In our daily lives, we purchase countless goods and services. When we buy a product or use a service, our expectation is that it will be flawless, as promised, and fit for its purpose. However, sometimes, defects or "faults" may appear in the products or services we purchase. This situation brings to the forefront the rights we have as consumers. In Turkey, consumer protection is guaranteed by Law No. 6502 on Consumer Protection. This guide will explain in detail what constitutes defective goods or services, what rights consumers have in such cases, and how these rights can be exercised.

What Are Defective Goods or Services? (Law No. 6502, Art. 8, 13)

Article 8 of Law No. 6502 on Consumer Protection defines defective goods as: "Goods that are contrary to the quantity affecting the quality or the quality specified in their packaging, label, introductory and user manuals, internet portal, or advertisements and announcements, or reported by the seller, or determined in their standard or technical regulation, or that contain material, legal, or economic deficiencies that reduce or eliminate their value in terms of their intended purpose or use, or the benefits expected by the consumer from them."

Similarly, Article 13 of the Law defines defective service as: "A service is deemed to be defectively performed if it does not start or finish within the period specified in the contract, does not possess the promised qualities, or is not in compliance with the standards determined in the relevant legislation or generally accepted standards."

In short, if a good or service does not possess the features specified in its promotion, promised, or normally expected, and this reduces its value or intended use, it is considered "defective."

Examples:

• A newly purchased phone with a broken camera.
• A repaired vehicle that exhibits the same malfunction shortly after.
• An online-ordered dress that arrives in a different color or size.
• A hotel room with a parking lot view instead of the promised sea view.
• A house shown by a real estate agent that is actually smaller in square meters (legal defect).

Consumer's Optional Rights in Case of Defective Goods (Law No. 6502, Art. 11)

According to Article 11 of the Consumer Protection Law, in the event of defective goods, the consumer is granted four main optional rights. These rights aim to remedy the consumer's grievance:

1. Rescinding the Contract by Declaring Readiness to Return the Goods: The consumer can demand a full refund of the price paid by stating that they are ready to return the defective goods. In this case, the seller or provider who received the goods is also obliged to refund the price.
   • Important Note: This right cannot be used if the defect is "insignificant." A judge or arbitration committee may assess the significance of the defect.
2. Requesting Replacement with a Non-Defective Equivalent: The consumer can demand that the defective goods be replaced with a new, non-defective product with the exact same features. This right is frequently used, especially for mass-produced products.
3. Requesting a Price Reduction Proportional to the Defect: The consumer can accept keeping the defective goods and demand a reduction in the sales price proportional to the defect. This may be preferred in cases where the defect is minor but still reduces the value.
4. Requesting Free Repair: The consumer can demand that the defect in the goods be repaired free of charge. The seller or manufacturer is obliged to perform or have the repair performed.
   • Important Note: If the right to repair is exercised, the maximum repair period for the goods is 20 working days. If the repair cannot be completed within this period, the consumer can exercise their other optional rights. Additionally, the repair should not impose an excessive burden on the consumer or reduce the value of the goods.

These optional rights are left to the consumer's choice. The seller or provider is obliged to fulfill one of the rights chosen by the consumer.

Consumer's Optional Rights in Case of Defective Services (Law No. 6502, Art. 15)

According to Article 15 of the Law, in the event of a defective service, the consumer is granted the following rights:

1. Rescinding the Contract: The consumer can terminate the contract by notifying that the service was defectively performed and demand a refund of the price paid.
2. Requesting Re-performance of the Service: The consumer can demand that the defectively performed service be re-performed without any defects.
3. Requesting a Price Reduction Proportional to the Defect: The consumer can request a reduction in the service price proportional to the defect.

These rights must be usable according to the nature of the service and without imposing an excessive burden on the consumer or reducing the value of the service.

Time Limits and Application Procedures for Exercising Rights

There are specific legal time limits and application procedures that consumers must follow to exercise their optional rights.

Statute of Limitations (Law No. 6502, Art. 12)

Article 12 of the Law regulates the statute of limitations:

• If the defect appears within 2 years from the date of delivery to the consumer, the consumer can exercise their optional rights. This is also known as a "special case" period.
• For residential or holiday-purpose immovable properties, this period is 5 years.
• If the defect was concealed by the seller's gross negligence or fraud, the statute of limitations does not apply.

In other words, the consumer can exercise their rights as soon as the defect appears.

Application Procedures:

1. Contacting the Seller/Provider: When you encounter a defective product or service, the first step is to contact the seller or service provider. It is important to notify them of the defect in writing (via verifiable means such as email, registered mail, or a notary's notice) and state your chosen optional right. This can often lead to a quick resolution.
2. Applying to the Consumer Arbitration Committee (Law No. 6502, Art. 68):
   • If an agreement cannot be reached with the seller/provider or your request is denied, you can apply to the Consumer Arbitration Committees within the specified monetary limits (updated annually).
   • The application is made to the Consumer Arbitration Committee in the consumer's place of residence or where the consumer transaction took place.
   • Applications can be made via e-Devlet (Consumer Information System - TÜRKSİS) or physically to the arbitration committees within the provincial/district directorates of trade.
   • The decisions of the Consumer Arbitration Committees are enforceable according to the provisions of the Enforcement and Bankruptcy Law.
3. Applying to the Consumer Court:
   • For disputes exceeding the monetary limits of the Consumer Arbitration Committees or if you are not satisfied with the decision of the Arbitration Committee, you can apply to the Consumer Courts.
   • These lawsuits are generally recommended to be filed with the assistance of a lawyer, as they require legal knowledge and experience.
   • Mediation is mandatory before filing a lawsuit in consumer cases. If no agreement is reached in mediation, a lawsuit can be filed.

Difference Between the Right of Withdrawal and Defective Goods

Another right often confused with defective goods rights is the "right of withdrawal." The right of withdrawal (Law No. 6502, Art. 48), especially in distance sales contracts (purchases made via the internet, phone, etc.), is the consumer's right to rescind the contract within 14 days from the date of receiving the goods, without giving any reason and without paying any penalty. The right of withdrawal can be used even if there is no defect in the goods, whereas defective goods rights only come into play when there is a fault or deficiency in the goods.

Conclusion

Encountering defective goods or services is an inevitable situation in modern consumer society. However, Law No. 6502 on Consumer Protection grants consumers strong legal rights in such situations. The rights to request a replacement, a refund, a price reduction, or free repair are aimed at remedying the consumer's grievance.

To effectively exercise these rights, it is important to notify the seller of the defect in a timely and verifiable manner and to use the legal application channels (Consumer Arbitration Committee or Consumer Court) correctly. At every stage of the process, obtaining legal advice from a lawyer to ensure your rights are fully protected and legal procedures are correctly applied is crucial to avoid loss of rights and achieve the best possible outcome. Knowing and defending your rights as a consumer is the first step to being a conscious consumer.

The divorce process brings with it many legal consequences upon the termination of a marriage. Perhaps one of the most complex and controversial of these consequences is the issue of "property division" between the spouses. Especially in long-term marriages or when the parties are economically active, how the assets acquired during the marriage will be divided is of great importance. In Turkey, the principles of property division are regulated in the Turkish Civil Code (TMK) No. 4721. This guide will provide a detailed examination of the "Regime of Participation in Acquired Property," which forms the basis of property division lawsuits in divorce, the types of assets, calculation methods, and important points to consider.

