applicant’s immovable property for 19 years violates the right to property. The decision relates to an application in which the applicant alleged a violation of the property right due to the imposition of a preliminary injunction for an unreasonable length of time in …

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TITCK Updates the Guideline regarding the Regulation on the Sale, Advertising and Promotion of Medical Devices

Moroglu Arseven | December 3, 2020

Turkish Medicine and Medical Devices Office (“TITCK”) has updated Guideline (“Guideline”) regarding the Regulation on the Sale, Advertising and Promotion of Medical Devices  (“Regulation”) on 20 October 2020 and introduced new provisions regarding the process of examination of the candidates and providing of compliance certificates of applicants which are sent by e-mail shall be provided …

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Turkish Constitutional Court: In Correction Requests Regarding Declaration-based Taxes Miscalculated

Moroglu Arseven | December 3, 2020

Turkish Constitutional Court, ruled that the dismissal decision adopted by the first degree court rendered due expiry of the time period of application commencing from tax payment date in correction requests for declaration-based taxes miscalculated due to the applicant’s error, constitutes a violation of the right of access to courts which is an integral part …

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Turkish Constitutional Court: Turkish Counsel of State’s Failure of Unification of Discrepancies Between Precedents in Tax Litigation

Moroglu Arseven | December 3, 2020

Turkish Constitutional Court ruled that the applicant’s right to fair trial is violated due to Turkish Counsel of State’s failure to unify discrepancies between precedents in tax litigation in a reasonable time. In the present case, Tax administration requested applicant to submit his legal books and documents for the calendar years 2008, 2009, 2010 for …

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Infrastructure gap: Some comments from the real estate sector to help reduce it

Rubio Leguía Normand | December 3, 2020

In Peru, the ongoing Pandemic has made more evident the great deficit in infrastructure in the various public services: transportation, energy, telecommunications, health, water and sanitation, water infrastructure and education. Our infrastructure development is lagging behind regional peers and even more so with OECD countries. We rank 85th out of 137 countries on the Infrastructure …

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The Law on Restructuring of Certain Receivables and Amending Certain Laws Is Published

Moroglu Arseven | December 2, 2020

The Law on Restructuring of Certain Receivables and Amendment of Certain Laws (“Law”) was published in the Official Gazette dated 17 November 2020 and numbered 31307.

The Constitutional Court Decision Evaluating the Expert Report’s Positive Proof Qualification upon

Moroglu Arseven | December 2, 2020

Turkish Constitutional Court has recently published its decision in which it evaluated the expert report’s positive proof qualification upon the finalization of the court decision. As a result, the court decided that the acceptance of the objection to the expert report in the appeal process breaches the proprietary right of the applicant, since the report …

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