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Eglegal

Community Lawyer
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    Turkey

Eglegal last won the day on August 8

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About Eglegal

  • Birthday 11/11/1980

Profile Information

  • Gender
    Male
  • Location
    Izmir
  • Interests
    Chess, bicycle, basketball, rafting

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  1. Hi there, You do not need to have another divorce in Turkey. Unlike that, we recommend to have the Norwegian divorce recognised by the family court in Turkey, rather than being involved in to another judgment. So basically, what Turkish court would do, is to enforce the Norwegian court order but not to make a new judgment. Should you send a Power of Attorney ("PoA") to a local lawyer here in Turkey, neither of you has to be present here in the court, but your lawyers can represent you fully during the whole judgment. We would recommend both of you send PoAs to the same law office, so it helps to conclude the legal procedures faster, given the fact that we lawyers do not have to make international letter notification to the defendant back and forth. As the Turkish court here does not make a new judgment by collecting evidendes, hearing witnesses etc, Turkish court will uphold the same child custody ruling in line with the Norwegian court. So we would not expect any surprise decision when it comes to the custody, considering the fact that a child at the age of 6 needs mother care first. Any questions, please feel free, All the best,
  2. Eglegal

    Where to turn?

    Lucyloo, In order to establish a divorce case on the ground of "desertion", you have to be invited to get back home via notary public notification or a court order, otherwise it is deemed that the pre-conditions necessary for the case have not been met. I would recommend you to update your address by contacting the Turkish Consulate, as your (ex)-husband might try to do newspaper notification which you may not be aware of and he can succesfully proceed. It is good to register your new address by the Turkish government which helps you to make sure that any official paper is to be sent to your UK address first before any newspaper notification, so you would have the right to defense yourself. All the best,
  3. Dear friends, I would recommend you to file a complaint against the hospital&doctors by the Ministry of Health. They prombtly initiate an investigation to collect the facts and send it prosecution office for legal procedures if they have found guilty. You can directly file a complaint against the doctor & hospital by submitting a written paper to the prosecution office (cumhuriyet savcılığı), too. Prosecution offices are located in any of the court houses. For the damage claims, it is recommended to consult to a legal practitioner who is expert at malpractice cases. Best,
  4. Dear Entrepreuner, There is an online database which you can reach the information of all registered companies, their representatives, address, tax number etc. Here is the link you can check; https://mersis.gtb.gov.tr/# But I am not sure if it is accessible without Turkish E- Government credentials, so if you can't proceed, just let me know I would be happy to share information with you. On the other hand, as a legal practitioner in Turkey, I would recommend you not to make any upfront payment without making sure that you are on safe side. Even sometimes you may not be in %100 secure position where you have a legal contract between you and the seller. Indeed, some other legal tools might be necessary to use. It is essential to seek a professional advise at this phase of your purchase. Regards,
  5. Mimi, The main reason why the property prices have significantly increased is because of the destructive inflation rate on the Turkish Lira over the past couple of years. Due to the nature of the inflation of the local currency, properties are not the only one whose price have changed but all items that are subject to purchase is no longer at reasonable prices. When it comes to a comparison between Kusadasi and Izmir, it is more of an apples & oranges topic. You can compare Kusadasi with other seaside towns, such as, Didim, Cesme, Bodrum etc. but Izmir is not a good versus against Kusadasi, given that it has around 5 million population and offers many opportunities such as job, events etc, but on the other hand you can't find the same peace and chill life style that you can experience in small seaside towns like Kusadasi, Didim etc. So, it is more of a choice between living in downtown and country side, where both have advantegous & disadvantageous. Please share with us if you have any specific questions, I would be happy to share my personal experiences as a local person living in Izmir. Good luck,
  6. MrMan, Thanks for your message. As you and Ken have discussed with details, landlords right to increase rent is limited to the extent of consumer index rate ("TÜFE" in Turkish language). In your example, your calculation which you posted with a screenshot seems to be accurate. Thus, legally speaking, as long as you make the payment with TÜFE index increase once per year, then landlord has no legal ground to take a legal action against you. What landlord can do is, if he/she believes that the rent that you are currently paying is much lower than market price of other similar units, then landlord can go to court and ask judge to do adjustment (increase) over the rate. However, this is quite an exceptional legal way which could be used if the circumstances have been significantly changed since you made the contract in the beginning, for e.g, a new road / an underway metro / a shopping mall has been opened around the unit etc. All the best,
  7. That is a very good question which is why a legal representative here in Turkey is extremely important to act on your behalf. A legal representative in Turkey would help you to secure your position by taking the fund into its trust account and would not release it until all procedures have been completed. We urge our clients not to do full payment directly to seller's account until official papers are ready by the property title deed (tapu) office. Besides, it is also very important to have a proper legal audit over the unit if there is any charge/encumbrance or other negative records which reduce the value of the target property. Indeed, you might be interested in buying a property (by doing online check over the listings, pictures etc), but it may turn out that that property has charges (mortgage, bank loan, 3rd person claims etc) on the official records which the debt is sometimes equal to the purchase price. As a result of the title transfer, you become the debtor against 3rd parties as the new property owner and this happens to be devastating.
  8. Hi Selim, Hope you are doing well. Translation, notary certification and Apostill needs to be done in an accurate order to make it work. Apostille stamp works for the authenticity verification of Non-Turkish documents. For instance, when you do Apostille stamp on a UK originated paper (for e.g British birth certificate, UK passport) through the relevant UK authority, it means that document has passed the authenticity test and now it can be subject to automatic recognition by the Turkish Authorities. The reason why you need a follow up translation&notarization, it is because of the Apostilled certified document is still not in Turkish language, therefore you need to do the translation&notarization through a notary in Turkey or the notary in Turkish Consulate. Best way is to contact Turkish Consulate and ask them to give you the names and contact details of the accredited translators to have the translation&notarization completed. This has been a quite controversial topic which we discussed it couple of times with Turkish authorities before for my clients. Their answer was, yes, a UK born&raised citizen has to fulfill his military service after he has become a Turkish citizen which their reasons was based on various grounds. However, as you referred above, even if it is deemed that you are fit for military service, then you are entitled to use your "Bedelli Askerlik" - "Paid service" call option where you pay certain amount of money and joined the army for a very limited time (around a month) for learning basic army principles. So that's not a big of a deal any more. All the best,
  9. Eglegal