What is a Marital Property Regime and the Legal Regime: Regime of Participation in Acquired Property

The management, use, and division of assets owned by spouses during the marriage and upon its termination are regulated by a "marital property regime." While the Turkish Civil Code allows spouses to choose various property regimes (separation of property, shared separation of property, community of property), if the parties have not made a "marital property agreement" before or during the marriage, the "Regime of Participation in Acquired Property" is legally applied (TMK Art. 202).

Regime of Participation in Acquired Property (TMK Art. 218-241):

With the new Civil Code that came into effect on January 1, 2002, if no other property regime is chosen between the spouses, the "Regime of Participation in Acquired Property" is automatically applied. This regime is valid if the spouses did not make a marital property agreement before or after marriage. In this regime, spouses have mutual rights over the assets acquired during the marriage.

According to this regime, each spouse has two types of property groups:

1. Acquired Property (TMK Art. 219): These are asset values obtained for a consideration (by working, earning income, etc.) during the marriage. For example:
   • Income from work (salary, wages, compensation).
   • Payments from social security or social assistance institutions and organizations or funds established for employee assistance.
   • Compensation paid for loss of earning capacity (e.g., work accident compensation).
   • Income from personal property (e.g., rental income from a house acquired before marriage).
   • Values that replace acquired property (e.g., a car acquired during marriage is sold and another car is bought).
2. Personal Property (TMK Art. 220): These are asset values that are not included in acquired property by law and belong to the personal use of the spouse. For example:
   • Items for the personal use of one of the spouses only (personal clothing, jewelry, personal care items).
   • Assets owned before marriage (house, car, money in the bank acquired before marriage).
   • Assets acquired through inheritance or gratuitous acquisition (donation, lottery, gift).
   • Claims for non-pecuniary damages (e.g., non-pecuniary damages received as a result of a traffic accident).
   • Values that replace personal property (a house acquired before marriage is sold and another house is bought).

How to File a Property Division (Participation in Acquired Property) Lawsuit?

A property division (Participation in Acquired Property) lawsuit can be filed together with the divorce lawsuit or independently after the divorce decree becomes final. The lawsuit is filed in the Family Court.

Turkish Civil Code Art. 178 (Statute of Limitations): "Rights to sue arising from the termination of marriage due to divorce are subject to a statute of limitations of one year from the finalization of the divorce decree." However, the practice of the Court of Cassation applies the general 10-year statute of limitations (TCC Art. 146) for claims arising from the property regime. This means that even if the divorce is final, a property division lawsuit can be filed within 10 years.

Calculation Methods in the Regime of Participation in Acquired Property

The main purpose of a property division lawsuit is the equal division of the "surplus value" of the assets acquired during the marriage. The calculation is made in the following steps:

1. Determination of Existing Assets: First, all acquired and personal assets of both spouses as of the date the divorce lawsuit was filed (or the date the property regime ended) are determined. Evidence such as title deeds, bank account statements, vehicle registrations, company records, and jewelry, if any, are collected.
2. Separation of Personal Property: From the determined assets, those that are personal property are separated and not included in the calculation.
3. Equalization (TMK Art. 229): If one spouse has contributed from their personal property to the acquired property or from their acquired property to their personal property, these contributions are taken into account through "equalization." For example, if part of a house acquired during the marriage was paid for with money inherited before the marriage, this contribution is considered a contribution from personal property and is excluded from the division.
4. Claim for Share in Value Increase (TMK Art. 227): If one spouse has contributed to the acquisition, improvement, or preservation of the other spouse's property without receiving any consideration, they can request that their contribution be paid to them as a "share in the value increase" upon the termination of the property regime. This claim is calculated based on the value of the property at the time of liquidation. For example, if one spouse's personal money was used to renovate the other spouse's personal property (house).
5. Values to be Added (TMK Art. 229): Some gratuitous transfers or transactions made with the intent to misappropriate assets are added to the acquired property and included in the calculation. For example, gratuitous transfers made by one spouse within one year before the end of the property regime without the other spouse's consent.
6. Deduction of Debts: The debts related to each spouse's acquired property are deducted from that spouse's acquired property.
7. Determination of Surplus Value (TMK Art. 231): Surplus value is the amount found by deducting the debts and contributions from personal property from the total value of a spouse's acquired property. "It is the amount remaining after deducting the debts from each spouse's acquired property."
8. Participation Claim (TMK Art. 236): "Each spouse or their heirs are entitled to half of the other spouse's surplus value." In other words, half of each spouse's own surplus value and half of the other spouse's surplus value constitute the participation claim. If one spouse's surplus value is negative, this does not affect the other spouse's surplus value.

Simple Example: (Fictional figures and situations)

• Wife's Assets:
  • Apartment bought with salary after marriage: 2,000,000 TL (Acquired Property)
  • Land inherited from father before marriage: 500,000 TL (Personal Property)
  • Bank loan debt for the apartment: 500,000 TL
  • Rental income from the personal property (land): 100,000 TL (Acquired Property)
• Wife's Total Acquired Property: 2,000,000 (Apartment) + 100,000 (Rental Income) = 2,100,000 TL
• Wife's Debts from Acquired Property: 500,000 TL
• Wife's Surplus Value: 2,100,000 TL - 500,000 TL = 1,600,000 TL
• Husband's Assets:
  • Car bought with salary after marriage: 800,000 TL (Acquired Property)
  • Money in the bank before marriage: 200,000 TL (Personal Property)
  • Contribution to the car with money from his father: 100,000 TL (Equalization, contribution from personal property to acquired property)
• Husband's Total Acquired Property: 800,000 TL (Car)
• Husband's Debts from Acquired Property: None
• Husband's Surplus Value: 800,000 TL - 100,000 (Personal Property Contribution) = 700,000 TL
• Total Surplus Values:
  • Wife's Surplus Value: 1,600,000 TL
  • Husband's Surplus Value: 700,000 TL
• Calculation of Participation Claim:
  • The husband is entitled to half of the wife's surplus value: 1,600,000 TL / 2 = 800,000 TL
  • The wife is entitled to half of the husband's surplus value: 700,000 TL / 2 = 350,000 TL
• Who Pays Whom What?
  • The difference: 800,000 TL (Husband's right) - 350,000 TL (Wife's right) = 450,000 TL
  • In this case, the Wife is obliged to pay the Husband 450,000 TL as a "participation claim."

This calculation is highly simplified and in real cases involves many complex stages such as the valuation of immovable properties (expert report), examination of bank records, and detailed separation of personal/acquired property.

Points to Consider in a Property Division Lawsuit

• Evidence Collection: All documents such as bank account statements, title deeds, vehicle registrations, salary slips, business records, bank loan agreements, photos of jewelry, and witness statements should be carefully collected.
• Valuation: It is common for the value of assets to change from the date the property regime ended (the date the divorce lawsuit was filed) to the time the lawsuit is ongoing or decided. The court usually takes the fair market values at the date of the decision as a basis. Therefore, expert reports are of great importance.
• Interest: In claims arising from the liquidation of the property regime, interest starts to accrue from the date the lawsuit is filed.
• Allegations of Asset Misappropriation: Sales or transfers made by one of the spouses with the intent to misappropriate assets during the divorce process can be canceled by the court or their values can be included in the calculation. This situation is evaluated under "values to be added" in TMK Art. 229.
• Jewelry: Jewelry given at the wedding is generally considered a gift to the wife and is accepted as her personal property. However, there may be different precedents of the Court of Cassation on this matter, and each case is evaluated on its own merits.

