Question 1

What should I bring to the first meeting?

Accepted Answer

To make the meeting productive, it is helpful to bring your identity document and all documents related to the matter (such as contracts, title deeds, invoices, receipts, correspondence, notifications from courts or enforcement offices, decisions and official reports). It is also important to write down the events in chronological order and to note the dates on which any documents were served on you. In many legal proceedings, time limits run from the date of service, so this information may be decisive in avoiding the loss of rights.

Question 2

How are attorney fees determined?

Accepted Answer

Attorney fees are set by a fee agreement between the attorney and the client, taking into account the nature and scope of the work and the effort and time it requires. Under Article 164 of the Attorneys' Act No. 1136, the fee may not be agreed below the Minimum Attorney Fee Tariff published annually by the Union of Turkish Bar Associations. Where the fee is set as a percentage of the value of the claim or of the amount to be awarded, the percentage may not exceed twenty-five per cent. Court costs such as fees, service of documents, expert and witness expenses are separate from the attorney fee. Fees and expenses are stated clearly at the meeting and in the written fee agreement.

Question 3

How can I contact the office?

Accepted Answer

You can reach the office by phone or email using the details on the Contact page, or by filling in the contact form. To request an in-person, phone or online meeting, you can view available days and times on the Appointment page; the office will get back to you after reviewing your request. The forms are intended for initial contact only; please do not share special categories of personal data such as health information at this stage.

Question 4

How long does a lawsuit take?

Accepted Answer

It is not possible to say in advance exactly how long a case will take. The duration varies considerably depending on the type of case, the court's workload, how long service of documents takes, evidence-gathering steps such as hearing witnesses, site inspections and expert examinations, and whether the decision goes through appeal stages. Although the Ministry of Justice has set "target durations" for different types of cases, these are not binding and may differ in a given case. At the meeting, general information is provided on the likely stages based on the specifics of your file.

Question 5

What must a statement of claim contain?

Accepted Answer

Under Article 119 of the Code of Civil Procedure, a statement of claim must include: the name of the court; the names, surnames and addresses of the parties; the claimant's Turkish ID number; details of any legal representative and attorney; the subject of the claim and, in claims concerning property rights, its value; numbered, clear summaries of the facts on which the claim is based; the evidence by which each fact will be proved; the legal grounds relied on; a clear statement of the relief sought; and a signature. If some of these elements are missing, the judge grants a one-week final period to remedy the defect; otherwise the case is deemed not to have been filed. Failing to specify evidence in the statement may also limit the ability to submit evidence later. Careful drafting is therefore essential.

Question 6

What happens if the other party does not attend the hearing?

Accepted Answer

Under Article 150 of the Code of Civil Procedure, if one of the duly summoned parties attends the hearing and the other does not, the proceedings continue in the absent party's absence or the file is set aside, at the request of the party present. A party who fails to attend without a valid excuse cannot object to steps taken in their absence. If neither party attends, the file is set aside, and a case not renewed within three months is deemed not to have been filed. Different rules apply in criminal and administrative proceedings.

Question 7

If I win, can I recover costs and attorney fees from the other party?

Accepted Answer

Under Article 326 of the Code of Civil Procedure, court costs are, as a rule, imposed on the losing party; where each party is partly successful, costs are apportioned accordingly. The successful party may claim the fees and expenses paid from the other party on the basis of the court decision, and if they are not paid, enforcement proceedings may be initiated. The attorney fee that the court awards against the other party under the tariff belongs to the attorney under Article 164 of the Attorneys' Act and is separate from the fee agreed between client and attorney. Actual recovery also depends on the other party's ability to pay.

Question 8

Will the judge or court staff advise me on my case?

Accepted Answer

Because of the principle of impartiality, a judge cannot give legal advice to either party or guide them on case strategy. The judge may ask the parties to clarify matters that appear unclear or contradictory, but this does not amount to advising either party. Court registry staff can provide information on administrative matters such as the status of the file and fees, but they do not advise on what claims to make or which evidence to rely on. Obtaining legal support at the outset is important to avoid losing rights.

Question 9

My attorney speaks only briefly at hearings; does this harm my case?

