Born in Elazığ on the east of Turkey, Saim Dursun, depicts, with the warm liveliness of light and color on his spatula, the true Anatolian picture uncovering the strong willpower of Turkish people and their joy of life despite hardship. Painter Saim Dursun passed away in August 13, 2021 at the age of 62.
Choice of Foreign Law in Contracts to be Concluded Between Turkish Citizens
Nowadays, Turkish real persons and/or legal entities may have a tendency to choose foreign law as applicable law to their contracts. There could be several reasons for such tendency. In particular, contracting legal entities’ being members of global group companies and certain contracts’ being drafted earlier as template in line with the policy of such group lead to choice of foreign law. Likewise, there could be cases where the chosen foreign law is deemed by the contracting…
EU Requests Consultation before The WTO on Turkey’s Localisation Policy
On April 2, 2019, the European Union (“EU”) requested a consultation before the World Trade Organisation (‘WTO’) regarding measures adopted by Turkey in relation to the production, importation and marketing of pharmaceutical products, which are claimed to be non-compliant with international agreements. Background Following the announcement of the Structural Transformation Programme Action Plan for Healthcare Industries by the Prime Minister Ahmet Davutoğlu on November 7…
What If Your Unquantified Amount of Monetary Claim is in Fact Quantifiable?
Introduction When the new Code of Civil Procedure (CCP) was enacted in 2011, it introduced a new case type to Turkish litigation where plaintiffs file an action for receivables for an unquantified amount that is left to the courts to determine subject to dispute. When filing such actions, plaintiffs: state the amount of determinable receivables as the minimum amount subject to dispute; pay a case fee based on this amount; and extend their claim to the amount calculated by…
Trademark Rights vs. Freedom of Expression: A Recent Decision of the Turkish Constitutional Court
A discussion whether the freedom of expression is violated by prohibiting the access to a website where a trademark of a third company is used in the domain name was heard before the Turkish Constitutional Court (“the Court”) upon an individual application. In order to understand the ruling of the Court, it is worth looking at the history of the dispute. Using a trademark of a reputable cargo company “yurtiçikargo” in a domain name as “yurticikargomagdurları.com”, having the…