Legal Services and Advocacy Activities in Büyükçekmece

Büyükçekmece, is one of the districts in the western region of Istanbul characterized by intensive residential, commercial, corporate, and real estate activities. Individuals residing in the district and businesses operating there may encounter legal disputes in various fields such as family law, tenancy and real estate disputes, enforcement proceedings, criminal investigations, corporate law, administrative law, compensation law, and immigration and aliens law.

When a legal dispute arises, the method to be followed is determined not only by the subject matter of the dispute, but also by the manner in which the event occurred, available documents, the legal status of the parties, statutory limitation or application periods, and the competent judicial authority. Even in two disputes evaluated under the same heading, the legal path to be applied may differ significantly.

Attorney Batın Yılmaz Within the scope of legal activities carried out by , specific legal disputes are evaluated together with their files and documents, and legal information is provided regarding applicable legal remedies, litigation or application processes, and the risks associated with the dispute.

The operational headquarters of Batın Yılmaz Law Firm is located in the Beylikdüzü district of Istanbul. For individuals residing in Büyükçekmece or having a legal dispute connected to Büyükçekmece, legal consultancy and advocacy services can also be provided depending on the nature of the dispute.

What Should Be Done First When a Legal Dispute Arises in Büyükçekmece?

One of the most critical issues in legal disputes is making the correct legal characterization at the initial stage of the incident. How an individual defines the problem they experience in everyday language and its equivalent in the legal system may not always be the same.

For example, a dispute between a tenant and a property owner may be based on various distinct legal grounds, such as the determination of the rent amount, eviction, eviction for necessity, non-payment of rent, damage caused to the property, or the termination of the lease agreement.

Similarly, a dispute with a company shareholder is not evaluated merely as a "shareholder dispute." Whether the company is a limited liability company (limited şirket) or a joint-stock company (anonim şirket), the provisions of the articles of association, share ratios, resolutions adopted by the general assembly or the board of directors, and the presence or absence of a separately executed shareholders' agreement may alter the legal evaluation.

Therefore, prior to taking action regarding a legal issue, the following matters generally need to be determined:

• Who are the parties to the dispute?
• What is the legal nature of the dispute?
• Is there a written agreement between the parties?
• What documents are available regarding the dispute?
• Has any official notification or service of process been made?
• Are statutory deadlines running for a lawsuit, objection, or application?
• Has mediation, enforcement proceedings, or any other application been initiated previously?
• Which court or administrative authority has jurisdiction to resolve the dispute?

Particularly in situations involving legal deadlines, accurately determining the date of service is of utmost importance. An objection or application not made within the statutory period may, in some cases, result in the loss of rights.

File Review in the Legal Consultancy Process

Legal consultancy does not consist solely of a general assessment based on the events narrated by the individual. Depending on the nature of the dispute, it may be necessary to examine contracts, notices, court decisions, administrative acts, and other documents.

For instance, if a statement of claim is to be prepared, merely narrating the event may not be sufficient. The legal grounds of the lawsuit, the court with jurisdiction and venue, the claim for relief, evidence, and statutory deadlines must be evaluated together.

If there is a dispute regarding an administrative act, when the act was served to the individual, by which administrative authority it was issued, and whether there is a specific remedy available against the act may be of importance.

In enforcement files, on the other hand, it may not be accurate to evaluate the available legal remedy without examining the type of payment or enforcement order, the date of service, and the basis of the proceedings.

Family Law Disputes in and around Büyükçekmece

Disputes arising from family law are not limited to divorce. In addition to the dissolution of the marital union, matters such as custody, alimony, property regimes, personal relations, the family residence, and various legal issues arising within the marital union may also fall within the scope of family law.

Uncontested Divorce

If the spouses agree on the legal and financial consequences of the divorce and the conditions stipulated by law are met, an uncontested divorce may be considered.

The protocol to be prepared in an uncontested divorce is crucial. Merely stating in the protocol that the parties agree to a divorce may not be sufficient. If there are joint children, custody and personal relations with the child, alimony, material and moral compensation claims, and other issues upon which the parties must agree need to be evaluated in accordance with the specific circumstances of the case.

