FREQUENTLY ASKED QUESTIONS

daktilo_faq_Eng

How can I marry if I am under 18?

A minor who is 17 years old will be able to marry with parental consent. According to the Turkish Civil Code,

Where can I apply in order to get married?

According to the Turkish Civil Code, the authorized places for marriage are municipalities. the application for marriage can be done at the municipality of the province or district where one of the spouses resides.

Which documents are required to apply for a marriage?

Various documents are requested from the couples in the applications for marriage. The documents that need to be submitted to the relevant departments of the municipalities are reported in the list below.

What are the documents required for wedding witnesses?

Wedding witnesses which are at legal age can be determined at the time of the wedding ceremony. It is obligatory for the wedding witnesses to show their ID number and to mention their address.

What are the barriers to marriage?

According to the Turkish Civil Code, people who are related to each other by blood ties up to 2 degrees cannot marry. Examples of these are siblings, father, grandchild, uncle, niece and aunt.

Is It Necessary To File A Separate Case For Goods Acquired Before 2002?

In divorce cases filed after January 1, 2002 (if the contract has not been concluded within 1 year), the old property regime is applied from the date of marriage until January 1, 2002, and the legal property regime is applied fromase.

What can I do about domestic violence?

People who are exposed to domestic violence can benefit from many facilities. Although the concept of domestic violence has not yet fully developed in our society, we will explain your legal rights and resources you can rely on in detail under this heading. We hope that this concept ​will be used more effectively and actively in the near future.

I am experiencing domestic violence, which laws can I benefit from?

Although there are provisions in special Laws, the laws regulating

What is domestic violence?

According to the definitions made in the Law on the Protection of the Family and the Prevention of Violence Against Women; “Attitudes and behaviors that are applied to women simply because they are women or that cause a violation of women's human rights by gender-based discrimination fall under the definition of Violence Against Woman."

What are the conditions of the eviction lawsuit due to breach of contract (lease agreement)?

Pursuant to the provision of Article 316 of the Turkish Code of Obligations, the lessee is obliged to use the leased property with care in accordance with the lease contract and to show the necessary respect to the residents and neighbors.

What does the right to hire a lawyer mean?

A person facing an accusation has the right to hire a lawyer. The accused or suspect cannot be obliged to speak when the lawyer is not at present. If he or she does not have the money to hire a lawyer he or she can request a lawyer from the bar association. Before each investigation, the accused or suspect must be reminded of this right.

How long can a person be detained?

Custody is the temporary restriction of the freedom of the arrested person within the legal period until he or she is brought before the authorized judge or released, in order to complete the proceedings against him or her.

What is the Code of Criminal Procedure?

The Code of Criminal Procedure (CMK), which entered into force on 1 June 2005 states how the criminal procedure will be conducted,

What Kind of Different Roles Can Turkish Investment Support and Promotion Agency (TYDTA) Play

What Kind of Different Roles Can Turkish Investment Support and Promotion Agency (TYDTA) Play to Facilitate Your Business in Turkey?

TYDTA is Turkey's official and national investment support and promotion agency, providing one-stop services to domestic and foreign investors. Some of the services provided by the institution are:

- Providing assistance to foreign investors along the path to be followed in t

What is the Company Establishment Procedure in Turkey?

With the new FDI Law, the number of steps to be followed to start a business has been reduced and simplified and the company registration process has been rearranged.

What is the procedure to be followed in order to operate in the free zone?

What is the procedure to be followed in order to operate in the free zone?

What is the procedure to be followed in order to operate in the free zone?

In order to operate in free zones, an Operating License must be obtained from the Free Zones General Directorate of the Under secretariat of Foreign Trade. To obtain an operating license the following requirements must be met;

What are the advantages of free zones?

The advantages of free zones are that the operation licenses are given for a long duration. In this respect an Operation License is given for the duration of;

Is There a Legal Framework Regarding Foreign Direct Investments?

The newly enacted Foreign Direct Investment Law clearly reflects the balanced and liberal approach Turkey has adopted towards international investments. This law, with its full disclosures, is a legal guide to international investors regarding their rights and obligations.

What are the Main Features of Labor Legislation in Turkey?

n Turkey, it is possible to work a maximum of 45 hours a week, and if all parties agree, the total working hours can be divided in different ways over a working day, provided that it does not exceed 11 hours per day.

Is It Possible to Employ Foreign Personnel in Turkey?