Conclusion

The property division lawsuit in divorce is a legally and financially complex process aimed at the fair distribution of assets accumulated by the spouses during the marriage. These divisions, based on the "Regime of Participation in Acquired Property" of the Turkish Civil Code, require the meticulous separation of personal and acquired property, the equalization of contributions and debts, and the correct calculation of the "surplus value."

The importance of professional legal support to avoid loss of rights, ensure the correct determination of your assets, and achieve a fair division in this process cannot be overstated. A lawyer specializing in family law and property regime liquidation will guide you at every step, from collecting evidence to valuation, ensuring correct calculations, and managing the litigation process, and will defend your rights to the fullest. Remember, with the right information and an expert lawyer, it is possible to get through this challenging process with minimal damage.

In the legal system, judicial processes can often be complex and alarming for citizens. The act of "giving a statement," which is at the beginning of these processes, means being heard by law enforcement (police, gendarmerie) or the prosecutor's office as a suspect, witness, or victim in relation to a crime. The statement process is a critical stage that requires a person to know their legal rights correctly and to use these rights effectively. In Turkey, the criminal procedure process is regulated by the Criminal Procedure Code (CMK) No. 5271. This guide will provide a detailed explanation of how the statement process works, your rights at the police station and prosecutor's office, and important points to consider.

What is Giving a Statement and Why is it Important?

Giving a statement is the process of obtaining information from a person about a suspicion of a crime, a report, or an event. This process forms the basis of the investigation, and the information collected plays an important role in determining the direction of the judicial process. The statements of the person giving the statement can be considered as evidence during the investigation phase and can be evaluated by the court during the prosecution (trial) phase. Therefore, every word said while giving a statement is of great importance.

Roles in Giving a Statement

Giving a statement can occur in different roles:

1. Suspect: A person who is suspected of having committed a crime. This is the person who is under investigation and is called to give a statement with an accusation of a crime.
2. Witness: A person who has information about an event or crime, was present at the scene, or witnessed the event. Testifying is a civic duty.
3. Victim/Complainant: A person who has been directly harmed by a crime or whose rights have been violated due to a crime. The victim can also give a statement as a complainant.

Each role has different rights and obligations during the statement process. The rights of persons giving a statement as a "suspect" are protected more comprehensively than others.

Your Basic Rights During the Statement Process (CMK No. 5271)

The Criminal Procedure Code guarantees the rights of everyone who gives a statement, especially suspects. These rights are a requirement of the principle of a fair trial.

Rights of the Suspect:

Article 147 of the Criminal Procedure Code (CMK) No. 5271 clearly states the principles and rights to be followed when taking a suspect's statement:

1. Identity Verification and Information about the Accusation: The reason for being called to give a statement, the accusation against you, and the legal nature of this accusation must be clearly explained to you. Knowing what crime you are giving a statement for is the basic step to defend yourself.
2. Right to an Attorney (Lawyer): This is one of the most basic and inalienable rights of the suspect. According to CMK Art. 147/1-c: "He shall be informed of his right to choose a lawyer and to benefit from his legal assistance, that the lawyer may be present during the taking of the statement."
   • If you do not have a lawyer or do not have the financial means to hire one, you can request that a lawyer (attorney) be appointed to you by the bar association upon your request, according to CMK Art. 150.
   • You have the right to refuse to give a statement until your lawyer arrives.
   • Your lawyer can be present with you during the statement and provide you with legal assistance.
3. Right to Notify Relatives: If you are detained or arrested, you have the right to request that a relative (a person you specify) be informed immediately (CMK Art. 95).
4. Right to Remain Silent (Right to Refrain from Giving a Statement): According to CMK Art. 147/1-e: "He shall be informed that it is his legal right not to make a statement about the alleged crime." You are not obliged to give a statement under any pressure or coercion. Your use of the right to remain silent cannot be used as evidence against you. However, using the right to remain silent may be interpreted against you in some cases, so it is important to consult with your lawyer.
5. Right to Present Evidence and Ask Questions: You have the right to present evidence or state points in your favor to defend yourself (CMK Art. 147/1-g). You can also ask questions in your favor while answering the questions asked to you.
6. Recording of the Statement and Reading and Signing: Your statement must be recorded as you have stated. When your statement is finished, you have the right to read the record carefully, correct any mistakes, or complete any omissions. Never sign a record without reading it or being sure of its content (CMK Art. 147/1-h).
7. Right to Ask Questions Through a Lawyer: Your lawyer cannot ask you questions directly during the statement, but can request that questions be directed to you or object to the questions asked to you.

Rights and Obligations of a Witness (CMK Art. 43-60)

Witnesses have an obligation to give a statement. However, in some cases, they have the right to refrain from testifying (CMK Art. 45-46), for example; the spouse, fiancé, ascendants, descendants, siblings of the suspect or defendant.

• Obligation to Tell the Truth: A witness is obliged to tell what they know truthfully and completely. Perjury is a crime according to the Turkish Penal Code (TCK Art. 272).
• Oath: They are heard under oath in court.
• Expenses: Expenses such as transportation, accommodation, and loss of earnings due to testifying can be claimed (CMK Art. 60).

Rights of the Victim/Complainant (CMK Art. 234)

The victim or complainant also has rights during the investigation process:

• To request the collection of evidence during the investigation phase.
• To act in accordance with the principle of confidentiality of the investigation.
• To have an attorney (lawyer).
• To object to a decision of non-prosecution (nolle prosequi).
• To participate in the public prosecution.

The Statement Process at the Police Station

The police station (Police or Gendarmerie) is the law enforcement agency that conducts the initial stage of the investigation. The taking of statements usually begins here.

1. Summons/Call: You are usually called to give a statement by a phone call or a written summons. It is important to consult with your lawyer before you go.
2. Identity Verification and Notification of Rights: At the police station, your identity is first verified. Then, all your rights mentioned above (right to an attorney, right to remain silent, etc.) are read to you, and your signature is taken to confirm that you understand them. If there is anything you do not understand, be sure to ask.
3. Taking of the Statement: You are asked questions about the accusation. Try to give clear and accurate answers to the questions. If your lawyer is with you, you can answer after consulting with them.
4. Preparation and Signing of the Record: Your statement is typed into a computer by clerks. When your statement is finished, read the record carefully from beginning to end. If there is anything missing or incorrect, ask for it to be corrected. Make sure that everything you said is written down correctly. Never sign a record that you do not approve of or that you do not think is correct. Review it one last time with your lawyer before signing.

The Statement Process at the Prosecutor's Office

The main authority conducting the investigation is the public prosecutor's office. Statements taken by law enforcement are submitted to the prosecutor's office, and the prosecutor may call the suspect, witness, or victim to give a statement again if deemed necessary.

1. Summons: The prosecutor's office usually issues a written summons.
2. Notification of Rights: At the prosecutor's office, your rights (right to an attorney, right to remain silent, etc.) are also notified to you again.
3. Taking of the Statement: The prosecutor takes your statement directly or through a clerk authorized by them. Unlike law enforcement, the prosecutor is more competent in legal qualification.
4. Checking and Signing of the Record: After your statement is recorded, read it carefully again and ask for any inaccuracies or omissions to be corrected. It is very important to review it with your lawyer before signing.

