Commercial Law in Turkey
Commerce, which is constantly expanding, developing, and increasing in importance in terms of international dimension, conveys legal problems that arise due to the rise in the number of commercial enterprises. With the commercial sector becoming more global and velociously expanding, the constant showing up of legal risks, conflicts, and penalty clauses are undeniable. Any legal operations, transactions, and debt relationships between parties such as bills and commercial papers is linked to commercial law. The Turkish Commercial Code governs the establishment, change of type, internal operating regulations of firms, and terminations related to commercial activities. Commercial law is made up of three major subjects: Legal persons and merchants, commercial enterprises, commercial operating associations, and foundations. Any activity involving the three subjects is deemed a commercial activity and must be evaluated under commercial law. In the complex and ever-changing landscape of commercial law it is critical to acquire legal guidance from the start and on an ongoing basis to reduce the potential of catastrophic damage.
International Commercial Lawyer in Turkey
International commercial law can be defined as the rules that govern national and international legislations and customs, as well as the fundamental norms regulating international commercial activity and contracts. International commercial law regulates the sale of goods and services, along with the legal obligations that emerge between merchants or companies and of natural and legal persons that are not based in the same country who possess a foreign element. Some of the major issues addressed by International Commercial Law include international sales and purchases of goods, international contracts of carriage of goods, remedies for international commercial disputes, the legal regime of international commercial contracts, international commercial organizations, foreign capital investments, import and export transactions, E-commerce, international commercial disputes, and remedies.
Turkey is a signatory to the “United Nations Convention on Contracts for the International Sale of Goods (CISG)” drafted by the United Nations Commission on International Trade (UNCITRAL) and passed on April 11, 1980.
The CISG is an important legal regulation on the law of international sales to which 89 countries from multiple regions have signed. The CISG aims at ensuring the parties get the greatest benefit possible out of their international trade while protecting the permanency of trade overall.
Through CISG, the minimized transaction costs will eventually improve commercial relations and excellent inter-state relations. The CISG, which was passed and entered into force in Turkey on August 1, 2011, has subsequently become part of our domestic law.
What do Commercial Lawyers do?
A commercial law attorney represents legal entities in all proceedings beginning from the company’s establishment. The lawyer oversees drafting and monitoring of contracts to which the companies will be parties to, as well as regulating rights and obligations while resolving any conflicts of interest. Furthermore, the commercial law attorney assists in the resolution of disputes between corporations and their employees, keeps records of any problems that may arise, and provides legal expertise regarding the company’s internal functioning.
What does Commercial Law Cover?
• Quick and easy establishment of domestic and free-zone companies,
• Counseling on day-to-day commercial works and activities,
• Follow-up on every legal case in which the companies are involved,
• Representing companies in litigation,
• Counseling and providing legal support in problems originating from international sales of goods and the CISG and international agreements
• Contract drafting and monitoring with local and foreign enterprises,
• Counseling and legal support on commercial works and activities that local or foreign companies confront in Turkey, day-to-day legal support
• Legal assistance with issues originating from commercial contracts containing a foreign element.
Commercial Contracts Law in Turkey
A contract is a transaction carried out by two or more people or organizations with a mutual and adequate expression of will achieve a legal outcome. Commercial contracts, on the other hand, are agreements between merchants and legal entities in which the parties’ rights and obligations are regulated to achieve legal outcomes. Contracts drafted in conformity with the law reduce the likelihood of possible complications in the future. Among the types of commercial contracts are the following: sales contract, commission contract, factoring contract, intellectual and industrial property rights contract, contract of pledge and mortgage contract.
In international commercial contracts, several criteria such as the parties’ countries of residence, the applicable law of contracts in those countries, and geographical circumstances, are considered.
What Are the Most Encountered Common Commercial Law Legal Issues?
Commerce law covers a very wide area within itself. Since it is closely related to the business field, many issues related to it may arise. When we examine some of the most common ones, we see the following:
- Employee misclassification
- Employment law violations
- Wrongful termination
- Discrimination lawsuits
- Accidents at work
- Intellectual property infringement
- Breach of Contract
- Company structure, registration, and licenses
These are given in the context of an example, and different problems can be seen among commerce law issues. In addition, if you want to establish a company in Turkey, there are some laws you need to know. All of these are within the scope of commerce law.
How Are Commercial Law Disputes Resolved?
Although all parties in international commercial relations strive to fulfill their commitments, disagreements due to interpretation from different perspectives may occur. Apart from this, disagreements may occur for different reasons.Although it is essential to resolve such problems between both parties, in some cases difficulties may arise in this regard. In such cases, it is also possible to solve it with outside help.
Do I Need an Attorney to Solve Commercial Law Problems?
It is a very detailed subject that includes many subjects within Commercial Law. In this context, many issues are included, from preparing contracts with local and foreign companies to monitoring them and resolving any issues that arise.It is always recommended to benefit from the services provided by professional lawyers in order to solve a problem in the field of commercial law in accordance with the law and to avoid any problems. Through lawyers, companies can find the support they are looking for in a branch of law. Celiktas Law Firm assists both local and foreign companies with its lawyers who are experts in this branch of law.
Our Staff of Turkish Lawyers Specialized in Commercial Law
As Celiktas Law Firm we offer legal expertise in commercial and contract law with our expert lawyers. Advocating our foreign and local clients’ best interests, we navigate the process of drafting, revising, and finalizing contracts for all types of commercial activity, and provide immediate assistance and support in case of disputes.