Contested Divorce

If the parties cannot agree on the divorce or the consequences of the divorce, a contested divorce lawsuit may be brought.

In such lawsuits, the allegations of the parties, the events alleged to have caused the divorce, evidence, witnesses, and the fault status of the parties can be of significant importance.

During the contested divorce process, issues such as provisional alimony, custody, personal relations, and, where conditions require, protective or preventive measures may also need to be evaluated.

Custody and Alimony Disputes

The primary criterion in evaluations regarding custody is the best interests of the child. The child's age, educational life, current living arrangements, the conditions of the parents, and other matters concerning the child's development may be taken into consideration.

In maintenance (alimony) disputes, the economic and social conditions of the parties according to the type of maintenance and the circumstances of the specific case are taken into consideration.

Rent and Real Estate Disputes in Büyükçekmece’de

Due to Büyükçekmece being a district with a high density of residential and commercial properties, various legal disputes arising from tenancy and real estate relations may be encountered.

Among these disputes are;

• non-payment of the rent,
• eviction due to necessity,
• eviction due to two justified notices,
• commitment to vacate,
• determination of the rent amount,
• adaptation of the rent amount,
• partition of property,
• deed cancellation and registration claims,
• prevention of encroachment (ejection),
• disputes arising from ownership and possession

may be included.

Document Review in Rent Disputes

In rental disputes, it is crucial to first examine the lease agreement. The start date of the agreement, lease term, rental amount, method of payment, and subsequent correspondence between the parties may affect the evaluation of the dispute.

In cases involving a written commitment to vacate (tahliye taahhütnamesi), the date of execution, content, and the conditions under which the document was issued must be additionally examined.

As for eviction requests based on necessity, whether the residential or commercial need meets the legally required conditions is evaluated based on the specific circumstances of the case.

Legal Due Diligence in Real Estate Purchase and Sale Transactions

A significant portion of real estate disputes can be prevented not only at the litigation stage but also prior to the acquisition of the property.

During the legal due diligence conducted prior to real estate acquisition, title deed records, annotations and encumbrances on the property, contracts, powers of attorney, and the legal relationship between the parties may be evaluated depending on the nature of the specific transaction.

Real estate transactions carried out particularly by companies or foreign nationals may also involve various separate legal regulations.

Enforcement and Debt Disputes

Debt-creditor relationships arising between individuals and companies may constitute the subject matter of enforcement and bankruptcy law.

The legal method applicable to the collection of a receivable may vary depending on the document upon which the receivable is based and the nature of the debt.

For example;

• receivables arising from an invoice,
• rental receivables,
• receivables arising from a contract,
• receivables based on a check or promissory note (senet),
• receivables based on a court decision

enforcement procedures applicable thereto may not be the same.

Status of the Person Against Whom Enforcement Proceedings Have Been Initiated

If a payment order or enforcement order is served to an individual, the type of document must first be determined.

Since objection and complaint periods in execution law may vary depending on the type of proceeding, the date of service is of importance.

The basis of the proceeding, whether a debt exists, whether a payment has been made, and whether there is any procedural issue in the proceeding can be evaluated separately.

Criminal Investigations and Criminal Cases

A person may be a party to a criminal investigation in the capacity of a complainant, victim, aggrieved party, suspect, or defendant.

In the criminal law process, the person's status in the file, the stage of the investigation, and the nature of the alleged act are important.

During the investigation stage, evidence may be collected by the Public Prosecutor's Office, statements may be taken, and various precautionary measures may come into question depending on the nature of the incident.

If it is concluded that there is sufficient suspicion requiring the filing of a public lawsuit as a result of the investigation, an indictment may be prepared. With the acceptance of the indictment by the court, the prosecution stage begins.

The Importance of Evidence in Criminal Cases

In criminal disputes, not only the statements of the parties but also, depending on the nature of the incident, camera footage, messages, digital data, witness testimonies, expert examinations, medical documents, and other evidence may be evaluated.

