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The Binding Nature of European Court of Human Rights (ECtHR) Judgments on the Turkish Judiciary: An Analysis from the Perspective of International Law and Constitutional Order
Constitutional Law / International Law
April 23, 2026Adem Aras

The Binding Nature of European Court of Human Rights (ECtHR) Judgments on the Turkish Judiciary: An Analysis from the Perspective of International Law and Constitutional Order

The binding nature of ECtHR judgments on the Turkish judiciary presents a three-layered structure rooted in international law, constitutional order, and domestic procedural mechanisms. Considering the state's international obligation under Article 46 ECHR, the priority granted to international treaties by Article 90 of the Turkish Constitution, and the retrial mechanisms under Article 311 CMK and Article 375 HMK, ECtHR judgments establish an "effective but procedural" regime of bindingness — one that does not automatically repeal domestic legal norms but functions as a strong interpretive standard and legal basis for remedying violations.

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Limits of Administrative Discretion in Deportation Decisions: Constitutional Review in the Context of Proportionality and Non-Refoulement Principle
Administrative Law
April 23, 2026Adem Aras

Limits of Administrative Discretion in Deportation Decisions: Constitutional Review in the Context of Proportionality and Non-Refoulement Principle

Deportation decisions are administrative decisions based on state sovereignty. However, the administration cannot act arbitrarily in these decisions; it must act within certain legal limits. In the Turkish Republic, deportation is regulated within the framework of the Settlement Law, Passport Law, and the Law on Foreigners and International Protection. The limits of administrative discretion in deportation decisions are determined by the Constitution's provisions protecting rights and freedoms (individual petition, right to fair trial, privacy of family life, etc.). The proportionality principle controls whether the deportation decision is proportionate. The non-refoulement principle prohibits sending a person to countries where torture or human rights violations are experienced. The European Court of Human Rights (ECtHR) has made numerous decisions on this matter. This article examines administrative discretion in deportation decisions, the application of the proportionality principle and the non-refoulement principle in detail from the perspective of constitutional review and in light of ECtHR jurisprudence.

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Testator Fraud (Hiding Assets from Inheritance) Cases: Title Cancellation and Registration in Gift-Disguised Sales
Inheritance Law
April 23, 2026Adem Aras

Testator Fraud (Hiding Assets from Inheritance) Cases: Title Cancellation and Registration in Gift-Disguised Sales

Testator fraud (hiding assets from inheritance) is where the testator, in old age or other periods, transfers real property that they actually intend to gift to a third party through apparent sale or other gratuitous transactions in the land register, aiming to deprive heirs of their inheritance rights. Legally characterized as "relative fraud" (nispi muvazaa), in such transactions the apparent transaction (sale) is invalid due to fraud, while the hidden transaction (gift) is invalid due to lack of formalities. Proof in testator fraud cases is conducted within the criteria of the testator's actual intent and the difference between sale price and property value. The Supreme Court, through Decision No. 1/2 dated 01.04.1974, recognized such cases and provided broad interpretation considering issues such as maintenance and support. Topics such as misuse of attorney authority, protection of good faith third parties, fiduciary transactions, and family dwelling liens are closely related to these cases. Courts, which must balance the reliability of the land register with the protection of property rights, must thoroughly investigate all elements of concrete cases of this type. This article examines the theoretical foundations of testator fraud cases, problems encountered in practice, Supreme Court jurisprudence, and recent court decisions in detail.

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Parentela System in Turkish Succession Law, Inheritance Shares and Procedure in Termination of Co-Ownership Cases
Inheritance Law
April 23, 2026Adem Aras

Parentela System in Turkish Succession Law, Inheritance Shares and Procedure in Termination of Co-Ownership Cases

The Parentela System is the fundamental mechanism used in Turkish Civil Law to determine statutory heirs based on consanguinity. According to the principle "if there are heirs in the previous class, the next class cannot inherit," heirs are classified into four main groups: First class (lineal descendants), second class (parents and their descendants), third class (grandparents and their descendants), and surviving spouse. The principle of substitution applies in each class, and the share of a deceased heir passes to his or her lineal descendants. Upon the testator's death, the estate passes to the heirs and a "co-ownership of the succession" is created. Co-ownership is subject to joint ownership rules, and heirs must act unanimously regarding immovable property. This strict structure has led to disputes, and therefore heirs are granted the right to file an action for "termination of co-ownership." The action is concluded either by physical division or by sale. Party formation, improvement claims, distribution of proceeds, validity of partition agreements, and equality principles are important in these cases. This article systematically examines the Parentela System, determination of inheritance shares, the nature of co-ownership, the procedure in termination actions, and Supreme Court jurisprudence.

