2. Our Publications

Our Publications

Tercan Law Firm provides services with an expert, experienced and dynamic team in their field. Our lawyers, each with deep knowledge in their own field of expertise, work to provide our clients with the most effective and reliable legal solutions.

Worker Rights in Remote Work

Worker Rights in Remote Work

WORKER RIGHTS IN REMOTE WORK Employee's Legal Safeguards, Fundamental Rights, and the Supreme Court's Approach Series: 3 / 4 Labor Law & Remote Work Attorney & Mediator Fatih Mehmet TERCAN info@tercanhukuk.com | 0532 511 84 02   1. INTRODUCTION Since remote work implies the employee working away from the direct supervision of the employer, the issue of protecting worker rights holds special importance from both practical and legal perspectives. The absence of a physical work env
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Employer Obligations in Remote Work

Employer Obligations in Remote Work

EMPLOYER OBLIGATIONS IN REMOTE WORK Legal Obligations, Supreme Court Decisions, and Points to Consider in Practice Attorney & Mediator Fatih Mehmet TERCAN info@tercanhukuk.com | 0532 511 84 02 1. INTRODUCTION In a remote work relationship, the employer must fulfill their obligations from a different perspective since they cannot directly supervise the employee's physical work environment. The Labor Law No. 4857 and the Remote Work Regulation dated 10.03.2021 have imposed various responsib
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Why is Spousal Consent not Required for Aval?

Why is Spousal Consent not Required for Aval?

WHY IS SPOUSAL CONSENT NOT REQUIRED FOR AVAL? An Evaluation in Light of the Decision of the Supreme Court Joint Chambers (Grand General Assembly of Unification of Jurisprudence) (20.04.2018, E.2017/4, K.2018/5) Attorney - Mediator Fatih Mehmet Tercan info@tercanhukuk.com 1. Introduction In Turkish law, the requirement of obtaining the written consent of the other spouse for one of the spouses to become a guarantor is guaranteed by Article 584 of the Turkish Code of Obligations (TCO) No. 6
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Key Differences Between Guaranty and Aval

Key Differences Between Guaranty and Aval

KEY DIFFERENCES BETWEEN GUARANTY AND AVAL A Comparative Legal Analysis of Personal Security Institutions Attorney - Mediator Fatih Mehmet Tercan info@tercanhukuk.com   1. Introduction Guaranty (kefalet) and aval (aval) are two fundamental legal institutions aimed at providing personal security (şahsi teminat) in Turkish law. Both represent obligations undertaken by third parties to secure a debtor's obligation. However, it is observed that these two institutions differ significantly in t
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Remote Work

Remote Work

REMOTE WORK Legal Foundations, Legislative Framework, and Contractual Elements Attorney & Mediator Fatih Mehmet TERCAN info@tercanhukuk.com | 0532 511 84 02 1. INTRODUCTION 1.1. Definition and Scope of Remote Work Remote work is a working model based on the principle that the employee performs their work obligation outside the workplace, at home, or via technological communication tools, within the scope of the work organization created by the employer. In this model, the employee perfor
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Establishing an Association in Turkey

Establishing an Association in Turkey

LEGAL GUIDE Guide to Establishing an Association in Turkey Legal Process and Points to Consider ──────────────────────────────────────── Attorney Arb. Fatih Mehmet Tercan info@tercanhukuk.com 0 532 511 84 02   CHAPTER 01 What is an Association? Legal Definition and Importance An association is a non-governmental organization with legal personality, formed by at least seven real or legal persons coming together to realize a specific and common objective that is not prohibited by la
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Legal Issues in the Practice of Remote Work

Legal Issues in the Practice of Remote Work

LEGAL ISSUES IN THE PRACTICE OF REMOTE WORK Practical Disputes, Supreme Court Decisions, and Solutions Series: 4 / 4 Labor Law & Remote Work Attorney & Mediator Fatih Mehmet TERCAN info@tercanhukuk.com | 0532 511 84 02   1. INTRODUCTION The widespread adoption of remote work and the recent implementation of legislation in practice bring many unresolved issues to the agenda. The number of cases brought before labor courts is increasing every year, and the Supreme Court continu
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Aval in Bills of Exchange