Important Points to Consider

• Get Support from Your Lawyer: The first thing you should do when you are called to give a statement is to contact a lawyer. Your lawyer will follow the process on your behalf, protect your rights, and guide you in making correct statements. Do not give a statement without your lawyer.
• Do Not Rush: When you are asked to sign a paper, ask for time to read it. Ask about everything you do not understand.
• Give Correct Information: When giving a statement, tell the facts you know correctly. Giving false or incomplete information may turn against you later. However, you always have the right to use your right to remain silent.
• Do Not Be Pressured: Do not give a statement under any pressure, threat, or coercion. Report such situations to your lawyer or the court immediately.
• Get a Copy of Your Statement: After giving a statement, request a copy of the record. This will be a reference for you in future processes.
• Pay Attention to Confidentiality: Due to the principle of confidentiality of the investigation, be careful not to share the information you learn or state during the statement process with third parties.

Conclusion

The statement process is a critical stage of a judicial investigation and is of great importance for the protection of a person's legal rights. When giving a statement before law enforcement or the prosecutor's office, it is vital to fully know and effectively use your rights guaranteed by the Criminal Procedure Code (such as the right to an attorney, the right to remain silent, and the right to read and correct the record).

Given the complexities and legal subtleties you may encounter in this process, the guidance of a lawyer specializing in criminal law is indispensable. Your lawyer will protect your rights at every stage of the process, ensure that you make correct statements, and prevent any potential loss of rights. Remember, compliance with legal procedures and conscious action form the basis of a fair trial process.

Working life is one of the fundamental areas that shape an individual's identity, social circle, and economic security. Unfortunately, undesirable situations can sometimes occur in workplaces that negatively affect the peace and health of employees, and can even lead to them losing their jobs. At the forefront of these situations is "mobbing," or in other words, "psychological harassment." Mobbing refers to acts of intimidation, exclusion, humiliation, defamation, or psychological violence carried out systematically against one or more people in a workplace over a certain period of time. This guide will provide a detailed explanation of what mobbing is, its types, its place in our legal system, and the legal rights of employees who are subjected to mobbing.

What is Mobbing (Psychological Harassment)?

The concept of mobbing was first used by the Swedish psychologist and author Heinz Leymann in the 1980s to describe psychological harassment in the workplace. It is a concept that has been recognized by the International Labour Organization (ILO) and the European Union.

The main characteristics of mobbing are as follows:

1. Systematic Nature: A one-time incident or an isolated argument cannot be classified as mobbing. The actions must be repeated regularly and continuously as part of a specific plan.
2. Target-Oriented: The actions are directed at a specific person or persons.
3. Involves Psychological Violence: Rather than physical violence, psychological harassment methods such as psychological pressure, intimidation, humiliation, exclusion, and spreading gossip are used.
4. Affects the Work Relationship: Mobbing actions negatively affect the victim's job performance, motivation, and self-confidence, and disrupt the peace in the workplace.
5. Creates a Hostile Environment: A hostile, humiliating, intimidating, or threatening environment is created for the victim in the workplace.
6. Continues for a Certain Period: The actions are not short-term but spread over a specific period of time. (In doctrine, a period of at least 6 months is generally taken as a basis, but each case must be evaluated in its own circumstances.)

Parties and Types of Mobbing

Mobbing can generally occur in three different ways:

1. Vertical Mobbing (Top-Down): This is the most common type of mobbing. It is psychological harassment applied by senior managers or supervisors to their subordinates. In this type of mobbing, the party in power tries to intimidate the subordinate or force them to resign.
2. Horizontal Mobbing (Peer-to-Peer Mobbing): This is mobbing applied by colleagues of the same status to each other. It can arise from reasons such as competition, jealousy, and incompatibility.
3. Vertical Mobbing (Bottom-Up): Although rare, this is mobbing applied by subordinates who unite against a senior manager or supervisor. It can be seen especially against a newly appointed person or someone who replaces a beloved manager.

Actions That Can Be Considered Mobbing

Mobbing actions can be very diverse. Examples include:

• Exclusion from the work environment: Isolating the employee from social environments, not inviting them to meetings, cutting off the flow of information.
• Work-related sabotage: Unnecessarily increasing or decreasing the workload, giving meaningless tasks, deliberately setting short deadlines, constantly disliking completed work.
• Defamation: Spreading gossip about the employee, belittling their talent or personality, constantly criticizing their performance.
• Verbal abuse: Using profanity, insults, sarcastic and demeaning expressions.
• Psychological pressure: Constant monitoring, threatening, intimidating, interfering in their private life.
• Physical harassment: Even if not direct physical violence, actions such as damaging personal belongings, pushing.
• Sexual harassment: Sexually explicit jokes, innuendos, or touching (this is also a crime according to the TCK).

Mobbing and Legal Basis in Our Legal System

There is no specific law in Turkish law that directly and with a single article regulates mobbing. However, provisions in various laws provide legal protection to victims of mobbing:

1. Turkish Code of Obligations (TCO):
   • TCO Art. 417 (Employer's Duty to Protect the Employee): "In a service relationship, the employer is obliged to protect and respect the employee's personality and to ensure an order in the workplace in accordance with the principles of honesty, in particular to take the necessary measures to ensure that employees are not subjected to psychological and sexual harassment and to protect them against such harassment." This article clearly states the employer's obligation to prevent and stop mobbing. The employer is responsible if they fail to fulfill this obligation.
   • TCO Art. 43 (Unjustified Termination): An employee who terminates the employment contract due to mobbing may be deemed to have terminated for just cause and may be entitled to severance pay.
   • TCO Art. 58 (Non-Pecuniary Damages): A lawsuit for non-pecuniary damages can be filed in case of an attack on personal rights. Mobbing constitutes a serious attack on the employee's personal rights.
2. Labor Law No. 4857:
   • Labor Law Art. 24/II-e (Just Cause for Termination by the Employee): If the employer or other employees engage in conduct that affects the employee's honor and dignity or sexual harassment in the workplace, or if the employer fails to take measures despite knowing about such conduct, the employee has the right to terminate the employment contract for just cause. This article covers some types of mobbing. In this case, the employee is entitled to severance pay and can receive unemployment benefits.
   • Labor Law Art. 77 (Occupational Health and Safety Measures): The employer is obliged to ensure the health and safety of employees in the workplace. Psychological health is also included in this scope.
3. Turkish Penal Code (TPC):
   • Not all mobbing actions may constitute a crime on their own, but some mobbing actions can be considered crimes under the Turkish Penal Code:
     • TPC Art. 125 (Insult): Demeaning or honor-damaging statements.
     • TPC Art. 107 (Sexual Harassment): Actions involving sexual harassment.
     • TPC Art. 117 (Violation of Freedom of Work and Labor): Preventing the employee from working or forcing them to resign.
     • TPC Art. 122 (Hate and Discrimination): Mobbing carried out with a discriminatory motive.
     • TPC Art. 134 (Violation of Privacy of Private Life): Disclosure or recording of private life.