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Parentela System in Turkish Succession Law, Inheritance Shares and Procedure in Termination of Co-Ownership Cases
Inheritance Law
April 23, 2026Adem Aras

Parentela System in Turkish Succession Law, Inheritance Shares and Procedure in Termination of Co-Ownership Cases

The Parentela System is the fundamental mechanism used in Turkish Civil Law to determine statutory heirs based on consanguinity. According to the principle "if there are heirs in the previous class, the next class cannot inherit," heirs are classified into four main groups: First class (lineal descendants), second class (parents and their descendants), third class (grandparents and their descendants), and surviving spouse. The principle of substitution applies in each class, and the share of a deceased heir passes to his or her lineal descendants. Upon the testator's death, the estate passes to the heirs and a "co-ownership of the succession" is created at this stage. Co-ownership of succession is subject to joint ownership rules, and heirs must act unanimously regarding immovable property. This strict structure has led to disputes in practice, and therefore heirs are granted the right to file an action for "termination of co-ownership" (izale-i şuyu). The action for termination of co-ownership is concluded either by physical division (partition) or by sale (distribution of proceeds). Party formation, claims regarding improvements, distribution of sale proceeds, validity of partition agreements, and the principle of equality are important matters in these cases. This article systematically examines the Parentela System, determination of inheritance shares, the nature of co-ownership of succession, the procedure in termination of co-ownership cases, and Supreme Court jurisprudence.

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Expropriation System in Turkish Law: Theory, Application and Judicial Review
Administrative Law
April 23, 2026Adem Aras

Expropriation System in Turkish Law: Theory, Application and Judicial Review

Expropriation is the state's and other public legal entities' intervention in private property for the purpose of public interest, acquiring the property in exchange for compensation. Turkish expropriation law is strictly subject to procedural and substantive conditions because the property right is protected by the Constitution and ECHR. The expropriation process consists of stages of public interest decision, registration of annotation, acquisition procedure, judicial determination of compensation, and registration. The Supreme Court's 5th Civil Department strictly applies the distinction between land (immovable property for development) and agricultural land in the valuation of immovables; it uses comparative valuation and net income method. The acquisition procedure is a condition precedent and the administration is obligated to attempt it in conformity with the law. Emergency expropriation is an exceptional remedy that only gives the right to take possession, not to transfer ownership. The Council of State strictly subjects expropriation acts to review in terms of "public interest" and "proportionality." This article systematically examines the administrative phase of the expropriation system, its judicial review, compensation determination methods, emergency expropriation, extrajudicial takeover, and Supreme Court-Council of State jurisprudence.

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Succession Law: Disinheritance and Renunciation of Inheritance: Theory, Application and Court Decisions
Inheritance Law
April 23, 2026Adem Aras

Succession Law: Disinheritance and Renunciation of Inheritance: Theory, Application and Court Decisions

Disinheritance is the deprivation of a forced heir's inheritance status through a testator's testamentary disposition. Renunciation of inheritance is the heir's rejection of the status of heir and related rights and obligations through free will. Disinheritance can be either punitive or protective in nature; punitive disinheritance is most frequently employed. For disinheritance to be valid, the reason for disinheritance must be explicitly stated in the will. Renunciation of inheritance is divided into actual renunciation and statutory renunciation (renuntio hereditatis ficta). In actual renunciation, the heir must apply to the District Civil Court within 3 months to reject the inheritance. In statutory renunciation, if the estate is insolvent, the inheritance is deemed rejected without any declaration of intent by the heir. When renunciation is carried out through a representative, a special power of attorney containing authority to renounce the inheritance is mandatory. If the heir interferes with the estate or appropriates estate property, the right to renounce is forfeited under TMK m. 610. This article systematically examines the institutions of disinheritance and renunciation of inheritance, their legal conditions, legal character, doctrinal perspectives and Supreme Court jurisprudence.

