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Eglegal

Community Lawyer
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    Turkey

Eglegal last won the day on December 13 2021

Eglegal had the most liked content!

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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. Dear Derek, I am so sorry for saying that but same sex marriage is not recognised as a "marriage" under Turkish law. Regards,
  2. Dear Mrs, Please do not hesitate to raise your questions regarding the divorce matter under this post. Me and other friends here would be happy to advise you for the best way to get it done. Regards,
  3. Dear Fada, We have also read such news, but to my understanding, it seems to be nothing but a political message. Because it is simply not realistic to legally enforce in practice. The reason why, no government officer has the right to ask you if you had a Syrian citizenship when you are doing a property purchase application with your EU passport. That does not make sense. Plus, even if you are asked, then you have no obligation to disclose your other nationalities (Inc. Syrian or others) but you can simply say "Please, proceed with my EU passport". That's it. Regards,
  4. Vickie, Unfortunately, in your case, landlord is entitled to ask you the increased rent difference retroactively. Landlord does not have to give you a prior notice or ask your consent to apply increase, if the annual increase clause is in place under the contract. There are supreme court precedents for similar conflicts. (T.C. YARGITAY 6.HUKUK DAİRESİ ESAS NO: 2014 / 4257 KARAR TARİHİ: 08.05.2014, KARAR NO: 2014 / 5925) Regards,
  5. This is a sufficient legal ground for the landlord to claim increase. You are obliged to comply with the contractual terms. CPI moving average now works for the interest of the tenant, given the fact that actual inflation in the country is not less than %50 but the official CPI moving average is around %17-18. It means that landlord is not entitled to claim any increase beyond %17-18 annually. Best Regards,
  6. Hello Vickie, I have just read your message. There is no such a law which states that the rental fee shall be automatically increased (with certain rates), unless otherwise explicitly written under the contract. In other words, tenant is only responsible to make the same payment that is agreed under the contract. However, in practice, almost exclusively there is a clause which refers to the annual increase rate under the rental conracts. Thus, I would recommend you to take a look once again to make sure there is no reference at all. But as I have just said, it is so simple; if there is no increase clause, there is no automatic increase. Best Regards,
  7. Dear Graceanna, You are entitled to ask for a full refund, given the fact that initial payment was a deposit to book a surgery which take place on December 28, 2021. Should you have no progress on communications, you can consult to a legal practitioner here in Turkey. As the amount of the fund is not that high, I believe an out of court settlement seems to be very likely to reach with the doctor office. Otherwise, they would end up incurring at least 5 times higher costs if you go to court. Regards,
  8. 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,
  9. 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,
  10. 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,
  11. 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,
  12. 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,
  13. 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,
  14. 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.
  15. 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,
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