Litigation - Dispute Resolution in Istanbul & Turkey
Litigation is a way of resolving a dispute through courts. If the right holder’s request does not yield results or if he thinks that making a request will not benefit him/her, he/she applies to the judiciary for the protection of his right. This authority of the right holder is called the right of litigation.
Civil litigation are divided into three according to the Civil Procedure Code. These are declaratory cases, action of performance cases and constitutive cases.
Through the action of performance cases, it is requested from the court that the defendant be sentenced to give or to do or not to do something. Through the declaratory case, the court is requested to determine the existence or absence of a right or legal relationship or whether a document is fake. Through constitutive cases, the court is requested to create a new legal situation or to change the content of an existing legal situation or to eliminate it.
Commercial litigation, real estate litigation, family law litigation and labor lawsuits are included in civil litigation.
Litigation Process
The litigation process consists of five stages. The first of these stages is the exchange of petitions. In the simple trial procedure, only the lawsuit petition and the reply petition are included. In the written trial procedure, there are a lawsuit petition, a reply petition, a replication petition and a second reply petition.
The second stage is the preliminary examination hearing. The third stage is the investigation stage. At this stage, evidence is collected. The fourth stage is the verbal judgment stage. The final stage is the judgment stage.
- Advantages of litigation are;
Litigation is conducted through the courts and becomes part of the public record. - The judge’s decision has permanent legal force and is binding on all parties.
- All the processes are carried out formally by an official state agency.
Litigation Courts
Civil cases in Turkey are primarily heard in the civil courts of first instance and the civil courts of peace. However, there are also courts established by special laws that only deal with their area. These courts; commercial courts, labor courts, family courts, intellectual and industrial rights law courts, consumer courts, cadastral courts and enforcement law courts.
Commercial Litigation
A commercial litigation is which both parties are merchants and the dispute arises from matters related to the commercial business of both parties or is a non-contentious jurisdiction of commercial nature. If one of the parties is not a trader or if the dispute is not related to the commercial enterprise although he is a trader, the existence of a commercial lawsuit cannot be mentioned.
Commercial litigations are divided into three groups: absolute commercial cases, relative commercial cases, and cases that are considered commercial in nature even though they relate only to a commercial enterprise.
Commercial cases are heard in the commercial court of first instance.
Corporate law and business law cases are also included in commercial litigation. Corporate law and business law cases are heard in the commercial court of first instance.
Commercial litigation requires expertise and experience. For this reason, you should work with a Turkish law firm who knows this business very well for your commercial cases in Turkey. BAL Law Firm is a very experienced law firm İstanbul in commercial litigation and will help you every step of the way and solve your problems.
Real Estate Litigation
A commercial litigation is which both parties are merchants and the dispute arises from matters related to the commercial business of both parties or is a non-contentious jurisdiction of commercial nature. If one of the parties is not a trader or if the dispute is not related to the commercial enterprise although he is a trader, the existence of a commercial lawsuit cannot be mentioned.
Commercial litigations are divided into three groups: absolute commercial cases, relative commercial cases, and cases that are considered commercial in nature even though they relate only to a commercial enterprise.
Commercial cases are heard in the commercial court of first instance.
Corporate law and business law cases are also included in commercial litigation. Corporate law and business law cases are heard in the commercial court of first instance.
Commercial litigation requires expertise and experience. For this reason, you should work with a Turkish law firm who knows this business very well for your commercial cases in Turkey. BAL Law Firm is a very experienced law firm İstanbul in commercial litigation and will help you every step of the way and solve your problems.
Family Law Litigation
Family litigation are heard in family court. Cases heard in family court are divorce case, property regime case, paternity cases, adoption case, custody case, alimony case and guardianship case.
Tax Litigation Services
Tax law is the branch of law that regulates legal disputes between the state and individuals due to tax debt. Tax litigation are lawsuits that help to ensure the balance of interests between the state and individuals. Tax litigation are heard in tax courts.
If you have been notified of any tax penalty, we recommend that you consult a tax litigation advocate within the period. BAL Law firm also provides tax litigation services.
Labor Lawsuit
Labor lawsuits are heard in labor courts. Simple trial procedure is applied. Before a labor lawsuit can be filed, the parties must resort to mediation. Labor lawsuits are reemployment lawsuits, service determination lawsuits, labor claims lawsuits.
Dispute Resolution
One of the ways to dispute resolution is litigation. Alternative dispute resolutions are also available in Turkish law. Mediation and arbitration are the most common of these.
Mediation is a voluntary dispute resolution method that is carried out by an impartial and independent third party with specialized training and aims to enable the parties to come together and develop a resolution process for their disputes. There is compulsory mediation in commercial and labor disputes before filing a lawsuit in Turkey.
Arbitration is the resolution of disputes through a private body other than state jurisdiction. Arbitration courts usually consist of one or three arbitrators. The main task of the arbitration courts is to resolve the disputes and render an “arbitration decision” in order to apply the rules of law determined by the parties. Arbitration proceedings are preferred by the parties as they take a shorter time.
BAL Law Firm is here to resolve your disputes and guide you. Our dispute resolution lawyers will help you in all your disputes. Effective dispute resolution will make your life easier and reduce your problems.
We offer litigation & dispute resouliton in Turkey - Istanbul
Our goal is to help our clients resolve legal disputes as efficiently and effectively as possible, while minimizing the emotional and financial toll. If you’re facing a legal dispute, contact BAL Law Firm to learn more about how our litigation and dispute resolution services can help.