Accepted Answer

In civil proceedings, claims and defences are put forward mainly in written submissions. The facts, evidence and legal grounds are set out at the written stage, while hearings are mostly used for procedural steps such as hearing witnesses, responding to expert reports and complying with interim orders. The court's decision rests on the evidence in the file and the legal assessment; speaking at length at a hearing does not by itself influence the outcome. What matters is that the necessary submissions are made on time and in full. You can always ask your attorney about the status of your file.

Question 10

How do I grant a power of attorney to a lawyer?

Accepted Answer

A power of attorney is granted by applying in person to any notary public in Türkiye with your identity document (Turkish ID card or valid passport). The attorney's name, bar association and registration number, and office address are stated at the notary; you can find this information on the Power of Attorney Information page. For companies, the power of attorney is granted by the person authorised to represent the company, together with the signature circular. Those abroad can have it drawn up at a Turkish consulate, or before a local notary with an apostille. A copy of the power of attorney should be sent to the office so that work can begin.

Question 11

Which powers should the power of attorney include?

Accepted Answer

A general litigation power of attorney contains the general powers needed for the attorney to file and pursue cases. However, under Article 74 of the Code of Civil Procedure, certain acts require express authority in the power of attorney, such as settling, waiving the claim or appeal rights, accepting the claim, releasing the other party, challenging the judge, tendering an oath, appointing a substitute attorney, entering into an arbitration agreement and resorting to alternative dispute resolution. For cases concerning strictly personal rights, such as divorce, the power of attorney must also expressly state the case for which authority is given. It is therefore advisable to determine the appropriate powers before the power of attorney is drawn up.

Question 12

What is an apostille, and how can foreign documents be used in Türkiye?

Accepted Answer

For an official document issued in one country (such as a power of attorney, birth certificate, diploma or court decision) to be used in another country, it must be certified. Between states party to the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents, this certification is made by an "apostille" issued by the competent authority of the country where the document was issued; consular legalisation is not required. For documents issued in Türkiye, the apostille is issued, depending on the type of document, by governorships and district governorships or by the justice commission presidencies of the judicial courts. If the country where the document will be used is not a party to the Convention, legalisation through that country's consulate is required. Documents in a foreign language usually also need a notarised Turkish translation to be used in Türkiye.

Question 13

Which disputes are subject to mandatory mediation?

Accepted Answer

For certain disputes specified by law, applying to a mediator before filing a lawsuit is a precondition for bringing the case. These include employment-related receivables and compensation and reinstatement claims, commercial cases concerning payment of a sum of money, consumer disputes above certain monetary thresholds, and some disputes arising from leases, partition of co-ownership, condominium ownership and neighbour law. If a case is filed without first applying to a mediator, it is dismissed on procedural grounds. Whether your dispute is subject to mandatory mediation should be assessed according to the nature of the claim.

Question 14

What happens if an agreement is reached in mediation?

Accepted Answer

Under Article 18 of the Law No. 6325 on Mediation in Civil Disputes, an agreement reached at the end of mediation is recorded in an agreement document signed by the parties and the mediator. The parties may ask the court for an annotation of enforceability; an agreement bearing this annotation has the status of a court judgment. Except where the law requires an annotation, an agreement document signed jointly by the parties, their attorneys and the mediator (in commercial disputes, by the attorneys and the mediator) has the status of a judgment without the need for an annotation. The parties cannot bring a lawsuit on the matters agreed.

Question 15

Are mediation sessions confidential?

Accepted Answer

Yes. Unless the parties agree otherwise, the mediator, the parties and other participants must keep confidential the information and documents presented or obtained during mediation. Offers made and points accepted during mediation cannot, save for statutory exceptions, be used as evidence in subsequent proceedings. This confidentiality allows the parties to explore solutions more freely.

Question 16

What is the time limit for filing an administrative lawsuit?

Accepted Answer

Under Article 7 of the Administrative Procedure Law No. 2577, unless a special law provides otherwise, the time limit for filing a lawsuit is sixty days before the Council of State and administrative courts and thirty days before tax courts. As a rule, the period starts on the day after the administrative act is notified in writing. Some special laws provide shorter periods, and these time limits are preclusive. Applying to the administration within the filing period for the act to be withdrawn or amended suspends the running period. Keeping a record of the date of notification is therefore important.

