Business and Commercial Law

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Commercial business law is a branch of law that governs the legal issues arising from the operation, transfer, and management of commercial enterprises. It involves the regulation of rights, obligations, and responsibilities of parties in business transactions, such as the transfer of business ownership, commercial pledges, and commercial representations. This area also includes the management of commercial contracts and ensuring compliance with commercial practices and regulations. Our office provides legal consultancy and services in various areas of commercial business law, offering solutions related to business operations, agreements, and dispute resolution.

  • Transfer of Commercial Business: Legal consultancy regarding the transfer or sale of commercial businesses, including drafting contracts, managing risks, and ensuring compliance with commercial laws.
  • Commercial Pledge: Providing guidance on the establishment and enforcement of commercial pledges, including legal procedures and risk management.
  • Commercial Representatives and Agents: Managing the rights, obligations, and responsibilities of commercial agents, representatives, marketers, brokers, and other commercial intermediaries, including the preparation of related contracts and ensuring compliance with legal regulations.
  • Commercial Registry: Assistance with the registration, amendment, and cancellation of commercial businesses, including the management of temporary registration procedures, objections to registration rejections, and managing legal processes related to commercial registry.
  • Trader’s Rights and Obligations: Legal consultancy on the rights and obligations of traders, including the requirement to act prudently, comply with commercial customs and practices, issue invoices, handle invoice objections, and the legal consequences of failing to contest invoices in a timely manner.
  • Drafting and negotiating commercial contracts.Commercial Contracts: Drafting and managing commercial contracts, including terms and conditions, obligations of parties, and the legal implications of breaches.
  • Unfair Competition: Ensuring the application of unfair competition regulations, managing disputes related to unfair practices, and taking necessary legal steps to protect businesses against such practices.

Transportation Law

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Transportation law is a branch of law that regulates legal issues arising during transportation activities. This area defines the rights and obligations of all parties involved in transportation (such as the carrier, sender, receiver, etc.) and ensures the management of transportation contracts, regulations, and legal processes. Various forms of transportation, including road transportation, sea freight, rail transport, and air freight, are addressed in this field. Our office provides consultancy and solutions regarding the rights and responsibilities of carriers and senders in road and sea transportation-related legal matters.

Ofisimiz, karayolu ve deniz yoluyla yapılan taşımacılıkla ilgili her türlü hukuki meselede, taşıyıcıların ve gönderenlerin hakları ve sorumluluklarıyla ilgili danışmanlık ve çözüm sunmaktadır.

  • Road Transportation: Providing consultancy on carrier responsibility, loss of goods, terms of transportation contracts, and the legal processes involved in road transportation. Additionally, we prepare transportation contracts and manage risks associated with transportation agreements.
  • Marine Freight: Legal support on the rights and obligations of the carrier and sender under maritime law, including ship and cargo insurance, transportation contracts, port, and terminal operations.
  • Carrier's Responsibility: Legal procedures for situations such as damage, loss, or delay of goods, as well as the limitations of carrier responsibility and insurance processes.
  • Sender's Responsibility: Addressing the sender's obligations regarding loading and unloading during transportation and legal issues arising from breaches of the transportation contract due to mistakes in the transportation process.
  • Transportation Contracts: Preparing transportation contracts for road and sea transportation, determining the terms of the agreement, defining obligations, and managing risks related to transportation activities.
  • International Transportation: Ensuring compliance with legal regulations related to international transportation, including the provisions of the CMR (Convention on the Contract for the International Carriage of Goods by Road) agreement, the use of documents such as bills of lading in maritime transport, and evaluating their legal implications.

International Trade Law

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International trade law encompasses commercial transactions and contracts between individuals and legal entities in different countries. Bayrak Law Office provides litigation and consultancy services in disputes arising from sales of goods and services and international commercial contracts between companies or traders in different countries. Our specialisation in legal consultancy allows us to provide foreign clients with the best legal advice concerning the establishment and operation of businesses in Türkiye. Our services concerning international trade law include:

  • International commodity purchase and sale disputes,
  • Disputes arising from contract of affreightment and road transportation contracts,
  • Payment instruments,
  • Settlement of international commercial disputes,
  • Legal regime of international commercial contracts,
  • Drafting and negotiating commercial contracts.Commercial Contracts: Drafting and managing commercial contracts, including terms and conditions, obligations of parties, and the legal implications of breaches.

Arbitration

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We represent our clients in international and national arbitration institutions (such as ICC, LCIA, SIAC and ISTAC). We take an active role in the recognition and enforcement processes as well as in the execution of annulment of arbitral awards. In addition, we also manage the processes regarding interim legal protection measures in arbitration. 

Our office approaches every case and task it undertakes with the same meticulousness and care; it aims to provide a service that combines its experience, legal knowledge and risk management skills.

