FOREIGNERS and CITIZENSHIP LAW
Our Department, which provides full-service legal consultancy services in all matters of foreign origin, including obtaining Work Permits for foreign nationals, following residence permit procedures, and applying and following up on Turkish Citizenship, is to support all of our clients’ legal problems in this field and ready to produce solutions. In the light of our goal and our legal mission, we offer the legal consultancy services we provide to our local and foreign real and legal person clients for your information below:
Residence permits of foreigners who want to live in Turkey, making the extension of residence permit application, follow-up and finalization,Foreign Direct Investment Law to the appropriate legal entity before employed, including foreigners, work permits of foreigners planned to be employed in Turkey, work permits extension of making the application, follow-up and finalization,Within the scope of the Turkish Citizenship Law No. 5901, citizenship application procedures, follow-up and finalization of foreigners who want to acquire Turkish Citizenship,Within the scope of the Turkish Citizenship Law No. 5901, the application procedures, follow-up and finalization of the individuals who want to exit Turkish Citizenship by the decision of the competent authority,especially the foreign acquisition of immovable property in Turkey, providing consulting services relating to Real Estate Law, Defection in Turkey, temporary protection, subsidiary protection, granting of legal consultancy services relating to conditional refugees and refugee status, (in our country on refugees legal status for the 1951 Geneva Convention, refuge geographical limitations, provided that accepts our country there is no one-way applications. These restrictions According to Turkey only accept refuge requests from member states of the Council of Europe. With regard to refuge-seekers from countries outside the European Council, they will be accepted through giving a temporary residence permit by United Nations High Commissioner for Refugees (UNHCR) until they are seated on the country)
Recognition and enforcement.
It is a sub-branch of the Turkish Civil Code No. 4721 and regulates family relations. The main subjects of family law are; engagement, conditions and provisions of marriage, conditions and consequences of divorce, property regimes, paternity, adoption, custody, allowance, child support, wardship, curatorship.
According to the Turkish Civil Code, disputes arising from family law fall under the Domestic Relations Courts. Where there are no Family Courts, these disputes are dealt with by the Civil Courts of General Jurisdiction. We provide legal services in all these matters by our expert lawyers in our Law Office.
REAL ESTATE LAW
It is also a part of the property law regulated in the Turkish Civil Code No. 4721. Real Estate Law is a concept that deals with all kinds of legal disputes and transactions related to Real Estate.
Within the scope of Real Estate Actions;
Title deed transactions
Real – personal rights ownership contract
Bargain and sales
Real estate financing
Acquisition of property by foreigners
Action of replevins
Elimination of joint ownership cases
Our Law Office also provides legal services and consultancy services in all these matters.
It is a branch of law that deals with who and how the natural person’s assets will be transferred in the event of death or absence. It is a branch of the Turkish Civil Code. The subjects of inheritance law are as follows;
Action for reduction
Evasion of property from inheritance (Deceased Collusion) cases
Acquisition process of certificate of inheritance
Cases for the management of inheritance
Denial inheritance cases
Case for removal of inheritance partnership
Inheritance waiver agreement
Our Law Office also provides legal services and consultancy services in all these matters.
It deals with the issues of labour, workers and employers and regulates the disputes that may arise in this regard. The dispute within the scope of labour law is discussed in the labour courts. Labour law is divided into individual labour law and collective labour law in scope:
Individual Labor Law: It usually regulates the relations between the worker and the employer, beginning with the contract of service in small businesses. It covers issues such as wages, contracts of Service, working conditions, additional fees, bonuses, commissions, social rights, dismissal, compensation.
Collective Labor Law: It is usually applied in big business to workplaces where the worker is represented by the employer in the form of communities (unions). It covers issues such as union formation, union membership collective agreement, Union dissolution, trade union rights.