Legal Rights and Application Procedures for Employees Subjected to Mobbing

An employee who is subjected to mobbing has various legal remedies and claims:

1. Termination of the Employment Contract for Just Cause and Claim for Severance Pay:
   • If the mobbing actions fall within the scope of Labor Law Art. 24/II-e or violate the employer's duty of care in TCO Art. 417, the employee can terminate the employment contract for just cause. In this case, the employee is entitled to severance pay.
   • Legal Action: A "Severance Pay" lawsuit can be filed in the Labor Court. A mandatory mediation process must be initiated before filing a lawsuit.
2. Lawsuit for Pecuniary and Non-Pecuniary Damages:
   • An employee whose personal rights have been violated due to mobbing and who has suffered psychological or physical health problems can file a lawsuit for pecuniary and non-pecuniary damages against the employer under TCO Art. 417 and 58.
   • Pecuniary damages cover concrete damages such as treatment expenses and loss of earnings due to mobbing, while non-pecuniary damages are claimed for the pain, suffering, and mental distress suffered.
   • Legal Action: A "Damages Lawsuit" can be filed in the Labor Court or the Court of First Instance (against the person who committed the mobbing other than the employer).
3. Reinstatement Lawsuit (If Dismissed):
   • If the employer has unfairly dismissed the employee due to mobbing and the employee is covered by job security (30 or more employees, at least 6 months of seniority), the employee can file a "Reinstatement Lawsuit." Mobbing is not considered a valid reason for terminating the employment contract.
   • Legal Action: It is filed in the Labor Court within 1 month from the notification of the termination notice. It must go through the mandatory mediation process.
4. Criminal Complaint to the Public Prosecutor's Office:
   • If the mobbing actions constitute a crime under the TPC (insult, threat, sexual harassment, etc.), a criminal complaint can be filed with the Public Prosecutor's Office.
   • In this way, the criminal liability of the person or persons who committed the mobbing is investigated.
5. Application to Alo 170 or BİMER/CİMER:
   • Complaints and reports can be made through the Ministry of Labor and Social Security Communication Center "Alo 170" line or the Presidency's Communication Center (CİMER). Applications made through these channels can be investigated by the Provincial Directorates of Labor and Employment Agency or other relevant institutions.

Proof of Mobbing and Evidence

Proving mobbing is often a difficult process because the actions are usually covert, systematic, and psychological. However, although the burden of proof lies with the person who claims to have been subjected to mobbing, the Court of Cassation has eased this burden in mobbing cases. It may be sufficient for the victim to present strong indications that they have been subjected to mobbing.

The following can be used as evidence:

• Written Documents: E-mails, messages (WhatsApp, SMS, etc.), notes, records, warning letters, performance evaluation reports.
• Witness Statements: Colleagues, former employees who saw or heard the situation.
• Audio and Video Recordings: Although the decisions of the Court of Cassation on this matter may vary, they may sometimes be accepted as evidence even if obtained illegally, if there is no other means of proof. However, the way these recordings are obtained may constitute an illegal crime. Therefore, it is essential to consult with a lawyer.
• Health Reports: Doctor's reports showing psychological or physical ailments such as depression, anxiety, sleep disorders caused by mobbing.
• Social Media Posts: Posts that indirectly indicate mobbing.

Preventive Measures and Corporate Responsibility

Employers have a legal obligation to prevent and eliminate mobbing. The following measures can be taken in workplaces:

• Creating anti-mobbing policies and procedures.
• Providing training on mobbing to employees and managers.
• Establishing complaint mechanisms and effectively investigating these complaints.
• Providing support to victims of mobbing.
• Applying disciplinary penalties against those who commit mobbing.

Conclusion

Workplace mobbing is a serious problem that deeply affects the health, work life, and general well-being of employees. Legal regulations such as the Turkish Code of Obligations, the Labor Law, and the Turkish Penal Code grant important legal rights to employees who are subjected to mobbing. The employer's duty of care, just cause for termination, claims for pecuniary and non-pecuniary damages, and criminal liability are the main remedies available to victims of mobbing.

However, mobbing cases can present difficulties in terms of proof, and the complexity of legal processes makes it essential to seek professional support. A lawyer specializing in labor law will correctly identify the rights of the employee subjected to mobbing, assist in collecting evidence, and manage the legal process most effectively to prevent any loss of rights. Remember, instead of remaining silent about mobbing, resorting to legal remedies is an important step to be taken for both the protection of individual rights and the creation of a healthier working environment.

As Turkey is located in a geography with a high earthquake risk, the renewal of the existing building stock and the creation of more disaster-resilient cities are of vital importance. In this context, the processes known as "Urban Transformation," outlined by Law No. 6306 on the Transformation of Areas Under Disaster Risk, hold a significant place on the agenda of both the state and citizens. The urban transformation process can have complex legal, economic, and social consequences for owners, tenants, and holders of limited real rights. This guide will provide a detailed examination of the basic principles of urban transformation law, the process of identifying risky structures, the rights of rights holders, and important points to consider.

What is Urban Transformation?

Urban transformation is the process of demolishing the existing building stock in cities (especially risky, old, and unplanned structures) and replacing them with earthquake-resistant, modern, and planned buildings. This process includes not only the demolition and reconstruction of buildings but also a comprehensive urban renewal that involves improving infrastructure, increasing green spaces, and creating social facilities.

The main legal basis for urban transformation is Law No. 6306 on the Transformation of Areas Under Disaster Risk and the implementation regulations issued based on this Law. The purpose of the Law is to create healthy and safe living environments in areas under disaster risk and on lands and plots where risky structures are located outside these areas, in accordance with scientific and artistic norms and standards (Art. 1).

The Process of Identifying Risky Structures

The first and most important step in the urban transformation process is the identification of a structure as a "risky structure."

1. Application and Authorized Institutions: The identification of a risky structure is carried out by institutions licensed by the Ministry of Environment, Urbanization, and Climate Change (universities, municipalities, private companies). Owners can apply to these institutions for buildings they consider risky.
2. Preparation of the Report: The authorized institution prepares a "Risky Structure Identification Report" by examining the building's earthquake resistance, foundation, and structural features.
3. Notification to the Land Registry Directorate: The prepared report is notified to the General Directorate of Land Registry and Cadastre. A "risky structure" annotation is recorded in the land registry. This annotation does not prevent the owner from selling the building, but the buyer purchases it knowing that the building is risky.
4. Notification to Owners and Objection Period: The risky structure identification report is notified to all owners by the Land Registry Directorate. Owners can object to this report within 15 days of notification. Objections are made to the Directorate of Environment, Urbanization, and Climate Change. If the objection is rejected at the end of the objection process or if no objection is made, the report becomes final.
5. Eviction and Demolition Notice: After the report becomes final, a notice is sent to the owners and tenants in the risky structure, giving them a period for eviction and demolition. This period is usually 60 days + an additional 30 days.

Rights and Options of Rights Holders

After the identification of a risky structure becomes final, different options and rights arise for the rights holders (owners, tenants, holders of limited real rights):

A. Rights of Owners:

1. Acceptance of the Transformation Project (2/3 Majority):
   • After the demolition of the risky structure, the owners can decide to construct a new building by signing a construction contract in return for land share or a flat-for-land construction contract among themselves.
   • To make this decision, the Law considers a majority of at least two-thirds (2/3) of the stakeholders' votes sufficient, not unanimity (Law No. 6306, Art. 6).
   • If this majority is achieved, the shares of the owners who do not participate in the decision can be put up for sale by the other participating stakeholders or the Ministry. In this case, the sales price is paid to the rights holder.
2. Reconstruction and Rent Assistance/Interest Support:
   • During the construction of the new building, owners can be provided with "rent assistance" or "interest support" by the Ministry of Environment, Urbanization, and Climate Change (Law No. 6306, Art. 5).
   • Rent assistance is intended to cover moving and temporary housing expenses. Interest support is provided for transformation loans to be obtained from banks.
3. Indebtedness and Real Estate Sale:
   • Owners who cannot afford the cost of the new building can take on debt under the conditions determined by the Ministry or provide financing by selling one of their independent sections.
4. Provision of Housing/Workplace in Another Area Outside the Application Area:
   • In very rare cases and with the approval of the Ministry, if transformation is not possible at the old location, owners may be offered the option of acquiring housing or a workplace in another area outside the application area.

