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THE CONSTITUTIONAL COURT HAS ANNULLED THE PROVISION GRANTING THE PRESIDENT AUTHORITY TO RESTRICT FOREIGN EXHANGE AND MONEY MOVEMENTS!

In its decision No. 2024/193 Merits 2025/136 Decision1 dated 17 June 2025 ("Decision"), published in the Official Gazette on 15 October 2025, the Constitutional Court ("Court") annulled Article 1 of Law No. 1567 on the Protection of the Value of the Turkish Currency ("Law"). The annulled provision had stated that: "The President is authorized to make decisions for the regulation and restriction of the export from or import into the country of currencies, securities, and bonds, and of the purchase and sale of foreign exchange, cash, securities, bonds, precious metals, precious stones, and any goods and valuables made of or containing them; as well as of commercial papers and all means and instruments used for payment, and to take decisions aimed at protecting the value of the Turkish currency."

NEWS

SEIZURE OF PROPERTY BELONGING TO PERSONS OTHER THAN THE DEBTOR AND PROTECTION OF LEGAL RIGHTS

In enforcement proceedings, the seizure of property that does not belong to the debtor but rather to third parties is a situation frequently encountered in practice that leads to significant aggrievements. Uncertainties arising from property regimes complicate ownership relations, making it difficult to accurately determine to whom the property belongs during enforcement measures. Within this framework, when seizure is imposed on property belonging to the debtor's spouse or another third party, the most important legal remedy is the ownership claim (assertion).

NEWS

MERGERS AND ACQUISITIONS AND THE NOTIFICATION OBLIGATION WITHIN THE FRAMEWORK OF COMPETITION LAW

Mergers and acquisitions (M&A) are at the center of the growth and restructuring strategies of companies. These transactions, serving the purpose of companies to expand both nationally and internationally to increase their market shares or to enter into new markets, not only give rise to economic and commercial consequences but also carry the potential to directly affect the competition dynamics in the relevant market. Therefore, merger and acquisition transactions may affect the competition structure in the market. In this respect, while M&A transactions create strategic opportunities, they are also among the areas carefully scrutinized by regulatory authorities to preserve competitive order.

Diğer Haberler

18 June 2025

M&A Dynamics in Publicly Traded Companies: New Investment Strategies Through Borsa Istanbul

In recent years, IPOs in Turkey have reached record levels. In 2023 and 2024, a large number of companies started trading in Borsa Istanbul as a result of initial public offerings (IPO) transactions. These IPOs, which attracted great interest from small investors, stand out as important strategic moves in which companies gain transparency and visibility, and also play a role as an important financing tool. With IPOs, publicly traded companies / partnerships are now drawing the attention of not only small investors but also domestic/foreign strategic and financial investors.

DETAIL

16 June 2025

The Court Of Cassation Abandoned Its Long-Standing Precedent Regarding Construction Conracts In Return For Land Shares, Known As "Advance Deed"

Construction contracts in return for land shares are a common practice in the construction sector in Turkey.

DETAIL

11 June 2025

Amendments To The Regulation On Distance Contracts: Return Shipping Fees And Right Of Withdrawal For Electronics

With the Regulation Amending the Regulation on Distance Contracts ("Amending Regulation") published in the Official Gazette dated May 24, 2025 and numbered 32909, important amendments were made regarding distance sales. The key changes introduced by the Amending Regulation are as follows:

DETAIL

30 May 2025

Alimony Against Inflation: Adjustmen of Alimony and the Issue of Payment in Foreign Currency

Alimony for supplementary welfare allowance and child support awarded by court judgment as a result of divorce cases is generally fixed at a certain amount and either remains the same over the years or is increased only within limited rates determined by the court. Similarly, the provisional alimony determined during the litigation process can become insufficient over time due to the prolonged duration of the proceedings and high inflation; this significantly hampers the effectiveness of alimony enforcement.

DETAIL

23 May 2025

Right To Compassionate Leave: Duration, Implementation And Assessment

Legal Basis and Definition of Compassionate Leave: In situations where an employee is unable to perform their work obligation due to certain personal circumstances in which, pursuant to the principle of good faith, the employer cannot reasonably expect the employee to work, the employee must be deemed to be on justified leave. Compassionate leave was introduced by Law No. 6645 in 2015 and is regulated under Additional Article 2 of the Turkish Labour Law No. 4857.

DETAIL

20 May 2025

The Right to Be Forgotten in the Context of Search Engines

IWith the rapid advancement of technology, personal data is increasingly recorded in digital environments and can be stored for long periods of time. This situation causes individuals' past negative experiences or changing opinions over time to remain constantly accessible. In particular, search engines make personal data widely accessible by indexing results that appear when searching individuals by their first and last names. Within this context, the "Right to Be Forgotten" stands out as the right of individuals to request the deletion of their personal data or the restriction of access to it in digital environments.

DETAIL

DAHA FAZLA YÜKLE