The following are the subjects covered by Labor Law
– Severance pay cases
– Payment in lieu of notice cases
– Collection of overtime work and all other labor cases
– Pecuniary and non-pecuniary damages cases arising from occupational accidents
– Reemployment lawsuits
– The collection of receivables fee lawsuits
DEBT ENFORCEMENT AND BANKRUPTCY LAW
It is a branch of law regulated in the execution Bankruptcy and Enforcement Law No. 2004, which provides the opportunity to benefit from state power so that the creditor can obtain what he will receive in the easiest and fastest ways. The issues covered by the Bankruptcy and Enforcement Law and provided legal services by our Law Office are as follows;
Preparation and follow-up of all kinds of execution follow-up
Opening and tracking of kite check cases
Preparation and follow-up of negative declaratory actions and restitution claims
Objection to due balance and follow-up
Preparation and follow-up Appeal cases
Cancellation of savings cases
Other cases that fall within the remit of the Enforcement Court
Cases for termination of tender
Injunctive lien case
Regulation and supervision of improvement project
Regulation of bills of exchange
Regulation and supervision of concordatum agreements
Sales operations of confiscated goods
Audit of debt wreck status in companies
Within commercial law and the establishment of trading companies, merger, division, transfer, change type, containing norms of the legal relations of issues like liquidation and trading company is a branch of Law study.
The services provided in our law firm in relation to commercial and corporate law are as follows;
Company establishment operations in Turkey, foreign or domestic companies in Turkey branch and/or liaison office organizations to perform.
Preparation and negotiation of Joint Venture and consortium contracts
Project financing and guarantees.
Providing consultancy services on corporate functioning of companies, preparation of Company articles of association, preparation of Company board of directors decisions, signature circular and similar corporate documents; providing legal consultancy services on capital increase or decrease transactions, organizing general meetings of the company.
Preparation and negotiation of specific contracts (project development contracts, letters of intent, contingent commission contracts, confidentiality agreements, exclusivity agreements and preliminary agreements) in accordance with the need and project.
Making merger and acquisition agreements, due diligence studies and preparation of due diligence reports, preparation of all kinds of documents related to mergers and acquisitions.
Preparation and negotiation of share transfer contracts, shareholders (stockholder) contracts, voting contracts.
Providing legal advice to company managers regarding criminal and civil liability of company managers (directors and members of the board of director), employee-employer relations and transfer of company assets.
Providing legal advice on international transactions and proceedings.
To provide legal support for concordatum, restructuring and liquidation of the company.
Providing legal support services to companies regarding corporate governance principles and compliance with them.
Negotiation and preparation of all kinds of commercial contracts including production, licensing, leasing, factoring, franchising, agency and distributorship agreements.
Unfair competition lawsuits.
It is a branch of public law that regulates crimes and penalties. Although the Penal Code is generally regulated in the Turkish Penal Code, there are provisions in many laws such as banking law and Turkish Commercial Code. Our lawyers at our law firm follow every stage of the process, from the investigation stage to the conclusion of the prosecution, with great care and represent their clients in the best possible way.
–Crimes against life: manslaughter in the first degree, involuntary manslaughter, human trafficking
– Offences against body immunity: nonaccidental injury, reckless injury
– Offences against sexual impunity: sexual assault, sexual harassment, sexual abuse
– Crimes against freedom: threats, blackmail, deprivation of liberty, violation/breach of residence immunity
– Offences against honour: invective
– Offences against private life: violation of privacy of private life, violation of privacy of communication
– Offences against property: theft, theft of use, looting (extortion), causing damage to property, abusing of trust, common law cheat
– Offences against public trust: forgery in money, forgery in official document, forgery in seal, forgery in private document
– Crimes against general morality: obscenity, prostitution, providing space and facilities for gambling
We, as BG Hukuk Bürosu, provide consulting and advocacy services to our clients on all these issues.
LAW OF CONTRACTS
Preparation of contracts in accordance with the needs of real and legal persons, examination of contracts, realization of necessary and requested changes, signing of contracts by proxy on behalf of foreign real and legal persons are the subjects.
As is known, under Article 48 of the Constitution, “freedom of contract” is essential, but it does not grant unlimited rights to free individuals. Because in accordance with Article 27 of the Turkish Code of Obligations “Contracts which are contrary to the ordering provisions of the law, morality, public order, personal rights or which are impossible to issue are absolutely void.” There are many kinds of contracts in our law and the number of disputes that arise due to this is a great deal. The areas of work that are most commonly encountered today and which form the fields of work of our law firm are as follows;
–Agent’s Contracts and Dealer Agreements
– Distributorship Contract
– Franchising Contracts
– Trademark Assignment Contracts
– Construction Contracts
– Know How Contracts
– License Contracts
– Lease Agreement
– Goods and Services Trading Contracts
– Joint Venture Contracts
– Leasing Contracts
– Supply and Contract Agreements
–Receivables Debt Restructuring Agreements
– Real Estate Purchase, Sale and Transfer Contracts
– Loan and Financing Agreements
– All the issues that will be needed related to the contract, such as preparation, modification, signing, implementation, renewal or termination of contracts such as company Capital contract etc.