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Reduction Action: Legal Character, Judicial Analysis of Estate Concept and Calculation Methodology
Inheritance Law
April 23, 2026Adem Aras

Reduction Action: Legal Character, Judicial Analysis of Estate Concept and Calculation Methodology

A reduction action is a constitutive (constructive) lawsuit through which the testator's dispositions that impair reserved portions (forced heirship rights) are reduced to the limit permitted by law. In a reduction action, the aim is not to invalidate the disposition but to render ineffective only the portion that impairs the reserved share. The most complex phase of a reduction action is the proper determination of the estate (patrimony). The net estate is calculated by deducting debts and expenses from the testator's patrimony at the time of death; additionally, dispositions made during the testator's lifetime that are subject to reduction are included in the estate "in account." The fixed reduction ratio method provides an equitable reduction by applying the ratio between the amount impairing the reserved share and the total value of impairing dispositions to each disposition. The order of reduction requires starting with mortis causa dispositions and proceeding to inter vivos gifts (from most recent date to oldest date). This article systematically examines the legal character of reduction actions, estate determination, net estate calculation, fixed reduction ratio, order of reduction, and indivisible property bequests in light of Supreme Court jurisprudence.

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Mining Law "Lease-Based" (Royalty) Operating Models: Legal Character, Procedure, Contract Design and Current Legislative-Jurisprudential Framework (2026)
Commercial Law
April 23, 2026Adem Aras

Mining Law "Lease-Based" (Royalty) Operating Models: Legal Character, Procedure, Contract Design and Current Legislative-Jurisprudential Framework (2026)

In mining law, "lease" typically refers to a royalty agreement. A royalty is the arrangement where the license holder, without transferring the license, has production and operational activities carried out by a third party in exchange for a specified fee. Different from license transfer, the royalty is recognized by the Mining Law and Mining Regulations, but requires careful contract design. The royalty operator may be held responsible for labor, occupational health and safety, and environmental management as much as the license holder; however, public law obligations may remain on the license holder. Fee calculation, production obligations, guarantees, termination and liquidation procedures, OSH compliance, rehabilitation obligations, oversight and evidence arrangement are critical elements of a royalty agreement. This article systematically examines the legal character, procedure, critical clauses in contract design, dispute typology, and current legislative-jurisprudential framework of royalties.

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Current Issues in Condominium Law: Legal Status of Site Administrations, Authority of Representation and Judicial Practices
Real Estate Law
April 23, 2026Adem Aras

Current Issues in Condominium Law: Legal Status of Site Administrations, Authority of Representation and Judicial Practices

Condominium Law in Turkey has undergone radical change with the acceleration of urbanization. The transition from traditional small-apartment buildings to massive residential complexes containing thousands of independent units and complex infrastructure has brought legal issues. Although site administrators do not have legal personality, they have gained limited standing capacity through the Supreme Court's functional interpretation. The limits of managers' authority of representation, collection of common expenses, protection of common areas, question of being party in defective performance cases, and transition to collective building management are the most discussed areas in practice. This article systematically examines the "sui generis" legal status of site administrations, their authority, standing capacity problem, Supreme Court jurisprudence and matters requiring attention in current practice.

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Expropriation Cases: Administrative Court – Civil Court Distinction, Application Problems, Jurisprudence and Doctrinal Analysis
Administrative Law
April 23, 2026Sinan Celep

Expropriation Cases: Administrative Court – Civil Court Distinction, Application Problems, Jurisprudence and Doctrinal Analysis

Expropriation is the transfer of private ownership by the state for the purpose of public interest in exchange for compensation. In the Turkish legal system, expropriation disputes are examined through a structure divided between administrative and civil courts. While the administrative court reviews the legality of the expropriation act (authority, reason, procedure, purpose), the civil court hears cases on compensation determination and registration. Although this mixed model offers theoretical advantages, it creates practical problems such as pending issues, suspension of enforcement, finality of registration and contact with land registry. The Constitutional Court's norm review decisions note that this structure may create structural problems in terms of effective protection of property rights. This article systematically examines the administrative and civil dimensions of expropriation cases, division of authority, pending issue mechanisms, current jurisprudential trends and critical points to be observed in practice.