B. Rights of Tenants:

1. Rent Assistance or Right to Acquire Housing:
   • Tenants who are aggrieved by the eviction of the risky structure are provided with "rent assistance" by the Ministry of Environment, Urbanization, and Climate Change (Implementation Regulation of Law No. 6306). This assistance is usually paid for a limited period (e.g., 18 months).
   • Although rare, in some projects, tenants may be offered a priority opportunity to acquire housing.
2. Eviction and Termination of the Lease Agreement:
   • The tenant is obliged to evacuate at the end of the period given for the eviction of the risky structure. The lease agreement automatically terminates with the demolition of the leased property.

C. Rights of Holders of Limited Real Rights:

Holders of limited real rights such as mortgages, usufruct rights, and habitation rights are also affected by the transformation process. Their rights continue on the new structures to be built or can be converted into a monetary value.

Important Points to Consider in the Urban Transformation Process

1. Examination of the Report and Right to Object: Carefully examine the risky structure identification report. If you want to object to the report, make your objection to the Directorate of Environment, Urbanization, and Climate Change within the legal period of 15 days.
2. Participation in and Follow-up of the Transformation Decision: Be sure to attend the owners' meetings and follow the decisions to be made (with a 2/3 majority). Examine the minutes of the decisions and the contracts in detail.
3. Contract Review: Documents such as the construction contract in return for land share or the flat-for-land construction contract will directly affect your future rights. Never sign these contracts without having every article reviewed by a lawyer and, if necessary, a real estate appraisal expert. Issues such as the number of apartments, their square meters, common areas, technical specifications, delivery time, and delay penalties are very important.
4. Application for Rent Assistance: If you want to receive rent assistance, apply to the relevant municipality or the Provincial Directorate of Environment, Urbanization, and Climate Change within the legal periods (usually 1 year) from the date of eviction.
5. Partition or Sale Process: If a 2/3 majority is achieved and the sale of your share is on the agenda, get support from an independent appraisal expert to have the value of your share correctly determined. Make sure that the sale process proceeds in accordance with the law.
6. Application Area (Risky Area/Risky Structure): Urban transformation can be implemented in two different ways: "risky area" and "risky structure." While the identification of a risky area is made by the Ministry or municipalities, the identification of a risky structure can also be made upon the owner's application. The process and rights may differ depending on the method applied.
7. Tax Exemptions: Some transactions within the scope of urban transformation (title deed fee, stamp duty, VAT) may be subject to certain exemptions. Research these exemptions well.
8. Legal Support: The urban transformation process is a complex process with many technical, legal, and financial dimensions. At every stage of the process, it is essential to get professional legal advice from a lawyer specializing in real estate law and urban transformation to avoid loss of rights and protect your interests to the highest level.

Conclusion

Urban transformation is a necessity in the face of Turkey's earthquake reality. However, this process can have serious legal and financial consequences for owners, tenants, and other rights holders. While Law No. 6306 on the Transformation of Areas Under Disaster Risk sets the legal framework for the process, it also determines the specific rights and obligations of the rights holders. Each stage, such as the identification of a risky structure, eviction, decision-making processes, preparation of contracts, and exercise of rights, requires a careful and conscious approach.

The guidance of a lawyer specializing in the field is indispensable to make the right decisions in this complex process, to avoid loss of rights, and to benefit from urban transformation in the most advantageous way. Your lawyer will follow the legal processes, review the contracts, defend your rights, and guide you in resolving potential disputes. Remember, information and professional support will be your guarantee in the urban transformation process.

The dynamics of the real estate market and living conditions have made rental relationships an important agenda item for both landlords (property owners) and tenants. This relationship, which begins with the signing of a lease agreement, usually continues for a certain period. However, in some cases, the landlord or tenant may want to terminate the lease agreement and demand the eviction of the leased property. "Eviction," which means the removal of the tenant from the leased property, is a legal process strictly regulated by the Turkish Code of Obligations (TCO) and the Enforcement and Bankruptcy Law (EBL). This guide will provide a detailed examination of the situations in which a landlord can file an eviction lawsuit, the rights of the tenant, the reasons for eviction, and the legal processes.

Lease Agreement and Eviction Relationship

Article 347 of the Turkish Code of Obligations regulates the renewal of contracts in residential and roofed workplace leases: "In residential and roofed workplace leases, unless the tenant gives notice at least fifteen days before the end of the contract, the contract is deemed to be extended for one year under the same conditions. The landlord cannot terminate the contract based on the end of the contract period. However, at the end of the ten-year extension period, the landlord may terminate the contract without giving any reason, provided that notice is given at least three months before the end of each subsequent extension year." This article is protective of the tenant and prevents arbitrary evictions by the landlord. The landlord can only file an eviction lawsuit if there are justified reasons for eviction specified in the law.

Reasons for the Landlord to File an Eviction Lawsuit

The reasons for which a landlord can file an eviction lawsuit are limited in number (numerus clausus) and clearly stated in the Turkish Code of Obligations. The main reasons for eviction are as follows:

A. Reasons for Eviction Arising from the Landlord (TCO Art. 350-351)

1. Eviction due to Necessity (Eviction for Need - TCO Art. 350/1):
   • If the landlord, their spouse, their descendants (child, grandchild), their ascendants (mother, father, grandmother, grandfather), or other persons they are legally obliged to care for have a mandatory need to use the leased property for residential or business purposes.
   • Conditions:
     • The need must be genuine, sincere, and mandatory. An arbitrary need is not sufficient.
     • An eviction lawsuit due to necessity can be filed at the end of the term in fixed-term contracts, and in accordance with the termination period in indefinite-term contracts. Generally, the lawsuit must be filed within 1 month from the end of the contract.
     • After the eviction, the landlord cannot rent the leased property to anyone other than the former tenant for three years. If this rule is not followed, the landlord is obliged to pay compensation to the former tenant (TCO Art. 355).
2. Eviction due to Reconstruction and Development (TCO Art. 350/2):
   • If the leased property needs to be reconstructed or substantially repaired, expanded, or altered for development purposes, and it is mandatory to vacate the leased property during these operations.
   • Conditions:
     • There must be a reconstruction or substantial repair project, and this project must have been approved by the administrative authorities (municipality, etc.).
     • It must be mandatory to vacate the leased property.
     • After the eviction, the landlord is obliged to give the former tenant priority in renting the new structure (TCO Art. 355).
3. Eviction due to the New Owner's Need (TCO Art. 351):
   • If the new owner who subsequently acquires the leased property (by purchase, inheritance, etc.) has a mandatory need to use the leased property for residential or business purposes for themselves, their spouse, their descendants, their ascendants, or persons they are obliged to care for.
   • Conditions:
     • The new owner must notify the tenant in writing within 1 month from the date of acquiring the leased property and can file an eviction lawsuit 6 months later.
     • Alternatively, they can file a lawsuit at the end of the contract term.
     • This situation must also be genuine, sincere, and mandatory.