INFORMATION TECHNOLOGY LAW
It is a branch of law that deals with the collection, storage, processing and transmission of information in an orderly and reasonable manner, especially through electronic and technological means, and the disputes that may arise from these issues. With the development of technology, virtual spaces also need legal regulations. In recent years, numerous national and international legal arrangements have been made for the field of informatics. We, as BG Hukuk Bürosu, represent our clients in private law cases related to the field of it Crimes and Divorce, compensation, receivables and other commercial cases, as well as due to the fact that private life relations are also covered by the events experienced over the internet. Information Technology Law has many crimes in itself. But to mentions that most common crimes;
– Crime of entering information systems
– Block, disrupt, destroy, or modify the system
– Misuse of debit or credit cards
– Implementation of security measures on legal entities
– Licensing, protection of intellectual property rights, registration procedures
– Offences arising in electronic contracts
– Crimes involving unfair use of computer programs
– Internet, social media and messages; threats, blackmail, insults, etc.
– Forge a paper
– Illegal betting sites
– Attacks on private life using technological tools (listening, tracking, monitoring, etc.)
INTELLECTUAL PROPERTY RIGHTS LAW
It provides legal possibilities to anyone who is born out of creativity both in industrial and scientific, literary and artistic fields, and who demonstrates their creativity. Intellectual property is the form of thoughts owned individually or institutionally embodied on a product and gained economic value. Protectable intellectual products, according to the way they are shaped; works, inventions, designs, brands, geographical signs, trade names, business names, internet domain names can be exemplified.
Authors royalties arise spontaneously when the work is created and the protection related to it is provided by the publicity of the work and although there is no need for a notification or registration, in order to provide protection in industrial property rights, the relevant invention, design, brand etc. must be registered. BG Hukuk Bürosu provides legal counseling services within the scope of Industrial Property Law, Intellectual and Artistic Works Law and secondary legislation in order to meet all kinds of needs of its clients in order to protect their rights within the scope of intellectual property law.
The main topics we serve are as follows;
-Industrial design and utility models research in national and international area
– Preventing misuse of trade secrets
– Preparation of license agreements and import/export licenses
– Protection of designs and utility model law
– Registration rights
– DVD, CD, etc. issues like violation of copyrighted materials etc.
CASE TRACKING AND DISPUTE RESOLUTION
With its deep experience in the field of dispute resolution and practical results, BG Hukuk Bürosu provides legal advice and litigation in all processes required by its clients. We offer counselling services for our clients on matters to be considered under preventive law before disputes occur. We offer effective solutions for cases and events that can be resolved through agreement without resorting to legal remedies. Reconciliation is a priority and alternative dispute resolution methods should be considered. In cases where the litigation process cannot be prevented, BG Hukuk Bürosu takes care of the interests of its clients in every stage of the dispute decisively and competently, determines the appropriate strategies and implements them.
In 2014, Law No. 6502 on Consumer Protection entered into force, and Law No. 6502 is still applied in disputes. In accordance with Law No. 6502, consumer law is to take measures to protect the health and safety and economic interests of consumers, to compensate their losses, to protect them from environmental hazards, to enlighten and raise awareness of consumers, to encourage consumers to protect themselves and to encourage voluntary organizations in the development of policies on these issues.
BG Hukuk Bürosu follows the legislation and technological developments closely and provides quality and result oriented services in all areas of Consumer Law. The main topics we serve are as follows;
– Subscription contract cases
– Cases arising from defective services
– Cases arising from defective goods
– Guaranteed property cases
– Door step sales cases
– Cases arising from distant sales
– Cases arising from unfair conditions
– Credit card contract cases
– Cases arising from package tours
– Cases arising from consumer loans
– Cases arising from installment and campaign sales
– Applications to the Consumer Problems Arbitration Committee
In parallel with the rapid development of insurance in our country, the number of legal disputes arising from insurance application is increasing day by day. In the insurance practice, issues such as whether the risk occurred, whether it is covered by the insurance, the status of the defect and its effect on the contract, and the recourse of the payment to the defective person cause legal disputes in many of the contracts. In addition, the general financial risk brought by the insurance activity results in the administrations’ tendency to monitor their insurance activities intensely. In parallel with all of these, the change in the Turkish Commercial Code and the Insurance Law and the related statutes, regulations and communiques, which are the main regulations of insurance, brings technical support to the legal aspect of the activities in this field.