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Legal Character of Termination in Labor Disputes, Mediation as Condition of Action and Evidence Regime: Doctrinal and Jurisprudential Analysis
Labor Law
April 23, 2026Adem Aras

Legal Character of Termination in Labor Disputes, Mediation as Condition of Action and Evidence Regime: Doctrinal and Jurisprudential Analysis

Most labor disputes are linked to termination of employment. Severance pay, notice pay, reinstatement, annual leave, overtime and other claims must be calculated correctly according to the type of termination. Termination is a unilateral right that creates a novum dominicale and must be communicated to the counterparty. Law No. 7036 on Labor Courts made mediation a condition of action for labor claims; this is not merely a formal requirement but an important mechanism that stops the statute of limitations and forfeiture periods. The evidence regime places the burden on the employer to prove the validity of termination reasons. Special types such as summary termination, termination with notice, definite/indefinite duration contracts, collective action and union compensation have different rules. This article systematically examines the legal character of termination, the procedural and substantive effects of mediation, evidence strategy and Supreme Court jurisprudence.

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Fiduciary Transactions in Real Property Law: Comprehensive Study on Theory, Application and Evidence Problems
Real Estate Law
April 23, 2026Sinan Celep

Fiduciary Transactions in Real Property Law: Comprehensive Study on Theory, Application and Evidence Problems

Fiduciary transaction (Fiducia) is a special institution in the Turkish legal system developed through court precedent independently of legislation, concerning the transfer of real property. Recognized by the 1947 Court Decision on Unification of Jurisprudence, this transaction occurs when the trustor transfers his right to the trustee for a specific purpose and the trustee undertakes to return it. This institution, which may be confused with muvazaa, nam-i müstear and security transactions, has full effect in external relations but limited effect in internal relations. The most critical issue is evidence: written evidence, beginning of written evidence, oath and statute of limitations. This article systematically examines the legal character, conditions, distinction from similar institutions and frequently encountered evidentiary problems of fiduciary transactions.

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Unjust Possession (Unjust Occupation Damages): Legal Character, Conditions, Scope and Application Problems (in Light of Doctrine and Jurisprudence)
Real Estate Law
April 23, 2026Adem Aras

Unjust Possession (Unjust Occupation Damages): Legal Character, Conditions, Scope and Application Problems (in Light of Doctrine and Jurisprudence)

Unjust possession is a special type of compensation that an owner or rights holder can claim from a bad-faith possessor for unjust occupation of a real property. Although referred to as "occupation compensation" or "wrongful use fee," technically it is compensation for damage of an unlawful act character. Unjust possession, not to be confused with a lease agreement, requires unique conditions such as unlawful occupation, bad faith, and absence of legitimate cause. The Supreme Court jurisprudence states that unjust possession is "at least the equivalent of rental income"; its scope can include positive damages (wear and tear) and negative damages (lost benefits). While the law on public real estate provides a special regime under Article 75 of Law No. 2886, private law unjust possession requires separate considerations. This article systematically examines the legal character, conditions, calculation techniques, litigation problems and Supreme Court jurisprudence of unjust possession.

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Disputes on Checks and Bills of Exchange: Objections to Signature, Objections to Debt, Liability Regime, Evidence and Application (in Light of Doctrine and Jurisprudence)
Commercial Law
April 23, 2026Adem Aras

Disputes on Checks and Bills of Exchange: Objections to Signature, Objections to Debt, Liability Regime, Evidence and Application (in Light of Doctrine and Jurisprudence)

Checks and bills of exchange (promissory notes, bills) provide fast payment and financing in commercial life while disputes create complex legal problems. "Objections to signature" (counterfeit signature, lack of authority to represent) and "objections to debt" (no debt, discharge, statute of limitations) are two fundamental defense headings that produce different consequences in bill collection proceedings. The absolute defense nature of signature denial within the framework of Commercial Code, Enforcement and Bankruptcy Code and Code of Civil Procedure provisions, burden of proof, 5-day objection period, temporary suspension mechanism and compensation risks must be properly understood. This article systematically examines the objections to signature and debt defenses that form the core of disputes in negotiable instruments; the liability regime, evidence mechanisms and Supreme Court jurisprudence.

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Distinction Between Temporary and Permanent Work Incapacity in Compensation for Physical Injury: Theoretical Foundations, Calculation Techniques and Judicial Application
Labor Law
April 23, 2026Adem Aras

Distinction Between Temporary and Permanent Work Incapacity in Compensation for Physical Injury: Theoretical Foundations, Calculation Techniques and Judicial Application

The distinction between "Temporary Work Incapacity" and "Permanent Work Incapacity" in the compensation for physical injury is one of the most critical and frequently misapplied topics in compensation calculations. Temporary work incapacity is compensation for loss of earnings as "lucrum cessans" (lost profit); while permanent work incapacity is compensation for loss of working capacity (effort compensation) according to the "theory of loss of capacity." Within the scope of Article 54 of the Turkish Civil Code, these two types of compensation have different calculation parameters, disability rates and social security deduction rules. In practice, double payments, incomplete calculations and errors in recourse proceedings are common. This article presents doctrinal foundations, Supreme Court jurisprudence, calculation techniques and solutions to frequently encountered practical issues.