Each criminal case must be examined based on its own evidentiary status. It is not appropriate to make a definitive assessment as to whether a crime has been committed or not without reviewing the case file.

Disputes Arising from Compensation Law

A person suffering pecuniary or non-pecuniary damage due to an unlawful act or another legal reason may give rise to claims for compensation.

One of the fundamental issues in compensation law is establishing the legal relationship between the damage and the event alleged to have caused liability.

Depending on the specific circumstances of the case;

• traffic accidents,
• workplace accidents,
• tort,
• breach of contract,
• bodily harm,
• deprivation of support due to death,
• violation of personal rights,

compensation disputes may arise for various reasons such as these.

Pecuniary Damages

In claims for pecuniary compensation, the nature and amount of the economic loss incurred are evaluated. In cases involving bodily injury, various factors such as the person's age, income, loss of working capacity, and fault ratios may affect the calculation.

Non-Pecuniary Damages

Non-pecuniary damages are not limited to a mathematical calculation. They are assessed by taking into account the specifics of the incident, the nature of the violation or harm caused, and the circumstances of the parties.

Legal Proceedings Arising from Work Accidents

Workplace accidents may require the joint evaluation of social security law, labor law, and damages law.

Following a workplace accident, reporting the incident to SGK’s, the employer's obligations, the employee's health condition, and fault ratios may lead to various legal consequences.

In workplace accidents resulting in injury, loss of working capacity and pecuniary and non-pecuniary damages may arise, while in workplace accidents resulting in death, loss of support and non-pecuniary damages of the relatives may become applicable.

When determining the legal consequences of a workplace accident, not only the occurrence of the accident itself, but also the manner in which it occurred and the responsibilities of the parties are examined.

Corporate Law and Commercial Disputes

The daily operations of companies operating in Büyükçekmece and its surrounding areas may give rise to various legal relationships.

Depending on concrete needs, works related to corporate law include;

• legal evaluation of company incorporation procedures,
• review of company articles of association,
• shareholders' agreements,
• share transfer transactions,
• disputes among shareholders,
• general assembly transactions,
• management and representation matters,
• commercial contracts,
• commercial receivables,
• company liquidation

may be included.

For companies, legal consultancy is not merely an activity carried out after a dispute arises. Evaluating the legal status before executing a contract or partnership transaction can also be crucial in terms of understanding potential future legal disputes.

Review of Commercial Contracts

Commercial relationships are mostly conducted through contracts. Provisions such as obligations of the parties, payment terms, delivery, termination, liquidated damages, confidentiality, and dispute resolution can directly affect the legal standing of the parties.

When evaluating a contract, not only individual provisions, but the entire contract and the structure of the commercial relationship between the parties must be examined together.

In cases where the contract refers to another contract, technical specification, or supplementary protocol, these documents may also need to be evaluated together.

Disputes Arising from Administrative Law

Individuals and companies may experience legal disputes due to actions taken by various administrative authorities.

Legal remedies available against administrative acts differ from civil law or criminal law disputes.

Statutes of limitations for filing lawsuits in administrative jurisdiction are particularly important. Assessments regarding the litigation period should not be made without examining the notification date of the action, the administrative authority that enacted the action, and the applicable special legislation.

Disputes connected with administrative law may include, depending on the specific case;

• annulment of administrative acts,
• disputes concerning public officials,
• administrative fines,
• license and permit procedures,
• administrative actions instituted concerning foreigners,
• damages alleged to arise from administrative acts or actions

may be found.

Transactions within the Scope of Immigration and Aliens Law

Procedures regarding the residence, work, deportation, and entry into the country of foreigners located in Türkiye are evaluated within the scope of the relevant legislation, primarily the Law on Foreigners and International Protection No. 6458.

Application or litigation deadlines may be of significance in immigration law. Particularly in proceedings such as deportation decisions, rejection of residence permit applications, or restriction codes, it is necessary to examine the content of the administrative action instituted against the individual and the date of service.