Foreign personnel can be employed in Turkey.

What is the Procedure to Be Followed to Open a Liaison Office?

In order to open a liaison office in Turkey, the following documents must be submitted to the Under secretariat of Treasury and the General Directorate of Foreign Investment:

What are the differences between Limited Company and incorporated company?

Limited Company is established by two or more real or legal persons under a trade name; It is the type of company whose responsibilities are limited to the capital they undertake to put in and whose basic capital is certain. Its minimum capital is 5,000,00 YTL. It cannot issue securities such as stocks and bonds, it cannot engage in intermediary activities,

What is unemployment insurance?

It is a compulsory insurance branch established by the State which prevents unemployed persons and their family members from falling into a difficult situation by partially covering their income losses.

In which situations can you benefit from unemployment insurance?

For those who have paid a premium for at least 600 days in the last three years, for 120 days before the termination of the service contract, and become unemployed not due there own fault.

What does property separation mean?

With the 2001 Civil Code Amendment, if the spouses have not signed a contrary contract, the legal property regime to be applied is the regime of participation in the acquired property.

What is material and moral compensation in divorce?

Material compensation refers to the material damages suffered due to marriage and divorce. Moral Compensation refers to the emotional damages suffered due to marriage and divorce.

What are the conditions for obtaining material compensation?

In order to claim material compensation in divorce cases, a divorce case must be filed first.

What are the conditions for moral compensation?

Even though the concept of moral compensation has not yet developed in Turkish Law, it is a type of compensation that is decided by the court in case of divorce cases. Moral compensation cases cannot be used as a means of enrichment.

What is custody?

In short, as a subject of family law custody is the right of guardianship which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care until he or she turns 18.

What is the Property regime?

The property regime is a form of agreement made by the parties regarding the division of their property in the event of the termination of the marriage due to reasons such as divorce, annulment or death.

How many property regimes do we have in our Civil Code?

There are four property regimes in the Civil Code:

What does Legal Property Regime mean?

If the parties have not chosen one of the above stated property regimes and or did not conclude a contract before or after marriage about the property regime, the spouses are subject to the legal property regime.

Is there an obligation to choose any property regime when getting married?

No there is no such obligation. If no property regime is selected, the legal property regime shall be applied.

Are those who are still married also subject to this property regime?

The current legal property regime shall be applicable, if the properties were acquired after January 1, 2002.

Where and how is the Property Regime Agreement made?

Property Regime Agreements can be made through lawyers and then notarized or can be made directly at the Notary Public or at the Population Directorates.

What is the 'Participation Regime in Acquired Goods', which is the Legal Property Regime?

What is the 'Participation Regime in Acquired Goods', which is the Legal Property Regime?

How does the Property Regime end?

The property regime ends with:

How will these assets be shared when the marriage ends?

Each spouse will acquire back the property which is in the possession of the ​other spouse. (art. 226 and more)

What is the effect of property regimes on inheritance?

As a rule, the surviving spouse receives a share of the inheritance according to the persons in the group he or she together inherits the property with.

What is the Difference Between Contribution Share and Share of Value Increase?

The difference between Contribution Share and Share of Value Increase

What is the Difference Between Equalization and Value Increase?

“If the debts of a spouse regarding personal property are paid from the acquired property or the debts related to the acquired property are paid from their personal properties, an equalization may be requested during the liquidation.”

Can a Claim Be Made Regarding Property That Doesn't Belong to One of the Spouses or that Has Been Disposed?

f you want to claim acquired property, as a rule, the ownership of that property must be in one of the spouses.

In the event that the spouse transfers the ownership of an immovable with the intention of reducing the participation receivable

In the event that the spouse transfers the ownership of an immovable with the intention of reducing the participation receivable, is there also a need to file a lawsuit for cancellation of title?

Can the Creditors of the Debtor Spouse Make a Claim Regarding the Participation Claim?

The right of a spouse to participate before the liquidation of the property regime between the spouses has not been determined yet, and it is an expected right. For this reason

How to Calculate Participation Claim in Case of Adultery?

“In case of divorce due to adultery or intent on life, the judge may decide to reduce or abolish the share of the defective spouse in the residual value in accordance with equity”

What is the Effect of Dissolution of Marriage Due to Death on Property Regime?

In case of death, first of all, the liquidation of the property regime is made, and then the inheritance shares are determined. In cases arising from the inheritance share at the

What Should the Debtor's Spouse Claim in the Payment of the Participation Receivable?

