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FREQUENTLY ASKED QUESTIONS

Your Questions

Below you will find answers to the most frequently asked questions about legal processes.

General Questions

What does the online consultation service cover?
Our firm provides online legal consultation via WhatsApp, telephone and video conference. This allows us to serve clients abroad without interruption.
Our team includes an attorney who speaks Persian (Farsi) and English. Iranian and Persian-speaking clients receive legal advice in their native language.
Legal fees are set in a meeting according to the nature of the work, the scope of the case and the work involved, and are agreed in a written engagement contract. The agreed fee may not be lower than the Minimum Attorney Fee Tariff published each year by the Union of Turkish Bar Associations (Attorneyship Law No. 1136, Art. 164). Court costs such as fees, expert reports and service of documents are separate from the attorney's fee.

Divorce and Family Law

Uncontested divorces are usually concluded within 1-3 months. Contested divorces may take 1-3 years, depending on the complexity of the case and the court's workload.
It is sufficient for jurisdiction that one of the spouses lives in Türkiye or that the marriage took place in Türkiye. The originals of the passport, the marriage certificate and any apostilled documents are required when filing.
During divorce proceedings, custody is decided with the best interests of the children in mind. The court may also award interim, poverty or child support maintenance for the spouse and children.

Immigration and Foreigners' Law and Citizenship

The employer files the application. If the foreign national is in Türkiye with a valid residence permit, the employer applies directly through the e-İzin system of the Ministry of Labour and Social Security; if the foreign national is abroad, they first apply to a Turkish consulate and the employer completes the e-İzin application with the reference number obtained. Complete applications are decided by the Ministry within 30 days. For details, see our Guide to Work Permits for Foreigners.
It requires purchasing real estate worth at least USD 400,000, making a fixed capital investment of USD 500,000, or depositing USD 500,000 in a bank. The process takes between 6 months and 1 year.
Requirements vary by type, such as short-term, family or student residence permits; the basic requirements are valid health insurance, a declaration of accommodation and documents proving sufficient means of subsistence.

Employment Law

An employee who has worked for at least 1 year is entitled to severance pay. Depending on how the contract was terminated, notice pay, overtime, pay for unused annual leave and bad-faith compensation may be claimed.
After the accident, once the Social Security Institution (SGK) has made its findings and the degrees of fault have been determined, a compensation action can be brought against the employer.

Tenancy and Real Estate Law

For residential properties, the increase may not exceed the previous year's consumer price index (TÜFE) rate. The parties may agree on a rate below TÜFE but cannot exceed the legal limit. Different rules apply to commercial leases.
An eviction action may be brought on legal grounds such as non-payment of rent, the landlord's need for the property, expiry of the ten-year extension period, or an eviction undertaking.
It is the tenant's written undertaking to vacate the leased property on a specific date. To be valid, it must be signed on a date after the lease agreement.

Inheritance Law

Action for abatement (tenkis): 1 year from the date of knowledge and 10 years from the death. Action for recovery of the estate (istihkak): 1 year against persons acting in good faith and 20 years against persons acting in bad faith.
This document, which proves that a person is an heir, can be requested from notaries or from the Civil Courts of Peace (Sulh Hukuk Mahkemesi). Where a foreign element is involved, the court route should be followed.
Heirs may renounce the inheritance by applying to the court within 3 months of the date of death.

Traffic Accidents and Compensation

Turkish Citizens and Foreign Nationals Have the Same Rights, and the Same Procedures Apply in Traffic Accidents

If there are injuries, medical expenses, compensation for incapacity to work (temporary or permanent) and non-pecuniary damages may be claimed. In fatal accidents, relatives become entitled to compensation for loss of financial support, funeral and burial expenses, and non-pecuniary damages.
The party with no fault or less fault in the accident may claim the drop in their vehicle's market value caused by the accident (loss of value) from the other party's compulsory traffic insurance (ZMSS). The application should generally be made within 2 years of the accident.
For claims for pecuniary and non-pecuniary damages arising from motor vehicle accidents, the limitation period is, as a rule, 2 years from the date of the accident. However, if the accident also constitutes a criminal offence (such as an accident causing injury or death), the criminal limitation periods apply, which can range from 8 to 15 years.
The degrees of fault in the accident report can be challenged within the legal time limits from service of the report, either through the Insurance Information and Monitoring Centre (SBM) or by bringing an action directly before the Commercial Courts of First Instance (Asliye Ticaret Mahkemesi).
If the amount paid by the insurance company does not cover the actual loss, an application may be made to the Insurance Arbitration Commission (Sigorta Tahkim Komisyonu) or an action may be brought for the remaining balance.
The insurance company pays the injured third parties, but if the driver is grossly at fault or over the legal alcohol limit, it claims the amount paid back from its own insured (by way of recourse).
If the parties can agree at the scene, they can fill in and sign the 'Property Damage Traffic Accident Report' themselves. However, in situations such as injury, damage to public property or one of the parties not having a driving licence, the police or gendarmerie must be called.
Where the vehicle responsible cannot be identified or is uninsured, compensation for bodily harm (death and injury) can be obtained by applying to the Guarantee Account (Güvence Hesabı).

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