As BG Hukuk, we provide our clients with attorney and consultancy services in all kinds of disputes arising from the insurance field.
The main topics we serve are as follows;
– Insurance claims and compensation cases
– Making applications to insurance companies and following the process
– Lack of support compensation, disability compensation, treatment expenses, etc. Substitution and follow-up of cases involving material claims and moral damages
– Compensation claims for traffic accidents
– Following the investigation and prosecution stages in cases where the act causing the accident constitutes a crime under the Turkish Criminal Code
– Fire insurance cases
– Traffic insurance, automobile insurance, life insurance, health insurance, etc. Necessary applications and transactions before the insurance companies for the settlement of all kinds of disputes arising from the policies, substitution and follow-up of the required cases
– Medical malpractice cases
– Cases related to personal accidents
– Cases regarding goods and other claims
– Substitution and follow-up of recourse cases arising from insurance contracts
Startup law takes its place among the new branches of law with the need to protect ideas of enterprise. Startup law is the branch of law that addresses the development, features, problems and determines the rules and frameworks of the idea of the enterprise, which is in the stages of being a commercial gain or company.
It aims to protect the enterprise project against situations such as theft, copying and to put the law on a ground. It is a distinctive branch of law (Sui generis). It is closely related to various legal fields such as Commercial Law, Law of Obligations, Intellectual Property Law, Competition Law.
Legislation on Startup Law is as follows;
• Technology Development Documents Law
• Law on Supporting Research and Development Activities
• Melek Investment Regulation
• Communique on State Aid in Investments
• Supreme Court Decisions
BG Hukuk Bürosu provides legal counseling and legal services to our clients regarding the developing Startup Law.
It is now accepted all over the world that sports have a unique structure and that sports disputes should be resolved within the framework of this unique structure and within the scope of the science of “sports law”. It contains elements of very important branches of law such as Civil Law, Law of Obligations, Commercial Law, Private Law, Criminal Law, Administrative Law and Tax Law.In a narrow sense, Sports Law organizes sports activities, manages the world of sports, and ensures the institutionalization of sports competitions and organizations.
Sports Law in a broad sense regulates the relationships that occur due to sports and the situations faced by real and legal, public and private individuals who take part in these relations and resolve the problems.
In this context, the subjects that we, as BG Hukuk Bürosu, provide consultancy and advocacy services for the resolution of disputes and sports law are as follows;
– Participating in the meetings about Professional Athletes, Coaches, Transfer and Management and arranging all the contracts related to them.
– Making and following up applications regarding the licenses, citizenship, work and residence permits of athletes
– Arrangement of contracts for name and product sponsorships, form advertisements, publishing rights and other advertising-marketing activities.
– Follow-up of cases regarding the responsibility of athletes and clubs within and outside the field within the scope of unfair acts.
– Protection of athletes ‘and clubs’ personal rights in the visual and print media
– Turkey Football Federation Law on the Organization and Duties, Law on Prevention of Violence and Disorder in Sports, FIFA and UEFA decision to give legal advice and related applications.
PROTECTION OF PERSONAL DATA
With the advancement of technology, the easy access to information provides positive developments and also poses great risks. Today, state institutions and private institutions process a significant amount of data about individuals. This situation causes individuals to lose control of their data and create risks such as using this data against them. The right to protection of personal data is a constitutional right that individuals have against unauthorized use of their data by real or legal persons. As BG Hukuk Bürosu, the main subjects that we offer to our clients are advocacy and consultancy services within the scope of Personal Data Protection Law No. 6698 and its secondary regulations, which came into force on April 7, 2016;
– General Legal Support and Consultancy on Protection of Personal Data
– Legal Consultancy in Fulfilling the Obligations of the Data Controller
– Legal Representation in Investigations Concerning the Law on Protection of Personal Data