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The Insurance and Reinsurance Law Review, 12th Edition, Turkey Chapter

Chapter 1 Turkey Aysel Korkmaz Yatkın, Görkem Bilgin, Asena Aytuğ Keser and Edanur Atlı[1] I. Introduction i. Nature of the insurance and reinsurance market There are currently 74 active insurance companies incorporated in Turkey, consisting of 50 non-life insurers, 19 life and pension insurers and five reinsurers.[2] The premiums collected in 2023 amounted to approximately 486 billion Turkish lira, an increase of 106.8 per cent compared with the previous year. Of this… »

Designs and Utility Models Throughout the World Chapter 149A Turkey

I. Introduction Law The Industrial Property Code no. 6769 (““IP Code””) entered into force on January 10, 2017. Conventions International Convention (Stockholm) (see Appendix 1); Hague Agreement Concerning the International Registration of Industrial Designs (see Appendix 2); Locarno Agreement for the International Classification of Industrial Designs (see Appendix 3); Patent Cooperation Treaty (see Appendix 4(a)); Strasbourg Agreement Concerning the… »

Patents Throughout the World Chapter 169 Turkey

Law 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; and Regulation on the Implementation of the European Patent Convention Regarding the Grant of European Patents in Turkey. Conventions Turkey is a party to almost all… »

Challenging and Enforcing Arbitration Awards: Türkiye 2024

Must an award take any particular form?  Article 14(A) of the International Arbitration Law (IAL) provides that an award must include: the names, surnames, titles and addresses of the parties, their representatives and lawyers; the legal grounds on which the award is based and, if there is a claim for compensation, the amount of compensation; the place of arbitration and the date of the award; the name, signature and a dissenting opinion, if any, of the arbitral tribunal;… »

Corporate Governance in Türkiye 2024

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? The 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… »

Insurance Litigation 2024 in Turkey

ForaIn what fora are insurance disputes litigated? In the Turkish judicial system, in principle, 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. Insurance disputes to which a consumer is a party are heard by consumer courts. If a province has no specialised or regular commercial court, disputes are heard… »

Global Patent Litigation 2023, Turkey Chapter

Özge Atılgan Karakulak, Selin Sinem Erciyas and Zeynep Çağla Üstün have contributed to 2023 edition of Global Patent Litigation: Strategy & Practice - Turkey Chapter, which is published by Wolters Kluwer. “Global Patent Litigation: Strategy & Practice” is a resource that provides reliable descriptions of the patent laws for key countries along with insights into successful strategies to avoid, defend, or pursue litigation in each jurisdiction. Every chapter is updated… »

Healthcare Regulation 2024 in Turkey

1. Organisation, financing and structure of the healthcare system Organisation How is healthcare in your jurisdiction organised? What is the role of government? The healthcare system is governed principally by the Fundamental Law on Healthcare Services No. 3359 and dated 15 May 1987, 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… »

Enforcement of Foreign Judgments 2024 in Turkey

Treaties 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… »

Litigation and Enforcement 2023 in Turkey

What are the main dispute resolution methods used 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 proceedings is at the… »

Arbitration Procedures and Practice 2023 in Turkey

How is commercial arbitration used and what are the recent trends? Use of Commercial Arbitration and Recent Trends In Turkey, arbitration traditionally evolved as a dispute resolution mechanism, which was used more frequently in large commercial disputes where a foreign party is involved and mostly when a legal counsel is involved in the preparation of the principal contract between the parties. For all other matters, particularly concerning disputes of smaller value… »

Corporate Governance and Directors Duties in Turkey Overview

The Q&A gives a high-level overview of corporate governance trends; the main forms of corporate entity used; the corporate governance legal framework; corporate social responsibility and reporting; board composition and restrictions; directors' remuneration; management rules and authority; directors' duties and liabilities; transactions with directors and conflicts; disclosure of information; shareholders' rights, company meetings, and minority shareholder action; and… »

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