B. Reasons for Eviction Arising from the Tenant (TCO Art. 352)

1. Tenant's Eviction Commitment (TCO Art. 352/1):
   • If the tenant has committed in writing to vacate the leased property on a specific date.
   • Conditions:
     • The eviction commitment must be given in writing after the lease agreement is signed (on a different date). Commitments signed on the same day may not be considered valid by the Court of Cassation.
     • The eviction date must be clearly stated in the eviction commitment.
     • The landlord can apply to the enforcement office to request eviction or file an eviction lawsuit within 1 month from the date specified in the commitment.
2. Eviction due to Two Justified Notices (TCO Art. 352/2):
   • If the tenant has caused two justified notices within one lease year.
   • Conditions:
     • A written notice must have been sent for non-payment of two different rent payments within the same lease year.
     • A specific period must have been given for the payment of the rent in both notices, and the payment must not have been made within this period.
     • The notices must relate to different rental periods.
     • The eviction lawsuit must be filed within 1 month from the end of the lease year.
3. Eviction due to the Tenant or Persons Living with Them Owning a Residence within the Same Municipality's Borders (TCO Art. 352/3):
   • If the tenant or their spouse living with them has a suitable residence within the same district or town borders, and this situation is subsequently learned by the landlord.
   • Conditions:
     • The tenant or their spouse must have a suitable residence.
     • This situation must not have been known by the landlord when the lease agreement was concluded or afterwards.
     • The eviction lawsuit must be filed within 1 month from the date this situation is learned.

Eviction through Enforcement Proceedings (EBL Art. 269 et seq.)

In case of non-payment of rent, the landlord can also request eviction through enforcement proceedings.

• Payment Order and Eviction-Requested Proceeding: The landlord can apply to the enforcement office for unpaid rent, requesting a "payment order" that includes both the payment of the debt and the eviction of the leased property if the debt is not paid (EBL Art. 269).
• Payment Period: The tenant has 7 days to object or 30 days to pay the debt from the notification of the payment order (in residential and roofed workplace leases).
• Absence of Objection or Non-Payment of Debt: If the tenant does not object or pay the debt within the period, the lease agreement is deemed to be terminated automatically, and the landlord can request eviction. If the tenant objects, the landlord must file a lawsuit for "removal of the objection" or "cancellation of the objection."

Eviction Lawsuit Process and Points to Consider

1. Preparation of the Petition and Application to the Court: The eviction lawsuit is filed in the Civil Court of Peace. The reason for the lawsuit (necessity, eviction commitment, etc.) must be clearly stated, and relevant evidence (lease agreement, notices, title deeds, eviction commitment, etc.) must be attached to the petition.
2. Mediation: For eviction lawsuits arising from residential and roofed workplace leases (except for non-payment), it is necessary to apply to the mandatory mediation process under Law No. 7036 on Labor Courts before filing a lawsuit. If no agreement is reached in mediation, a lawsuit can be filed. Mediation is not mandatory for eviction lawsuits arising from non-payment of rent.
3. Trial Process: The court hears the parties, collects evidence, and may conduct an on-site inspection (if necessary). It decides whether the eviction request is justified.
4. Execution of the Eviction Order: When the court issues an eviction order, it notifies the tenant of the decision. If the tenant does not vacate despite the order, the landlord can enforce the eviction through "enforcement with a judgment" via the enforcement office. The enforcement office gives the tenant a certain period (usually 10 days), and if they do not vacate within this period, a forced eviction is carried out.

Tenant's Rights and Defense Possibilities

When faced with an eviction lawsuit, a tenant can defend themselves by knowing their rights:

• Right to Object: They can stop the proceeding by objecting to the enforcement proceeding or the eviction lawsuit filed on the grounds of non-payment of rent within the period.
• Claim that the Need is Not Genuine: They can try to prove that the landlord's claim of "necessity" is not genuine or sincere.
• Invalidity of the Eviction Commitment: They can claim that the eviction commitment was taken on the same date as the lease agreement or was given under duress.
• Non-Fulfillment of the Conditions for Two Justified Notices: They can argue that the notices were not duly served, did not relate to different rental periods, or that the payment was made.
• Claim that the Renovation is Not Substantial: They can argue that the reason for reconstruction or development is not genuine and that the renovation does not require the leased property to be vacated.

Conclusion

The rental relationship is a sensitive area regulated by protective provisions for the tenant in the Turkish Code of Obligations. The landlord can only evict the tenant for limited and justified reasons specified in the law. Reasons such as necessity, reconstruction, eviction commitment, two justified notices, or non-payment of rent provide the opportunity to file an eviction lawsuit.

However, eviction lawsuit processes are quite complex in terms of legal knowledge, tracking legal deadlines, presenting evidence correctly, and determining a litigation strategy. It is crucial for both landlords to correctly assert their justified eviction claims and for tenants to effectively defend their rights against unjustified eviction claims to get professional legal support from a lawyer specializing in real estate and rental law. Your lawyer will guide you at every stage of the process, ensure that you do not suffer any loss of rights, and show you the right path in your search for justice. Remember, disputes in rental relationships can be resolved with the right legal steps.

In the digital age, our personal data is actively used in every aspect of our lives. We constantly share our personal information when we register on websites, shop online, share on social media, or perform banking transactions. This situation has made the protection of personal data and ensuring privacy more important than ever. The main legal regulation in this area in Turkey is the Law on Protection of Personal Data (KVKK) No. 6698, which entered into force on April 7, 2016. This guide will provide a detailed examination of the basic principles of KVKK, the conditions for processing personal data, the rights of data subjects (i.e., us), and how these rights can be exercised.

What are Personal Data and Processing Concepts? (KVKK Art. 3)

Article 3 of KVKK No. 6698 defines the concepts of "personal data" and "processing of personal data":

• Personal Data: "Any information relating to an identified or identifiable natural person." For example; name-surname, T.R. identity number, address, phone number, e-mail address, fingerprint, photo, health information, genetic information, religious belief, political opinion, sexual life are personal data.
• Processing of Personal Data: "Any operation which is performed on personal data whether or not by automated means, such as collection, recording, storage, retention, alteration, re-organization, disclosure, transferring, taking over, making retrievable, classification or preventing the use thereof." This definition covers all actions from data collection to deletion.

Who are the Data Controller and Data Processor?

• Data Controller (KVKK Art. 3): "The natural or legal person who determines the purposes and means of the processing of personal data, and who is responsible for the establishment and management of the data filing system." For example, a bank, an e-commerce site, or a hospital is a data controller for the personal data it collects.
• Data Processor (KVKK Art. 3): "The natural or legal person who processes personal data on behalf of the data controller based on the authority given by the data controller." For example, a data backup company or a call center.

Data controllers are primarily responsible for compliance with KVKK.

Basic Principles of Processing Personal Data (KVKK Art. 4)

Article 4 of KVKK sets out the basic principles to be followed in the processing of personal data. No data processing activity contrary to these principles can be considered lawful:

1. Compliance with the Law and the Rule of Honesty: Data must be processed lawfully and transparently.
2. Being Accurate and, where Necessary, Up-to-Date: The processed data must be accurate and updated when it changes.
3. Being Processed for Specific, Explicit, and Legitimate Purposes: The purpose for which the data is processed must be clearly stated, and this purpose must be legal and legitimate.
4. Being Relevant, Limited, and Proportionate to the Purposes for which they are Processed: Only necessary data should be collected in connection with the purpose of processing.
5. Being Retained for the Period Prescribed by the Relevant Legislation or for the Period Necessary for the Purpose for which they are Processed: Data should be stored for the periods specified in the laws or until the purpose for which they are processed ceases to exist.

