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Transportation and Logistics

Transportation and logistics industry is one of the most dynamic sectors in Turkey due to globalization and its strategic location….
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Intellectual and Industrial Property Law

Intellectual and industrial properties along with technology services are tremendously valuable to all kinds…
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International Investment and Project Development Law

Turkey’s economy and policies transformed the country into one of the major recipients of FDI in its region and also according to the OECD;…
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Commercial and Contracts Law

Without legal assistance, high value commercial contracts can be easily turn against companies and cause loss of profits. Regardless of the contract’s value, our law firm…
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Real Estate and Rental Law

Real Estate deals are becoming more complex than ever. Our law firm provides comprehensive real estate support for complex transactions as real estate deals…
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Tax Law

Our world is all about economy and it is constantly changing. In this ever-changing environment, tax regimes are also evolving. Governmental acts…

Our Law Office is a member of the International Bar Association.

About Us

Hansu Law Firm is an international one-stop-shop law firm. As a corporate law firm with a team of experienced lawyers in many different jurisdictions and technical issues we assist our clients in all legal matters both in Turkey and abroad through our cooperation with foreign partners.

  • International Investment and Project Development Law
  • Commercial and Contracts Law
  • Real Estate and Rental Law
  • Transportation and Logistics Law

International

Hansu Law Firm is a leading Turkish law firm, supporting clients in various cross-border and international business activities. We deem it important to offer our clients a unique one-stop shop in order to support them in achieving their strategies around the globe.

Business

Hansu Law Firm is a leading full service, one-stop-shop Turkish law firm…

Personal

Hansu Law Firm is a leading full service, one-stop-shop Turkish law…

OUR INTERNATIONAL COOPERATIONS AND ACTIVITIES

Our aim is to provide quality and efficient service for our clients and we follow closely both the legal and sectoral developments in the fields which our clients are carrying out their activities.

MAKE AN ENQUIRY FOR ATTORNEYSHIP SERVICES

Our Law Office offers its service in international standards with its experienced lawyers and consultants who are specialists in their fields…

Frequently Questions

F.A.Q

According to Turkish Law of Obligations Code, some specific kind of contracts must be in written. However, it is advised to make all contracts in written for resolution of the possible disputes and proving reasons. The points that should be taken into consideration when drafting a contract can be summarized as follows:

The object and the subject of the contract

Duration of the contract

Rights and obligations of the parties

In case there is an obligation to make a payment, the amount, currency, date, type of the payment and who and where to make the payment should be stated clearly.

In case a party fails to meet financial and/or contractual obligations, penalty clause and the amount or default interest and the ratio should be added in the contract.

The rights and obligations of the parties should be stated in detail to avoid any confliction.

Dispute resolution way should be determined.

The termination of the contract, conditions and form of the termination and the rights and obligations of the parties after termination

The first issue that the new entrepreneurs should decide on while founding a company, is the type of the company. According to Turkish Commercial Code a company can be established as a proprietorship, a limited liability corporation or a joint-stock company. The documents needed, the capital of the company, the number of the shareholders and their liabilities will be determined according to the type of the contract.

Please contact to our Law Office if you may need detailed information on the documents that should be obtained, the capital of the company, the number of the shareholders and their liabilities.

Generally, the points should take into consideration while founding a company can be summarised as follows:

As a first step, a commercial name should be chosen and this commercial name should be detected through Central Registration System and Turkish Commercial Registry Gazette to find out if the chosen commercial name is in use.

The company location, object and subject should be determined.

All company formation transactions shall be done through MERSİS (Central Registration System).

The company shareholders and their authorizations should be determined.

The capital of the company and the shares of the shareholders should be determined.

The board of directors and the board of supervisors should be determined according to the type of the company.

The articles of association of the company should be drafted on MERSİS, should be checked and notarized.

Following the mediation clause that came into force last year in labour lawsuits, on 1st of January 2019 mediation clause also came into force for commercial lawsuits before filing a lawsuit at the courts. According to the Turkish Commercial Code article 5/A, the commercial lawsuits about debt collections and compensations shall be subjected to mediation. In other words, according to this new legislation, applying for mediation before filing a lawsuit before courts became mandatory.

Within this scope the commercial lawsuits subjected to mediation are as follows:

Lawsuits that are stated as absolute commercial lawsuits according to the Turkish Commercial Code numbered 6102 article 4.

Debt collection and compensation lawsuits about acquisition of assests or enterprises, merger and tranformation of enterprises.

Debt collection and compensation lawsuits arising from noncompetition clauses.

Lawsuits about lend upon pawn

Debt collection and compensation lawsuits arising from publishing contracts.

Debt collection and compensation lawsuits arising from letter of credit and order of credit.

Debt collection and compensation lawsuits arising from commission contracts.

Lawsuits about commercial agents and trader assistants.

Debt collection and compensation lawsuits arising from remittance contracts.

Debt collection and compensation lawsuits arising from storage contracts.