Aval in Bills of Exchange

AVAL IN BILLS OF EXCHANGE: Its Legal Nature, Form, and Importance in Practice An Evaluation Within the Scope of Articles 700-702 of the Turkish Commercial Code Attorney - Mediator Fatih Mehmet Tercan info@tercanhukuk.com   1. Introduction The need for trust and guarantee in commercial life has given rise to aval, a unique guarantee institution for bills of exchange. Although it carries the nature of a personal guarantee like a surety, aval differs from suretyship by being an abstract
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Surety Agreement and Spousal Consent Requirement

Surety Agreement and Spousal Consent Requirement

SURETY AGREEMENT AND SPOUSAL CONSENT REQUIREMENT An Evaluation Within the Scope of Articles 582-584 and 603 of the Turkish Code of Obligations Atty. Med. Fatih Mehmet Tercan info@tercanhukuk.com 1. Introduction The surety agreement is one of the most deep-rooted and frequently encountered personal security institutions in the law of obligations in practice. Resorted to in many areas from banking transactions to lease agreements, and from commercial loans to cooperative financing,
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Legal Assessment on the Regulation of Direct Sales Dated 8 August 2025 and Its Impact on the Sector

Legal Assessment on the Regulation of Direct Sales Dated 8 August 2025 and Its Impact on the Sector

Executive Summary The Regulation on Direct Sales, published in the Official Gazette on August 8, 2025, is the first comprehensive legislation in Türkiye to regulate the direct sales sector in detail. Its purpose is to protect consumers while ensuring that companies operating in the sector work transparently, fairly, and sustainably.   Pre-Regulation Situation: Direct sales is a sales model in which products or services are delivered to consumers through independent representatives, without i
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Right of Termination in Package Tour Contracts

Right of Termination in Package Tour Contracts

Right of Termination in Package Tour Contracts This article discusses the consumer’s right to terminate a package tour contract under Law No. 6502 on the Protection of Consumers and the Regulation on Package Tour Contracts. According to the legislation, consumers may cancel the contract without providing any justification and without penalty if the cancellation is made more than 30 days before the start of the tour. For cancellations made less than 30 days in advance, the cancellation fee rate
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Late Delivery in Mass Housing Projects

Late Delivery in Mass Housing Projects

In mass housing projects, the failure to deliver residential units by the date specified in the contract (i.e. late delivery) is a frequently encountered problem today. Especially in consumer law, the delays in delivery give rise to significant losses for buyers and implicate important legal rights. This article examines the legal consequences of late delivery, the rights of the consumer, in light of Turkish Court of Cassation (Yargıtay) case law. Additionally, key issues such as contract termin
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Rights of Municipal Employees

Rights of Municipal Employees

Rights of Municipal Employees and What a Municipal Worker Can Do in Cases of Unjust Termination Many individuals working in municipalities under subcontractor (sub-employer) or temporary employee status are in a weak position regarding job security. Due to political changes in local administrations or budget constraints, they may experience unjust dismissals. Turkish labor legislation grants various rights to protect such workers. Pursuant to Labour Law No. 4857 and related regulations, municip
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The Strengthening Option in Urban Transformation

The Strengthening Option in Urban Transformation

Is Demolition the Only Way in Urban Transformation? The Strengthening Option and Its Legal Basis Besides demolishing and reconstructing existing buildings, strengthening (retrofitting) is also a crucial option in urban transformation. But how is building strengthening addressed legally, and can it be a viable alternative to demolition? Below, we examine the answers to these questions in light of relevant laws and court decisions. Strengthening Decisions Under the Condominium Law The process o
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Collection of Penalty from Employee Due to Breach of Employment Contract and Non-Competition Agreement

Collection of Penalty from Employee Due to Breach of Employment Contract and Non-Competition Agreement

Introduction In labor law practices, the employer is granted the right to compensation in the event of the employee's unfair termination of the employment contract or violation of the non-competition clause. Within this scope, certain obligations may be imposed on the employee by the employment contract or a separate non-competition agreement drawn up between the parties, and a penalty clause may be agreed upon in the event of violation of these obligations. These agreements include non-competi
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Abandoned Properties