    Tipping

    There is no standart at tipping in Turkey, like US, but mostly %10 would be fine for most of the services, inc. food delivery, restaurant table service etc.
  10. Dear noor12345, Hope you are doing good. A101 and BIM do work and grow up on franchise business model, unlike other chain shops like Starbucks, McDonalds etc. For this reason, individuals are not authorized to open up new A101 and BIM shops. Besides, A101 is not a listed company but BIM is a listed company under Turkish Stock Exchange (BIST). Thus, for those who believe that a financial investment to BIM is a brilliant idea, can buy shares from the stock exchange which is very common and convenient. All the best,
  11. Hello, Divorce decree ordered by the Turkish Court becomes "absolute" if plaintiff and/or defendant do not appeal it within 2 weeks period of time. However, you need to make sure divorce paper is delivered to other party as well, given the fact that divorce decree can't be absolute ("final and binding") if 2 weeks appeal right has not been granted for both party properly. You do not need to apply for a decree absolute, as the court automatically notifies ID authority about the divorce to update your marital status. But, on the other hand, if you need a proof of paper to show your divorce status in UK for some official reasons then you might need to collect a copy from the family court in Turkey and have it certified with Apostille stamp. All the best,
  12. Hello Vu8, Yes, it seems to be the best way for 2 important reasons, which the 1st one you would be able to see the property in person given that internet listings do not always reflect unit's actual conditions, qualifications etc, while the 2nd one as you meet the owner in person, you can give it a try to do some further price negotiations. There is usually a gap at the listing price which usually varies between %1-10. Good luck with your market search All the best,
  13. Hi JT, Wish you and your fiancée best of luck at your relocation plan to Turkey. Bodrum/Mugla is definitely a nice spot to settle I am afraid that would not be very easy for a non-Turkish citizen who does not reside in Turkey and do not have prior credit score to a get mortgage loan. You might think that there is no risk for the bank, given that they take the property as "security" for a possible failure of you not returning the loan, but in practice that does not work like that. Banks requires a good credit score, along with the property security. I also heard that in some cases, newcomers use their home country bank's as a guarantor to that mortgage loan and invite them to the table when they are discussing the terms with the Turkish bank. One of my clients managed to get a mortgage loan successfully after 3 years she has started residing in Turkey and becomes a tax payer. Good luck !
  14. I am so sorry for your loss. Let me briefly advise you in this matter; Properties in Turkey are registered to Real Estate Office "REO" (Tapu Sicil Mudurlugu, in Turkish) where you can reach all the records, including ownership, charges etc. So, the right place to locate your property is a REO. We, lawyers, are authorized to conduct a property search without limitation, however, you need to prove that you are one of the heirs of your late mother with a written document (for e.g certificate of inheritance "CoI"). Otherwise, officers would probably not allow you to do property search by name-surname due to privacy restriction. At the next step, after you find out the details of the property, you need to initate the procedure which helps you to do the transfer of the title (tapu) to heir's name. For this purpose, main document that you need would be a "CoI". With a presumption that your mother was not a Turkish citizen, you need to file a case before 1st Instance Court (Sulh Hukuk Mahkemesi) in order to have a court decree which helps you to do the work at the REO. Once you have the court decree, then you are good to go to Tax Office where you pay Inheritance Tax (if any tax is due). IF there is no due tax, then they give you a paper which states that you are free from inheritance tax and can proceed to the final step, namely the transfer of the property to your names by the REO. As referred to in the preceding paragraph, final step is the REO where you apply to do the transfer of the unit to your name, along with the court ruling as well as the tax office paper. As you would understand, that is quite a complex legal procedures for those who do not have an adequate experience on the inheritance law and its practices here in Turkey. Therefore, I would personally recommend you to consult a law firm who has experience in this field.
  15. Exactly. Banks have no interest to confiscate their customers properties. They exercise that right as a last resort when you fail to repay. Buying/selling property is not the type of business which the banks prefer to engage. It is a risk for a bank if they couldn't manage to convert property into cash on time.
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