  • Arbitration offers a trial service that is more flexible than state courts and in which arbitrators specialized in the sector in which the dispute is involved can be selected by the parties. The arbitration procedure can be shaped by the parties and arbitrators according to the nature of the dispute, without violating the parties' right to a fair trial. In this way, the dispute can be discussed in more detail and clarified much better.
  • Arbitration centers offer the parties a predictable trial at every stage with the procedural timeline.
  • Arbitral proceedings and awards are confidential. In this way, people outside the dispute can be prevented from learning about the dispute and its outcome.

International Investment Law

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In order to protect the investments of Turkish or foreign investors in foreign countries, we provide consultancy and litigation services in the violation of the host state's debts and obligations arising from international law and, if any, the contract between the parties, termination of the violation, injunctive relief, compensation for the damage caused and determination of the competent court or arbitration centre for the resolution of the dispute and the execution of the process.

  • Determination of the principles providing legal protection by analysing the provisions of bilateral investment treaties (BITs) and determination and application of customary international law,
  • Analysing the investor's agreement with the host country and defending the client's rights in the best way possible.

Corporate Law

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We provide litigation and consultancy services to companies on legal matters. Such as:

  • Examining, preparing and revising the contracts to which companies are or will be parties,
  • Company establishment procedures,
  • Procedures for foreign companies to open branches in Türkiye,
  • Preparation of General Assembly and Board of Directors decisions,
  • Capital increase and decrease transactions of the company,
  • Carrying out the merger and acquisition transactions of the company,
  • Procedures concerning change of company type,
  • Cases for annulment of general assembly decisions,
  • Liability cases against board members,
  • Preparation of shareholders agreements (SHA),
  • Preparation of share purchase agreements (SPA).

Contract Law

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Bayrak Law Office helps business owners create effective all kinds of contracts and address breaches of such agreements. Within the scope of contract law, we provide legal services on drafting contracts in a way to secure efficiently our client's rights and interests, negotiating contracts and following the legal process.

  • International trade agreements,
  • Contract of constructions in return for land share,
  • Sales contracts,
  • Share transfer agreements,
  • Employment contracts,
  • Contract of construction,
  • Works contract cases.

Employment Law

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We are ready to take any necessary legal action to protect the interests of our clients regarding labor law.
  • Providing legal consultancy services in all areas of labor law,
  • Filing compensation lawsuits against employees based on disclosure of trade secrets, violations of confidentiality obligations, unfair competition and breach of duty of loyalty,
  • Providing consultancy regarding the duties and responsibilities of employers and workers in Turkish Law,
  • Preparation of employment contracts, workplace regulations and rules,
  • Providing legal consultancy and attorney services on termination of employment contracts, justified and unjust termination, invalid termination and its consequences.

Foreigners Law

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Our office provides legal services in the field of foreigners law, which regulates the rights, obligations, and legal status of foreign nationals residing in Turkey. In this context, we offer legal support for residence, work, property acquisition, and citizenship procedures while also addressing the legal status of migrants, refugees, and individuals under international protection.

  • Residence Permit: Filing applications with official authorities and following up on the process for foreigners who wish to reside in Turkiye.
  • Work Permit: Managing the application process for foreigners seeking employment in Turkiye.
  • Residence Permit Extension: Submitting official applications and monitoring the process for foreigners who wish to extend their stay in Turkiye.
  • Legal Consultancy: Providing information and legal consultancy services regarding Turkish law and regulations for foreign nationals.
  • Turkish Citizenship Application: Assessing eligibility for citizenship, filing the necessary applications when conditions are met, and monitoring the process.
  • Violation of Rights and Legal Cases: Initiating and managing legal proceedings in cases where foreigners face rights violations in Turkiye. This includes filing appeals against unjust or unlawful deportation decisions, evaluating the legal status of foreigners subject to entry bans to Turkiye, submitting necessary objections, and overseeing the legal process.
  • Property Acquisition Consultancy: Providing legal guidance to foreigners in the process of purchasing real estate in Turkiye.
  • Marriage Law: Offering legal information and consultancy for foreigners who wish to marry in Turkiye.
  • Divorce and Family Law: Managing and following up on divorce and family law cases initiated by foreigners in Turkiye.
  • Private International Law and Protection of Rights: Conducting necessary legal proceedings and litigation processes to protect the rights of foreigners under international treaties and private international law frameworks to which Turkiye is a party.

Litigation and Dispute Resolution

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Before resorting to legal remedies, we offer our clients the necessary solution methods and alternatives for disputes that may result in an agreement between the parties and determine the most appropriate and effective solution methods for our clients.

  • In this context, we identify the legal risks of our clients and develop action plans to prevent these risks.
  • We provide services in various areas, including litigation and arbitration proceedings.