Question 17

What is the time limit for an individual application to the Constitutional Court?

Accepted Answer

Under Article 47 of Law No. 6216, an individual application must be made within thirty days from the exhaustion of legal remedies or, where no remedy exists, from the date the violation became known. Those unable to apply in time for a valid reason may apply within fifteen days after the reason ceases, with supporting evidence. Individual applications are subject to a fee. The application form must clearly state the right allegedly violated, the grounds for the violation and the stages of exhausting remedies, and the relevant decisions and documents must be attached.

Question 18

What is the time limit for applying to the European Court of Human Rights?

Accepted Answer

Protocol No. 15 to the European Convention on Human Rights reduced the time limit for applications from six months to four months. The change applies to final domestic decisions taken on or after 1 February 2022. As a rule, the period runs from the date on which the final domestic decision exhausting remedies became known. As regards Türkiye, an individual application to the Constitutional Court is generally regarded as an effective domestic remedy that must be exhausted, so in most cases that remedy must be used before applying to the European Court of Human Rights.

Question 19

What are the requirements for an uncontested divorce?

Accepted Answer

Under Article 166/3 of the Turkish Civil Code, an uncontested divorce requires that the marriage has lasted at least one year and that the spouses apply to court jointly or one spouse accepts the other's claim. The judge must hear the parties in person, be satisfied that they have expressed their will freely, and approve the arrangement (protocol) on the financial consequences of the divorce and the situation of the children. Setting out maintenance, custody, personal relations with the children, compensation and division of property clearly and enforceably in the protocol prevents new disputes later on.

Question 20

Is there a time limit for claiming maintenance or compensation after divorce?

Accepted Answer

Yes. Under Article 178 of the Turkish Civil Code, claims arising from the termination of marriage by divorce become time-barred one year after the divorce judgment becomes final. Claims for pecuniary and non-pecuniary damages and poverty maintenance should therefore be raised within the divorce case where possible, or otherwise within one year of the judgment becoming final. Claims relating to the liquidation of the matrimonial property regime may be subject to different time limits and should be assessed separately.

Question 21

Has unlimited-term maintenance been abolished?

Accepted Answer

The Constitutional Court annulled the rule in Article 175 of the Turkish Civil Code that allowed poverty maintenance to be awarded without a time limit. The annulment will take effect on 30.06.2027; the legislature is expected to adopt a new provision before that date. Until the annulment takes effect, the existing provision continues to apply. Since the content of the new regulation may affect both new cases and existing maintenance awards, it is important to follow developments and assess each case individually. You can find more detailed information in our article in the Publications section.

Question 22

How long do I have to disclaim an inheritance?

Accepted Answer

Under Article 606 of the Turkish Civil Code, an inheritance may be disclaimed within three months. For statutory heirs, the period starts from the date they learned of the death, unless it is proven that they learned of their status as heir later; for heirs appointed by will, it starts from the date the disposition was officially notified to them. The disclaimer is made before the civil court of peace. It is particularly important not to miss this period where the estate may be in debt.

Question 23

Is mediation mandatory before filing an action for partition of co-owned property?

Accepted Answer

Yes. Under Article 18/B of Mediation Law No. 6325, added by Law No. 7445, applying to a mediator before filing suit is a precondition in disputes concerning the division of movable and immovable property and the termination of co-ownership. If an agreement is reached in mediation, an enforceability annotation must be obtained for agreements concerning immovables from the civil court of peace where the property is located.

Question 24

I have been dismissed; how quickly do I need to act?

Accepted Answer

If you are eligible to claim reinstatement (at least six months' seniority, an indefinite-term contract and a workplace with thirty or more employees), you must apply to a mediator within one month of service of the termination notice. If no agreement is reached, a lawsuit may be filed before the labour court within two weeks of the final mediation report (Labour Law Art. 20). These periods are strict. Applying to a mediator before filing suit is also mandatory for claims such as severance pay, notice pay, wages and overtime, although these claims are subject to longer limitation periods.