Abandoned Properties

I. Dictionary and Legal Meaning The term "Emval-i Metruke" refers to “abandoned, left behind, and ownerless properties.” Literally meaning “abandoned or deserted properties,” emval-i metruke is defined in doctrine and court rulings as “properties left behind by those who were relocated due to political and administrative necessity determined by the government, those who deserted their place of residence and became missing or fugitives, those who fled to foreign countries, or those who fled to a
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Land Share Adjustment

Land Share Adjustment

Lawsuit for Correction of Land Share in Apartments Not Proportional to Their Value What is Land Share and Why is it Important? Land share refers to the ownership share of each apartment in an apartment building on the main plot. According to the Law on Condominium Ownership, when condominium ownership is established in a building, each independent section (apartment) is given a land share proportional to the value of that apartment. In other words, the floor where the apartment is located, its
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Cancellation of Taxpayer Registration

Cancellation of Taxpayer Registration

Cancellation of Taxpayer Registration In order to prevent the risk arising from the continuation of forged document issuance activities until the completion of the inspection of taxpayers who are referred to tax inspection, and to prevent tax loss due to such actions during this process, the tax administration has been granted the authority to take precautionary actions and cancel the taxpayer registration of those taxpayers who are deemed to have a high risk of issuing forged documents, withou
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Transfer of Cryptocurrencies

Transfer of Cryptocurrencies

The Transfer of Crypto Assets Through Inheritance in Turkish Law Introduction Crypto assets (such as cryptocurrencies, tokens, and similar digital assets) are digital values created using blockchain technology and secured through cryptography. Cryptocurrencies like Bitcoin (BTC) and Ethereum (ETH), which have become widespread globally, operate without being tied to a central authority. The legal status of crypto assets in Turkey is not yet clearly defined. Although regulations issued by the C
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Inheritance and Transfer Tax

Inheritance and Transfer Tax

The Legal Nature and Application of Inheritance and Transfer Tax under Law No. 7338 Introduction Inheritance and transfer tax is a type of tax levied on the acquisition of property through inheritance or gratuitous transfer upon a person's death. In Turkey, this tax is regulated by the Inheritance and Transfer Tax Law No. 7338 ("VİVK"), enacted in 1959. The law covers both transfers due to death (such as inheritance and wills) and gratuitous transfers made during lifetime (such as gifts, donat
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The Concordat Process in Light of the Current Directive of the European Union (2022/0408)

The Concordat Process in Light of the Current Directive of the European Union (2022/0408)

The Concordat Process in Light of the Current Directive of the European Union (2022/0408)[1] The directive prepared by the European Union to make certain regulations regarding bankruptcy law and to standardize these regulations addresses the issue from four important perspectives. These are as follows; Area of ​​Regulation Legal Basis and Applicability Evaluation and Effects for Employers Reflections of Composition and Bankruptcy on the Budget   A Broad Examination of the Concept of
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Cancellation of Taxpayer Registration

Cancellation of Taxpayer Registration

In order to prevent the risks that will arise from continuing to prepare false documents until the examination to be conducted on taxpayers referred to tax audits is concluded and the tax loss arising from the acts of preparing false documents that will continue during this process, the tax administration has been authorized to cancel the taxpayer registration of taxpayers with a high risk of preparing false documents without waiting for a report to be prepared about them, by establishing a prec
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Information Note on Administrative Termination of Construction Contracts in Return for Land Share in Urban Transformation

Information Note on Administrative Termination of Construction Contracts in Return for Land Share in Urban Transformation

INFORMATION NOTE ON THE TERMINATION OF CONSTRUCTION CONTRACTS IN EXCHANGE FOR LAND SHARE IN URBAN TRANSFORMATION BY ADMINISTRATIVE MEANS In what ways can a construction contract in return for land share be terminated? Construction contracts in return for land share can be terminated through the agreement of the contractor and the landowners, if only one party wants to withdraw from the contract and the other party opposes it, through a lawsuit to terminate the contract to be filed in court
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