Debt collection and compensation lawsuits related to commercial enterprises according to Intellectual Property Law.

Debt collection and compensation lawsuits arising from the places related to commerce such as stock markets, fairs, exhibitions, markets and warehouses.

Debt collection and compensation lawsuits regarding banks, other loan institutions, financial corporations and lawsuts arising from loan transactions.

First of all the forest boundary where the real estate recides in should be checked through Foresty Operations Directorate, since the real estated to be purchased shall not be in the forest boundaries. The title of deed and the ownership of the real estate should be checked at Land Registry Office. Also, the seizures, mortgages and rights of easement on the real estate should be checked through land registry records to find out if there is any annotations on the real estate that can reduce the value of the real estate or avert the transfer of the real estate. The unpaid taxes and dues should be checked. In case there is a property ownership, the management plan of the real estate should be examined, since after purchasing the real estate, the clauses in the management plan shall be binding for the new owner. The actual state of the real estate and the construction plan compatibility should be checked to avert disputes with municipality. A sale protocol should be signed and a down payment should not be paid before signing this protocol. The amount of the down payment should be stated in the protocol and the amount of the down payment should not exceed 5% of the purchase amount. The detailed address of the real estate should be added in sale protocol such as province, district, village, block, plot and layout numbers and independent sections number. In case there is no property ownership, an occupancy permit should be obtained and there will be some formalities and expenses for concluding property ownership on the real estate. There should be an agreement between the purchaser and the seller on the fees of the title deed and debts on the real estate such as taxes, dues.

Turkish Labour Code gives a right to terminate an employment contract both to employees and employers. However this right must be used by following some specific procedures as it is stated in the Labour Code.

This right of termination can be used without any reason or notice in the trial period (the trial period can ve 2 months at most) of the employee.

The employer has the obligation of terminating an employment contract by giving a notice to the employee according to the employee’s seniority.

Employer may terminate the employee’s employment contract with a rightous cause in six workdays following the date of the discovery of the rightous cause.

Employees subjected to employment security have right to file a reemployment lawsuit.

The termination notice must be in written and the termination cause must be certain and clear. In case the employee avoids to recieve the termination notice, the termination must be served via notary.

The employee’s written defence must be taken, in case the employee’s contract is terminated due to performance or behaviour.

After termination of the employment contract, an employee has right to file a lawsuit before labour courts in any case. Only possible way to avert a lawsuit is to make a mutual agreement with the employee via mediation. Our law Office provides legal services for such mutual agreements.

The time limit for filing a lawsuit in accordance with the Code of Administrative Procedure is sixty days before State Council and administrative courts and thirty days before tax courts in case there is no other time limits indicated in private codes. These periods vary depending on whether the administration rejects the application or remains silent during the period of response.

Before filing an administrative lawsuit by the concerned parties, removal, rectification, alteration or a new procedure may be requested from the supreme authority, if there is no supreme authority, from the authority that has made the proceedings within the time limit of filing the administrative lawsuit. Although this application is called “preliminary decision” in administrative law, it is a prerequisite for a preliminary decision in some disputes. This application stops the time limit for filing administrative lawsuit. If no response is given within sixty days, the request is deemed rejected (implied rejection). In case the request is rejected or deemed rejected, the time limit for the proceedings will start again and the period passed until the application date will also be taken into consideration.

In administrative disputes, these timelimits start following the service of the written notice or the end of the response period of the administrative where the administration remains silent. In tax disputes, these timelimits start following the collection of the taxes or the service of a notice or the payment where the tax is accrued via deduction or the reigstration where the tax is accrued via registration and the service date of a decision where the administrative shall file a lawsuit about this decision.

TEAM FRIENDS

TEAM FRIENDS

Omer Faruk HANSU

FOUNDING PARTNER

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He is a member of Istanbul Bar Association. Lawyer Omer Faruk Hansu is graduated from Istanbul University, Faculty of Law and is the founder and manager of Hansu Law Office…

Nejla HANSU

MANAGING PARTNER

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Law of Contracts, Banking and Insurance Law, Enforcement and Bankruptcy Law, Compensation Law, Real Estate Law, Commercial and Corporate Law…

Esra HANSU

SENIOR ASSOCIATE​

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Commercial and Corporate Law, Insurance and Compensation Law, Enforcement and Bankruptcy Law, Competition Law, Labor Law, Privatization Law…

Ebru OZDURAN

MANAGING ASSOCIATE

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EBRU OZDURAN is graduated from, Izmir Dokuz Eylul University Faculty of Law in 2008. She has completed her internship in Izmir Bar Association…

Fatma CIMEN

MID-LEVEL ASSOCIATE

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FATMA CIMEN is graduated from Marmara University, Faculty of Law in 2014 and has completed her legal traineeship in a boutique law firm …

Yagmur Eroglu OYMAK

MID-LEVEL ASSOCIATE

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YAGMUR EROGLU OYMAK graduated from Kocaeli University Faculty of Law in 2016 and completed her master’s degree education under …

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