Question 25

When is an employee entitled to severance pay?

Accepted Answer

Under Article 14 of former Labour Law No. 1475, which remains in force, entitlement to severance pay requires at least one year of service with the same employer and termination of the employment contract in one of the ways listed in the law. The main cases are: termination by the employer for reasons other than conduct contrary to morality and good faith, termination by the employee for just cause, compulsory military service, fulfilment of the conditions for a retirement or old-age pension, resignation by a female employee within one year of marriage, and the employee's death. An employee who resigns voluntarily without just cause is, as a rule, not entitled to severance pay.

Question 26

When do employee receivables become time-barred?

Accepted Answer

Under Additional Article 3 of the Labour Law, the limitation period for severance pay, notice pay, bad-faith compensation, compensation for breach of equal treatment and annual leave pay is five years. Receivables such as wages and overtime pay are also, as a rule, subject to a five-year limitation period under the Turkish Code of Obligations. As the limitation period may start from different dates depending on the type of claim, it is advisable to obtain a legal assessment promptly after the employment contract ends.

Question 27

I have been summoned by the police or prosecutor to give a statement; what are my rights?

Accepted Answer

Under Article 147 of the Code of Criminal Procedure, a suspect giving a statement must be informed of the accusation, of the right to choose defence counsel and benefit from their legal assistance, and that counsel will be appointed by the bar association upon request if the suspect cannot appoint one. The suspect has the right to remain silent regarding the accusation and may request the collection of specific evidence to clear the suspicion. Since the statement may directly affect the subsequent proceedings, it is important to consult a lawyer beforehand and to attend accompanied by defence counsel.

Question 28

Is there a time limit for filing a criminal complaint?

Accepted Answer

For offences prosecuted only upon complaint (such as simple intentional injury, insult and certain forms of threat), the complaint period is six months from the date the act and the perpetrator became known. No investigation can be conducted on a complaint filed after this period. For offences not subject to complaint, the prosecutor initiates an investigation ex officio upon learning of the offence; for these offences, prosecution limitation periods that vary by type of offence apply.

Question 29

What is victim-offender mediation (uzlaştırma) in criminal cases?

Accepted Answer

Victim-offender mediation is an attempt by the suspect and the victim to reach agreement through an impartial mediator for the offences listed in the law. Offences prosecuted upon complaint and offences such as certain forms of intentional injury, threat, violation of domicile, theft and fraud fall within its scope (Code of Criminal Procedure Art. 253). Mediation is not available for offences against sexual integrity, stalking and insult. If no answer is given to a mediation offer within seven days, it is deemed rejected. If mediation succeeds and the agreed performance is fulfilled, a decision of non-prosecution is issued.

Question 30

What can be done against a pre-trial detention order?

Accepted Answer

An objection may be filed against a detention order issued by the criminal judgeship of peace; it is examined by the judge of the criminal court of first instance within that jurisdiction (Code of Criminal Procedure Art. 268). Where the law does not provide otherwise, the objection period is two weeks from learning of the decision. In addition, the suspect or accused may request release at any stage of the investigation and trial, and continued detention is reviewed ex officio at regular intervals. A request to apply judicial control measures instead of detention should also be considered.

Question 31

What is the maximum permitted rent increase?

Accepted Answer

Under Article 344 of the Turkish Code of Obligations, agreements on the rent for renewed lease periods are valid provided that the increase does not exceed the change in the twelve-month average of the consumer price index (CPI) for the previous lease year. If the parties cannot agree, the judge determines the rent within the same limit. For leases lasting longer than five years or renewed after five years, the new rent may be determined equitably by the judge, taking into account the CPI change, the condition of the property and comparable rents (rent determination action).

Question 32

Can the landlord evict me just because the lease term has expired?

