COMMERCIAL LAW

1. WHAT IS COMMERCIAL LAW?

Commercial Law is a broad field of law that regulates the relations between individuals and businesses engaged in commercial activities and the rules to be applied. Contact for details

1.1. WHAT IS A MERCHANT?

As stated in Article 12 of the Turkish Commercial Code, a person who operates a commercial enterprise, even partially, on his own behalf is called a merchant.

1.2. WHAT IS COMMERCIAL BUSINESS?

The matters regulated under the Turkish Commercial Code and all transactions and acts concerning a commercial enterprise are accepted as commercial business.

2. WHAT ARE THE CHARACTERISTICS OF COMMERCIAL LAW?

-Application of commercial customs and traditions

-Formalism

-Adoption of a protective approach

-Reliance on legal appearance

-Imposing joint and several liability

3. HOW DID COMMERCIAL LAW EMERGE?

Commercial Law has evolved based on customary law. Commercial law emerged with the gradual development of commercial activities and reaching an important dimension.

4. WHICH SUBJECTS ARE REGULATED IN COMMERCIAL LAW?

-Buying and selling transactions in commercial companies

-Unfair competition

-Company law

-Share or transfer transactions

-Covenants in the economic field

-Economic problems in company management

-Capital markets

5. WHAT ARE THE AREAS OF COMMERCIAL LAW?

Commercial Law is divided into six main categories in our law:

5.1. COMMERCIAL ENTERPRISE LAW

5.1.1. WHAT ARE THE CHARACTERISTICS OF A COMMERCIAL ENTERPRISE?

1) Exceeding the limits of tradesmen’s activity

2) Having the purpose of providing income

3) Continuity

4) Independence

According to the Turkish Commercial Code, a commercial enterprise is defined as “an enterprise in which activities are carried out continuously and independently with the aim of generating income at a level exceeding the limit stipulated for a tradesman enterprise”. As can be understood from this definition, in order for an enterprise to be considered a commercial enterprise, it must have the goal of generating income at a level exceeding the limit stipulated for a tradesman enterprise, and must carry out its activities continuously and independently.

5.2. COMPANY LAW

A company is a form of partnership formed by at least two persons by combining goods and labour under a contract. Five types of companies are defined in the Turkish Commercial Code: collective, limited liability, limited liability, co-operative and joint stock companies. Company Law is the set of legal rules regulating the establishment, operation and termination of these types of companies. Company Law is regulated between Articles 124 and 644 of the TCC.

5.3. NEGOTIABLE INSTRUMENTS LAW

Negotiable instruments law deals with legal issues related to negotiable instruments. The law of negotiable instruments includes many sub-headings such as the types of negotiable instruments, their contents, their issuance forms, transfer conditions, collection and pledge conditions. Negotiable instruments law also regulates the conditions regarding negotiable instruments.

5.4. TRANSPORT LAW

Transport law is a branch of law that regulates the legal relations arising during the transport of goods or people from one place to another. Transport law covers transport contracts, liability of transport companies, transport insurance and other issues related to transport.

5.5. MARITIME TRADE LAW

Maritime law is the branch of law that deals with the legal problems arising from the use of sea and ocean waters. Maritime law, on the other hand, is the branch of law that regulates legal transactions related to ships and navigation of ships at sea. According to another definition, maritime trade law is the law that regulates the problems arising from the safety and reliability of the ship, seafarers and the people or cargo carried.

5.6. INSURANCE LAW

Insurance Law is a sub-branch of Commercial Law that analyses the contracts and the rights and obligations arising from these contracts, which aim to protect the interest of the insurer, in return for a premium, against danger and to compensate in the event of the realisation of certain risks, or to protect one or more persons from the risks that may occur in relation to their life span or in their lives and not to be in a difficult situation.

6. TYPES OF COMMERCIAL LITIGATION

6.1. ABSOLUTE COMMERCIAL CASES

These are the types of lawsuits listed in six subparagraphs in Article 4.1 of the Commercial Code. Another part of the absolute commercial lawsuits is determined by referring to the “provisions of special laws” without specifically enumerating them in the Commercial Code. In this context, the types of cases accepted as commercial cases in other special laws other than the Commercial Code are also among the absolute commercial cases.

In accordance with the provisions of the Law, the cases accepted as Absolute Commercial Cases are as follows

1-Cases arising from disputes arising from the matters regulated in the Commercial Code

2- Cases arising from Articles 962-969 of the Civil Code

3- Cases arising from Articles 202-203, 444 and 447, 487-501, 515-519, 532-545, 532-545, 547-554 of the Code of Obligations pursuant to Article 4.1.c of the Commercial Code

4- Lawsuits Arising from Legislation on Intellectual Property Law (TCC 4.1.d)

5- Lawsuits Arising from the Provisions on Stock Exchanges, Exhibitions, Fairs and Markets, Warehouses and Other Places Specific to Trade

6- Lawsuits Arising from Regulations on Banks, Other Credit Institutions, Financial Institutions and Money Lending Businesses (TCC 4.1.f)

7- Lawsuits arising out of the rights arising from the transfer of money order, trust deed and intellectual and artistic works, and which are related to a commercial enterprise

8- Cases deemed to be (Absolute) Commercial by virtue of Special Law Provisions

6.2. NEUTRAL COMMERCIAL CASES

According to Article 4 of the Turkish Commercial Code, lawsuits arising from matters related to the commercial enterprise of both parties are relative commercial lawsuits.

7. WHICH COURT HAS JURISDICTION IN COMMERCIAL CASES?

In the Turkish legal system, the commercial courts of first instance are in charge of commercial disputes. In places where there is no commercial court of first instance, the civil courts of first instance are responsible for these cases.

8. WHAT DOES A COMMERCIAL LAWYER DO? WHAT ARE THE SERVICES THEY PROVIDE?

The lawyer who deals with commercial cases is not only a consultant, but also provides services on the follow-up of the cases that go to judicial proceedings and the positive outcome of the case. The consultancy service provided by the lawyers who look after commercial cases prepares the legal procedures that will take place from the establishment to the development of commercial relations. It follows the lawsuits filed against the commercial company and sues where necessary for the benefit of the company. In addition to customs cases, commercial lawyers also handle cases arising from unfair competition in import and export.

9. WHY SHOULD YOU WORK WITH A COMMERCIAL LAW LAWYER?

It is of great importance to work with a commercial lawyer due to its advantages such as preventing loss of rights, successfully managing the company in a legal manner and preventing problems that may arise.