Not every administrative action instituted against a foreigner is subject to the same legal procedure. Therefore, determining a legal remedy solely based on general information without reviewing the document of the action may not be appropriate.

Legal Procedures Regarding Turkish Citizenship

Disputes concerning the acquisition of Turkish citizenship or citizenship applications may raise distinct legal issues within the scope of citizenship legislation and administrative law.

In the event of the rejection of a citizenship application, the request for additional documents during the application process, or the institution of an administrative action affecting citizenship status, the justification for the administration's action must first be examined.

Each citizenship file must be evaluated based on the grounds for application and the legal status of the individual.

Disputes Arising from Inheritance Law

Upon the death of an individual, various legal consequences arise regarding the estate, inheritance, and assets.

In inheritance law;

• certificate of inheritance,
• partition of the estate,
• testament,
• disclaimer of inheritance,
• forced heirship,
• reduction,
• claims of collusive acts of the decedent (muris muvazaası),
• dissolution of partnership (ortaklığın giderilmesi)

and similar disputes may arise.

In inheritance disputes, the examination of real estate records, civil registry records, testaments, or other documents may be required.

Consumer Disputes

Consumers may experience disputes with sellers, providers, or other commercial enterprises due to the goods or services they purchase.

The legal remedies applicable to defective goods, defective services, residential property sales, subscription agreements, and other consumer transactions may vary depending on factors such as the subject matter and monetary value of the dispute.

Whether an application should be submitted to the consumer arbitration committee or the consumer court must be determined by taking into account the jurisdictional limits set forth in the current legislation.

Why Is Service of Process Important in Legal Proceedings?

In many legal processes, statutory periods begin with service of process. Therefore, it is important for individuals to retain official documents served upon them and to determine the exact date on which service was effected.

Depending on the content of court documents, enforcement payment orders, administrative acts, or other official service of process, different time limits may apply for filing answers, objections, or lawsuits.

In cases where electronic notification (e-notification) is used, the legal date on which the notification is deemed to have been made must also be separately evaluated.

For this reason, upon receipt of an official document, one must examine not only the date printed on the document, but also the date of service and the specific regulations applicable thereto.

What Documents Can Be Prepared Before the Initial Consultation with a Lawyer?

In order for a legal dispute to be evaluated more thoroughly, it may be helpful to organize the documents related to the incident as systematically as possible.

Depending on the nature of the dispute, some of the following documents may be required:

• contracts,
• official notifications,
• petitions,
• court decisions,
• enforcement documents,
• title deeds,
• payment receipts,
• invoices,
• message and email correspondence,
• medical documents,
• correspondence sent by administrative authorities,
• company documents.

Preparing a brief chronology of the dispute may also facilitate the evaluation of the incident.

Legal Assessment Before Filing a Lawsuit

Litigation is not the solution for every legal dispute. Depending on the nature of the dispute, different legal remedies may be available, such as formal notices (ihtarname), negotiations, mandatory or voluntary mediation, administrative applications, enforcement proceedings, or direct litigation.

Which of these options will be applied is determined based on the specific circumstances of the case.

In a dispute where litigation is contemplated;

• the legal basis of the lawsuit,
• jurisdiction and venue,
• conditions precedent to suit,
• statutes of limitations or forfeiture periods,
• existing evidence,
• burden of proof,
• litigation expenses,
• potential legal risks of the dispute

must be evaluated in advance.

Mediation Process

Under Turkish law, applying to mediation prior to filing a lawsuit is a mandatory condition precedent for certain disputes.

Mediation provisions may apply to a significant portion of employment disputes, certain types of commercial disputes, and various disputes arising from lease relationships.

However, not every dispute falls within the scope of mandatory mediation. For example, certain types of lawsuits may be explicitly excluded from this scope by law.

Therefore, the answer to the question "should one apply to a mediator first or file a lawsuit directly?" must be determined based on the legal nature of the dispute.

Can the Duration of a Lawsuit Be Determined in Advance?

It is not possible to state in advance precisely how long a lawsuit will take to conclude.

