Commercial Law

Commercial law covers a broad field stretching from the formation of a business to its dissolution, and comprises the rules governing companies, commercial contracts, and commercial disputes. Built primarily around the Turkish Commercial Code, this area aims to ensure that commercial life functions in a swift and secure manner, placing the relationships among merchants, companies, and other commercial actors within a clear legal framework. The following is a general and informative overview of the field.

Scope of the Field

Commercial law encompasses many interconnected matters. Topics frequently encountered in practice include:

• Formation, conversion of type, merger, division, and liquidation of companies
• Share transfers, general assembly, and board procedures in joint-stock and limited liability companies
• Drafting, negotiating, and reviewing commercial contracts
• Pursuit of commercial receivables and resolution of commercial disputes
• Unfair competition, trade names, and matters relating to the enterprise

These topics may arise in both litigation and non-litigation processes.

How the Process Generally Works

A commercial matter usually begins with an assessment of the existing situation and documents. Contracts, commercial books, correspondence, and company records are examined, and the legal nature of the dispute is determined. Consideration is then given to whether resolution is best pursued through non-litigation methods (negotiation, formal notice, mediation) or through judicial channels. In commercial lawsuits, there are circumstances in which mediation must be sought as a condition of litigation before a case is filed, so conducting the process in the correct order is important.

Points for Clients to Consider

In commercial relationships, written documentation and orderly record-keeping carry significant weight. Points generally useful to keep in mind include:

• Reading contracts carefully before signing and defining terms clearly
• Keeping commercial correspondence and delivery records in good order
• Tracking statutes of limitation and forfeiture periods on receivables
• Observing statutory procedures in general assembly and decision-making processes

Time limits and procedural rules can be decisive in protecting one's rights.

The Firm's Approach

Our office provides legal advisory services and litigation support to companies and individuals in the area of commercial law. In its work, each file is assessed according to its particular circumstances within the framework of the applicable legislation, and legal support is offered at various stages, from contract processes to dispute resolution. The information on this page is general in nature; a specific matter requires an individual legal assessment tailored to the particular case.