i Nature of the insurance and reinsurance market
There are currently 67 active insurance companies incorporated in Turkey, consisting of 42 non-life insurers, 21 life and pension insurers and four reinsurers.2
The premiums collected in 2021 (as of December) amounted to approximately 105.3 billion Turkish lira, an increase of 27.5 per cent compared with the previous year. Of this aggregate value, approximately 87.6 billion lira was derived from non-life insurers, ...»
1. What are the principal sources of law and regulation relating to patents and patent litigation?
At national level, the main sources of patent law are the:
Industrial Property Code No. 6769 (IP Code).
Regulation on the Implementation of the IP Code.
Regulation on Employees' Invention, Inventions Realised in Higher Education Institutions and Inventions Realised as a Result of Publicly Funded Projects.
Regulation on the Implementation of the Europe...»
In what fora are insurance disputes litigated?
In the Turkish judicial system, insurance disputes are resolved by the commercial courts, irrespective of the amount or value of the dispute. On the other hand, insurance disputes arising out of maritime law are heard by a specialised commercial court. If a province has no specialised court or any other regular commercial court, disputes are heard by the general competent court, namely a civil court of first instance.
How is healthcare in your jurisdiction organised?
The healthcare system is governed principally by the Fundamental Law on Healthcare Services No. 3,359, which furnishes the Ministry of Health (MoH) with the authority to issue healthcare-related regulations and establish a healthcare system enabling each and every person living in Turkey to have equal and equitable access to the healthcare system. The regulatory authority is the MoH and its subsidiaries.
The MoH is responsibl...»
The Global Advertising Lawyers Alliance (“GALA”) releases the second edition of “Sweepstakes & Contests: A Global Legal Perspective” book on OCT 2021. The book consist of a global legal compendium of the laws related to sweepstakes & contests in 70+ countries around the globe. Turkey chapter of the book was prepared by Hande Hançar and Baran Güney.
World Intellectual Property Rights and Remedies features analysis and commentary by leading practitioners on key intellectual property legislation from jurisdictions throughout Europe, Latin America, and Asia, as well as English translations of key intellectual property legislation from non-English-speaking jurisdictions. Each chapter clearly describes the nuances of local practice regarding how to register and protect copyrights, patents, trade, and service marks. Find helpf...»
1. Do the main laws that regulate the employment relationship apply to:
Foreign nationals working in your jurisdiction?
Nationals of your jurisdiction working abroad?
Laws Applicable to Foreign Nationals
In the absence of a foreign law chosen by the parties to govern an employment contract with a foreign element, the employment laws in Turkey will apply to both Turkish and foreign nationals. Under the Act on Private International and Procedural Law No. 5718, the parties...»
Has the government introduced any laws and/or issued guidelines around remote-working arrangements? If so, what categories of worker do the laws and/or guidelines apply to – do they extend to “gig” workers and other independent contractors?
Article 14 of the Turkish Labour Act (TLA) defines remote working as a contractual employment relationship in which employees carry out their duties from home or other locations outside the workplace, sometimes through digital platforms....»
Is your country party to any bilateral or multilateral treaties for the reciprocal recognition and enforcement of foreign judgments? What is the country’s approach to entering into these treaties, and what, if any, amendments or reservations has your country made to such treaties?
Except for multilateral treaties on family law, Turkey is not a signatory to multilateral treaties for the reciprocal recognition and enforcement of foreign judgments. However, Turkey is a ...»
1 Must an award take any particular form (e.g., being in writing, signed and dated, place of issuance, requirement to provide reasons, and delivery)?
Article 14(A) of the Turkish International Arbitration Law (TIAL) provides that an award must include:
the names, surnames, titles and addresses of the parties, their representatives and lawyers;
the legal grounds upon which the award is based, and, if there is a claim for compensation, the amount of compensation;
What are the primary sources of law, regulation and practice relating to corporate governance? Is it mandatory for listed companies to comply with listing rules or do they apply on a ‘comply or explain’ basis?
he Turkish Commercial Code (TCC) dated 13 January 2011 (Law No. 6102) entered into force on 1 July 2012. The TCC has important objectives such as ensuring transparency, adopting corporate governance standards, and introducing internationally accepted auditing and report...»
What are the main dispute resolution methods used in your jurisdiction to resolve large commercial disputes?
The main and most commonly used method for resolving large commercial disputes in Turkey is litigation. Civil litigation is based on the principle that the parties to the dispute prepare their case. The judge is bound to hear claims, defences and evidence brought by the parties. However, the judge is entitled to make a legal assessment ex officio. The management of p...»