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Limitations of Ownership Rights, Precautionary Measures and Liquidation Regime at the Intersection of Family Law and Real Property Law
Family Law
April 23, 2026Adem Aras

Limitations of Ownership Rights, Precautionary Measures and Liquidation Regime at the Intersection of Family Law and Real Property Law

The fact that the family institution is the foundation of society has created a field of conflict with the protection of property rights guaranteed in the constitution. Family home protection regulations limit the powers of disposal of spouses; protection of real property in divorce proceedings is extremely difficult; the effect of inflation becomes a serious problem when determining the valuation date in the liquidation of marital property regime. Issues such as family home protection under Article 194 of the Turkish Civil Code, the narrow interpretation of precautionary measures under Article 389 of the Code of Civil Procedure, and the distinction between liquidation date and valuation date are concurrently subject to Supreme Court jurisprudence. This article systematically examines these three fundamental areas within the framework of doctrinal discussions and established and current Supreme Court jurisprudence.

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Succession with Foreign Elements: Real Property Abroad and Inheritance Rights of Foreigners in Turkey (Turkish Private International Law Perspective)
Inheritance Law
April 23, 2026Adem Aras

Succession with Foreign Elements: Real Property Abroad and Inheritance Rights of Foreigners in Turkey (Turkish Private International Law Perspective)

Succession with foreign elements is one of the most dispute-prone areas in contemporary practice due to increased dual citizenship, mixed marriages, and international real property investments. The Turkish perspective focuses on two main axes: which law applies when the decedent's estate includes real property abroad, and under what conditions foreign nationals who are heirs can acquire real property in Turkey through succession. This article, based on the Turkish Private International Law and Real Property Code, systematically examines the connecting factors for succession with foreign elements, the status of real property abroad, the acquisition of property in Turkey by foreign heirs, and the critical points shaped by jurisprudence.

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Tax Loss Penalty and Its Relationship with Tax Evasion Offenses in the Turkish Tax Code: The Most Frequent Dispute Area
Tax Law
April 23, 2026Adem Aras

Tax Loss Penalty and Its Relationship with Tax Evasion Offenses in the Turkish Tax Code: The Most Frequent Dispute Area

As the most contentious dispute area in the Turkish Tax Code, the tax loss penalty is a complex administrative penalty tied to conduct that disrupts proper tax assessment. Starting from the definition in Article 341 of the Code, the application of penalty multiples in Article 344 and particularly its relationship with tax evasion offenses enumerated in Article 359 constitute the most legally controversial topics in practice. Acts such as forged documents, materially misleading documents, and concealment of records create both administrative liability and criminal responsibility, testing the balance between tax security and taxpayer rights. This article examines in detail the legal basis of the tax loss penalty, its application criteria, and frequently encountered disputes within the framework of Supreme Administrative Court jurisprudence and doctrinal assessments.

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Reduction Claims in the Context of Forced Share Protection: Balance Between Testator's Freedom of Disposition and Heir Rights
Inheritance Law
April 01, 2026Adem Aras

Reduction Claims in the Context of Forced Share Protection: Balance Between Testator's Freedom of Disposition and Heir Rights

The forced share (réserve héréditaire) is a right protection mechanism granted to statutory heirs under Turkish Civil Law and limited by the testator's freedom of disposition. The reduction claim is the lawsuit that a forced share heir can file if the forced share is violated due to the testator's dispositions (gifts, wills) to seek reduction of such violation. Turkish law regulates the forced share within the framework of TMK m. 502-521. For a reduction claim to be filed, there must be a difference between the heir's forced share and the remaining inheritance as a result of the testator's dispositions. In reduction claims, the chronological order of the testator's dispositions and the relationship between these dispositions must be carefully examined to determine the reduction rate. The Supreme Court has developed various jurisprudence on balancing the testator's freedom of disposition with the rights of forced share holders in reduction claims. This article systematically examines the legal character of the forced share, the conditions and procedure of reduction claims, the calculation of the forced share portion, and Supreme Court jurisprudence.

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