“Participation receivables and share of value increase can be paid in money. In the payment, the version value of the goods is taken as basis.”

What is divorce compensation?

Divorce compensation can be material and non-pecuniary. According to Article 174 of the Civil Code; The faultless spouse of the spouse in less fault whose current or expected interests have been damaged by the divorce may seek appropriate financial compensation from the spouse in fault.

What does the reserved share mean?

A part of the inheritance that is not allowed to be transferred to another person in the testament of the inheritor is called the reserved share.

How is a will drawn up?

A will is a type of testamentary disposition in which persons who have completed the age of 15 and have the power to distinguish, use their right of disposition on their property within the framework of the law.

What is the procedure for foreigners to establish a company in Turkey?

Within the framework of harmonization with the European Union, in 2001, the "Improvement of the Investment Environment in Turkey Reform Program" was adopted and implemented in Turkey.

What are the required documents in the establishment of a limited and incorporated company.?

The documents required in the establishment of a limited company are as follows;

How do foreigners acquire real estate in Turkey?

The rules regarding the acquisition of real estate by foreigners in Turkey have been rearranged. The acquisition of real estate by foreigners in Turkey should be examined under three headings:

How is the acquisition of real estate by foreign real persons?

The acquisition of immovable property by foreign real persons is regulated in Article 35 of the Land Registry Law No. 2644.

How do foreign companies acquire real estate?

The term “foreign company” refers to “trading companies with legal personality established in foreign countries according to the laws of their own country”;

How is the acquisition of real estate by foreign capital companies?

Companies with foreign capital are companies established or participated by foreign investors in Turkey within the framework of the provisions of the Turkish Commercial Code and registered in the Turkish Commercial Registry.

How is a notification made by a foreign country to its own citizen in Turkey?

Provided that the provisions of the agreements and the principles of reciprocity are reserved,

How to make a notification in a foreign country?

Notification in a foreign country is made through the competent authority of that country.

In which cases is it possible for a child born out of wedlock and having a foreign mother to become a Turkish citizen?

A child born out of wedlock to a foreign mother can become Turkish citizens in the following three ways:

  1. a) Correction of lineage,
  2. b) Accruing paternity by decree
  3. c) Recognition

In what ways is Turkish citizenship acquired?

In what ways is Turkish citizenship acquired?

What are the conditions for acquiring Turkish citizenship through marriage?

Marriage with a Turkish citizen does not automatically acquire Turkish citizenship. However, foreigners who want to acquire Turkish citizenship due to marriage with a Turkish citizen must proof that they have been married for at least three years,

What is the procedure for foreigners to marry in Turkey and what are the consequences?

Article 12 of the Law on Private International Law regulates 'Marriage' and Article 13 regulates 'Divorce'.

In which cases is it possible to terminate the lease upon the expiry of the lease term and the notice of termination?

In which cases is it possible to terminate the lease upon the expiry of the lease term and the notice of termination?

What are the conditions of the eviction lawsuit as the new owner?

Starting from the date of acquisition, the new owner will be able to file an eviction lawsuit six months later.

What are the conditions of the case of eviction due to need?

The lessor may file an eviction lawsuit within one (1) month from the end of the lease agreement in case he or she or his spouse or children needs the residence or workplace.

What are the conditions of the case of eviction due to unnecessary occupation?

Law No. 6570 does not allow the leased place to be rented out by the tenant (sub-rent) or the tenant's transfer of the right of tenancy (transfer of the lease), unless there is a contrary statement in the lease agreements

What are the conditions of the eviction lawsuit due to the fact that the tenant or his spouse has a residence

What are the conditions of the eviction lawsuit due to the fact that the tenant or his spouse has a residence within the borders of the same municipality?

In the event that the tenant has a residence within the borders of the same municipality as the place of residence, the lessor can always file an eviction lawsuit and request the eviction of the tenant.

What are the conditions of the eviction lawsuit due to two justified notices in one rental year?

Accordingly, at the end of the lease agreement, against the tenant who has rightly caused a written warning twice in a year because he or she has not paid the rent, It is possible to file an eviction lawsuit by the lessor.

What are the conditions for eviction due to reconstruction or major repair?

According to article 7/ç of the Law No. 6570 if it is understood that it is not possible to live or operate during the work for expansion or regulation,