The duration of the proceedings;

• depending on the type of lawsuit,
• the court's workload,
• the number of parties,
• whether witnesses will be heard or not,
• whether an expert witness examination is required,
• waiting for documents from other institutions,
• the existence of appellate or appeal (temyiz) proceedings

may vary depending on.

Similarly, it is not possible to guarantee the outcome of a lawsuit in advance. The court renders its decision by evaluating the claims, defenses, and evidence in the case file within the framework of the relevant legislation.

How Is the Attorney's Fee Determined?

The nature and scope of the legal work are important in determining the attorney's fee. One-time legal consultation, drafting contracts, litigation representation, and ongoing legal retainers are not services of the same scope.

When determining the fee, the effective Minimum Wage Tariff for Attorneyship and related legislation are taken into account.

It is not possible to state a single attorney's fee applicable to everyone without determining the scope of the specific legal matter.

Frequently Asked Questions About Legal Services in Büyükçekmece

Can a resident of Büyükçekmece work with a lawyer from another district?

Yes. It is generally not required for the attorney's office to be located in the district where the client resides. Attorneys may handle legal disputes in different cities and districts within the framework permitted by legislation.

Is it necessary to send the file before meeting with the attorney?

If there are documents related to the dispute, reviewing these documents can be useful for evaluating the file. However, which documents are required depends on the type of dispute.

Is it necessary to file a lawsuit for every legal dispute?

No. Depending on the nature of the specific case, a warning letter, negotiation, mediation, administrative application, enforcement proceeding, or other legal methods may be utilized.

Is it mandatory to apply to a mediator before filing a lawsuit?

Mediation is a mandatory condition for filing a lawsuit regarding certain types of disputes, while it is not for others. The necessity of mediation must be evaluated after determining the legal nature of the dispute.

Can a definitive outcome be predicted for a lawsuit?

No. It is not possible to guarantee the outcome of a proceeding in advance. The outcome depends on the claims, defenses, evidence, applicable law in the file, and the evaluation of the judicial authority.

How long does it take for a lawsuit to conclude?

The duration varies from file to file due to the type of lawsuit, evidence, expert and witness examinations, the workload of the court, and appellate stages. A definitive duration for litigation cannot be provided.

What should be done when an official notification (tebligat) is received?

The content and service date of the document must be checked. Since there may be a lawsuit, objection, or application deadline associated with the service of process, it is important to have the document evaluated legally without delay.

Are legal consultancy and litigation representation the same thing?

No. Legal consultancy refers to the examination and assessment of a specific legal issue. In litigation or enforcement proceedings, however, judicial or execution processes are conducted separately.

Does an attorney specifying their practice areas on a website imply specialization?

An attorney stating that they practice in certain fields of law does not, by itself, constitute an official specialization title. Legal disputes are evaluated according to the nature of the specific case.

About Batın Yılmaz Law Firm

Batın Yılmaz Law Firm, carries out legal practices in the Beylikdüzü district of Istanbul. Depending on the nature of the case, legal consultancy and advocacy services can also be provided for legal disputes connected with Büyükçekmece and other districts of Istanbul.

The activities carried out by the office include legal proceedings arising from family law, real estate and tenancy law, enforcement and bankruptcy law, compensation law, criminal law, corporate law, immigration and foreigner law, and administrative law, depending on the nature of the specific case.

Each legal dispute is evaluated separately within the framework of its own facts, parties, documents, and applicable legislation.

Attorney Batın YILMAZ
Istanbul Bar Association Bar Registry No: 77008

Legal Notice

This page has been prepared for informational purposes regarding the legal activities of Batın Yılmaz Law Firm and the general scope of various legal disputes.

The explanations on this page do not constitute a legal opinion, promise of lawsuit outcome, or guarantee regarding any person or dispute. Even in disputes appearing under the same legal heading, different legal outcomes may arise depending on the specifics of the incident, available evidence, and current legislation.

In order to evaluate a legal dispute, the specific incident and relevant documents must be examined separately.