Accepted Answer

No. In leases of residential and covered business premises, unless the tenant gives notice at least fifteen days before the end of a fixed-term lease, the lease is deemed extended for one year on the same terms; the landlord cannot terminate it merely because the term has expired. However, after a ten-year extension period, the landlord may terminate without giving reasons by notifying the tenant at least three months before the end of each extension year (Turkish Code of Obligations Art. 347). Apart from this, the landlord may seek eviction on the grounds listed in the law, observing the statutory time limits: genuine need of the property for the landlord or their relatives, the need for reconstruction or major renovation, a written undertaking by the tenant to vacate, or two justified written warnings for unpaid rent.

Question 33

What can a landlord do if the rent is not paid?

Accepted Answer

If the tenant fails to pay rent that has fallen due, the landlord may give the tenant a period in writing and state that the lease will be terminated if payment is not made within it. For residential and covered business premises, this period must be at least thirty days (Turkish Code of Obligations Art. 315). If payment is not made in time, eviction may be pursued through enforcement proceedings or a lawsuit. In addition, if the tenant has caused two justified written warnings for unpaid rent within a lease year, the landlord may terminate the lease by filing suit within one month of the end of that lease year (Art. 352).

Question 34

Is mediation mandatory in lease disputes?

Accepted Answer

Yes. Under Article 18/B of Law No. 6325, added by Law No. 7445, applying to a mediator before filing suit is a precondition in disputes arising from lease relationships (such as rent determination, rent receivables and eviction actions), except for eviction through enforcement proceedings without judgment. Disputes arising from condominium ownership and neighbour law are also covered by the same provision.

Question 35

I have received a payment order from an enforcement office; what should I do?

Accepted Answer

First, note the date of service. In enforcement without judgment, any objection to the debt or the signature must be filed with the enforcement office within seven days of service of the payment order (Enforcement and Bankruptcy Law Art. 62). If no objection is made, the enforcement becomes final and may proceed to attachment. If the enforcement is based on a negotiable instrument such as a cheque or promissory note, the period is shorter: objections to the debt or the signature and complaints must be filed with the enforcement court within five days (Art. 168). The grounds of the objection, and in a partial objection the disputed amount, must be stated clearly.

Question 36

Enforcement was started for a debt I do not owe, or I have already paid it; what can I do?

Accepted Answer

A debtor may file a negative declaratory action before or during enforcement to prove that no debt exists. In an action filed before enforcement, the court may grant an interim injunction staying the enforcement against security of at least fifteen percent of the claim. A person who was forced to pay a sum not owed may file an action for restitution within one year of payment (Enforcement and Bankruptcy Law Art. 72). In commercial disputes, applying to a mediator first is required for these actions.

Question 37

Can I return a product I bought online?

Accepted Answer

In distance contracts, the consumer has the right to withdraw within fourteen days without giving any reason and without paying a penalty. It is sufficient to send the withdrawal notice to the seller within this period (Law No. 6502 Art. 48). If the consumer was not properly informed about the right of withdrawal, they are not bound by the fourteen-day period; however, this period ends in any event one year after the end of the withdrawal period. Certain goods and services, such as products made to the consumer's specifications, are excluded from the right of withdrawal by regulation.

Question 38

The product I bought is defective; what are my rights?

Accepted Answer

Where goods are defective, the consumer may choose one of the following: withdrawal from the contract, a price reduction proportionate to the defect, free repair, or replacement with a defect-free equivalent where possible; the seller must comply with the consumer's choice (Law No. 6502 Art. 11). Free repair or replacement must be carried out within thirty working days at most, or sixty working days for residential and holiday properties. Liability for defective goods is subject to a two-year limitation period from delivery, even if the defect appears later, and five years for residential or holiday properties. The limitation period does not apply if the defect was concealed through gross negligence or fraud (Art. 12).

Question 39

Should I apply to the consumer arbitration committee or the consumer court?

Accepted Answer

This depends on the value of the dispute. For disputes below the monetary threshold set by law, applying to the consumer arbitration committee is mandatory; disputes above that threshold cannot be brought before the committee (Law No. 6502 Art. 68). The threshold is updated at the beginning of each calendar year by the revaluation rate. For disputes above the threshold, applying to a mediator before filing suit before the consumer court is, as a rule, a precondition (Art. 73/A). Applications may be made to the committee at the consumer's place of residence or where the transaction took place.

Frequently Asked Questions

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Inheritance Law

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