Category Archives: Publications

WHAT IS THE “IMPOSSIBILITY OF PERFORMANCE” AND “EXCESSIVE DIFFICULTY OF PERFORMANCE” UNDER TURKISH LAW OF OBLIGATIONS?

Pursuant to principle of adherence to the contract (ahde vefa or pacta sunt servanda), as one of the general principles of law, the parties of a contract should comply with the terms of the contract in all circumstances. In that respect; failure of a party to perform its obligations under the contract or termination of […]

THE EFFECT OF THE CORONAVIRUS (COVID-19) EPIDEMIC ON PUBLIC PROCUREMENT AGREEMENTS

The Public Procurement Law No. 4734 determines the principles and procedures to be applied in the tenders to be made by public institutions and organizations that are subject to public law or under the control of the public or use public resources, and the principles and procedures for the preparation and implementation of contracts to […]

AN EFFECTIVE ALTERNATIVE FOR COMPANIES WHO HAVE DIFFICULTY TO RECEIVE LETTER OF GUARANTEE FROM BANKS: SURETY BOND

The financial problems experienced by the capital companies due to the economic difficulties experienced at the global level due to the coronavirus (COVID-19) epidemic, and the fluctuations in the markets in the pre-epidemic-period, have required the search for different guarantee alternatives. Because of the fact that banks have refused to issue letters of guarantee recently […]

EFFECTS OF REMOTE WORKING MODEL ON OBLIGATIONS UNDER THE PERSONAL DATA PROTECTION LAW

Several measures are taken in our country to prevent the spread of Coronavirus (Covid-19) epidemic, which is effective all over the world. Within the scope of these measures, many employers have implemented different measures to protect the health of their employees, customers, visitors, business partners and their families. One of such measures is the remote […]

PROTECTION OF PERSONAL DATA DURING CORONAVIRUS (COVID-19) EPIDEMIC

PROTECTION OF PERSONAL DATA DURING CORONAVIRUS (COVID-19) EPIDEMIC The Coronavirus (COVID-19) epidemic, which is effective in our country, has significantly affected the economic and social life, as well as brought some questions and problems in the world of law. In many areas from business law, commercial law, contracts law to corporate law, current law provisions […]

WHAT ARE THE CONDITIONS TO BENEFIT FROM THE RIGHT TO THE RIGHT TO POSTPONE PAYMENTS ARISING FROM SALES AND RENTAL OF STATE-OWNED REAL ESTATES?

Law No. 7244 (“Law”), which is aimed to reduce the negative effects of Coronavirus (COVID-19) on economic and social life, was entered into force by its publishing in the Official Gazette dated 17 Nisan 2020 and numbered 31102. In accordance with Article 1 of the Law, the payments to be made to the Treasury and […]

WHAT SHOULD THE EMPLOYERS TAKE INTO CONSIDERATION WHILE APPLYING DIFFERENT WORKING METHODS DUE TO CORONAVIRUS (COVID-19)?

Due to the Coronavirus (COVID-19) epidemic in our country, many employers apply different working models in order to protect the health of their employees and the society and also are in different quests to ensure the continuation of the existing personnel employment despite of the decrease in the volume of their businesses. In that respect; […]

WHAT ARE THE REGULATIONS INCLUDED UNDER LAW NO. 7244 ON REDUCING THE NEGATIVE EFFECTS OF CORONAVIRUS (COVID-19) ON ECONOMIC AND SOCIAL LIFE?

Law No. 7244 (“Law”), which is aimed to reduce the negative effects of Coronavirus (COVID-19) on economic and social life, was entered into force by its publishing in the Official Gazette dated 17 Nisan 2020 and numbered 31102. Within the scope of the said Law; many regulations are imposed in different areas to support the […]

WHAT IS THE EFFECT OF CORONAVIRUS (COVID-19) EPIDEMIC ON THE GENERAL ASSEMBLY MEETINGS OF THE JOINT STOCK AND LIMITED LIABILITY COMPANIES?

The measures taken in our country due to Coronavirus (COVID-19) epidemic, definitely affect the internal operations of joint stock and limited liability companies. In particular, the curfews and the restrictions on meetings and gathering in crowded environments make it difficult and even impossible to physically gather the general assemblies of companies. So, what are the […]

DOES CORONA VIRUS (COVID-19) PANDEMI CONSTITUTE A FORCE MAJEURE EVENT UNDER RECENT GOVERNMENT DECREES?

As the Coronavirus (Covid-19), which has started in Wuhan, China and spread to the whole world within a short time, become effective within Turkey, the Turkish Government has announced some measures to prevent the spread of the epidemic and these measures affect especially the employers in the private sector.  At this point; everyone engaged in […]