Conditions for Processing Personal Data (KVKK Art. 5, 6)

Personal data can be processed if at least one of the conditions specified in the Law is present. These conditions are divided into two: "explicit consent" and other exceptional cases:

A. Conditions for Processing General Personal Data (KVKK Art. 5):

1. Explicit Consent of the Data Subject: This is the most basic processing condition. It is the consent given by the person with free will, based on information, regarding a specific subject.
2. Being Explicitly Provided for by the Laws: The processing of data is explicitly required by the relevant laws.
3. Being Necessary for the Protection of Life or Physical Integrity of a Person who is Unable to Disclose His/Her Consent due to Actual Impossibility: It is necessary for the protection of the life or physical integrity of a person who is unable to disclose his/her consent due to actual impossibility or whose consent is not legally valid.
4. Being Necessary for the Establishment or Performance of a Contract: It is necessary to process the personal data of the parties to a contract, provided that it is directly related to the establishment or performance of a contract.
5. Being Necessary for the Data Controller to Fulfill its Legal Obligation: It is necessary for the data controller to fulfill a legal obligation.
6. Being Made Public by the Data Subject: It has been made public by the data subject himself/herself.
7. Being Necessary for the Establishment, Exercise, or Protection of a Right: Data processing is necessary for the establishment, exercise, or protection of a right.
8. Being Necessary for the Legitimate Interests of the Data Controller: Data processing is necessary for the legitimate interests of the data controller, provided that it does not harm the fundamental rights and freedoms of the data subject.

B. Conditions for Processing Special Categories of Personal Data (KVKK Art. 6):

Special categories of personal data are under stricter protection because they are more sensitive. These are; data relating to race, ethnic origin, political opinion, philosophical belief, religion, sect or other beliefs, appearance, association, foundation or trade union membership, health, sexual life, criminal conviction and security measures, and biometric and genetic data.

• Explicit Consent: Special categories of personal data cannot be processed without the explicit consent of the data subject.
• Exceptions: Special categories of personal data other than health and sexual life may be processed without the explicit consent of the data subject if it is explicitly provided for by the laws. Personal data relating to health and sexual life, on the other hand, may be processed without the explicit consent of the data subject only for the purposes of protecting public health, preventive medicine, medical diagnosis, treatment and care services, planning and management of health services and financing, by persons or authorized institutions and organizations under the obligation of confidentiality.

Rights of the Data Subject (KVKK Art. 11)

KVKK grants important rights to natural persons whose personal data are processed (data subjects). These rights are detailed in Article 11 of the Law:

Everyone has the right to apply to the data controller and to;

1. Learn whether personal data is processed or not.
2. Request information if personal data has been processed.
3. Learn the purpose of processing personal data and whether they are used in accordance with their purpose.
4. Know the third parties to whom personal data is transferred in the country or abroad.
5. Request the correction of personal data if it is incomplete or incorrectly processed.
6. Request the deletion or destruction of personal data within the framework of the conditions stipulated in the law.
7. Request that the correction/deletion/destruction operations be notified to the third parties to whom the personal data has been transferred.
8. Object to the occurrence of a result against the person himself/herself by analyzing the processed data exclusively through automated systems.
9. Request compensation for the damage in case of damage due to the unlawful processing of personal data.

Exercise of Rights and Application Process (KVKK Art. 13, 14)

Data subjects must first apply to the data controller to exercise the rights mentioned above (KVKK Art. 13).

1. Application Method: The application can be made in writing (by registered mail, through a notary) or by other methods determined by the Personal Data Protection Authority (KVKK) (secure electronic signature, mobile signature, the data controller's registered e-mail address, etc.).
2. Content of the Application: The application must clearly state the name, surname, signature, T.R. identity number, address, if any, e-mail address, telephone number, and the request.
3. Response Time: The data controller is obliged to conclude the application free of charge within 30 days at the latest. However, if the transaction requires an additional cost, a fee may be charged according to the tariff determined by the KVKK.
4. Complaint Procedure (KVKK Art. 14): If the data controller does not respond to the application in due time or properly, or if the data subject's request is rejected, the data subject may file a complaint with the Personal Data Protection Board (KVKK Board) within 30 days from the date of application to the data controller and in any case within 60 days from the date of application. The Board examines the complaints, makes a decision, and may impose an administrative fine or order the correction of the unlawful situation if it deems necessary.
5. Judicial Remedy: An appeal can be made to the Administrative Judiciary against the decisions of the Board. In addition, persons who suffer damage due to the unlawful processing of their personal data can file a lawsuit for compensation according to general provisions.

Sanctions for KVKK Violations (KVKK Art. 18)

Administrative fines are imposed on data controllers who act contrary to KVKK. The amount of these fines varies depending on the nature of the violation and the limits specified in the Law. For example, a fine may be imposed on those who fail to fulfill the obligation to inform, violate the obligations regarding data security, or do not comply with the decisions of the Board. In addition, in cases such as the unlawful acquisition or dissemination of personal data, criminal sanctions under the Turkish Penal Code (TPC Art. 135-140) may also be applied.

Conclusion

The protection of personal data is a fundamental right of every individual in the digital age, and this right is guaranteed by Law No. 6698 on the Protection of Personal Data. While KVKK regulates all processes from the collection to the storage, processing, and transfer of personal data, it also grants important rights to data subjects (such as the right to information, correction, deletion, and objection).

In today's complex digital environment, it is vital to know and follow the provisions of KVKK to ensure the security of our personal data and to effectively exercise our rights. Steps such as making correct and complete applications to data controllers, making complaints to the Board in accordance with the procedure, and resorting to judicial remedies in case of a possible violation of rights may require professional legal support. A lawyer specializing in personal data protection law will guide you in defending your rights, in your communication with data controllers, and in following legal processes, and will be the guarantee of your privacy. Remember, in the digital world, your data is one of your most valuable assets and deserves to be protected.

Many factors, such as economic fluctuations, market conditions, or wrong management strategies, can lead commercial enterprises into financial distress. For a company that is unable to pay its debts on time or is at risk of not being able to pay, "bankruptcy" may seem like an inevitable end. However, the Turkish legal system offers an important legal institution that provides companies with an opportunity to take a breath and recover at this point: Concordat. Concordat is a path regulated under the Enforcement and Bankruptcy Law (EBL) that provides an opportunity for financial restructuring by finding a common ground for agreement with creditors for honest debtors who cannot pay their debts. This guide will provide a detailed explanation of what concordat is, its types, its process, the advantages it provides for companies, and important points to consider.

What is Concordat? (Enforcement and Bankruptcy Law Art. 285)

Concordat is an agreement made by a debtor who is unable to pay their debts as they fall due or is in danger of not being able to pay them on time, with their creditors to pay their debts with a certain discount (reduction) or within a certain period. Its purpose is to prevent the debtor's bankruptcy by allowing them to continue their commercial life and to enable the creditors to receive all or part of their claims. Thus, both the continuity of the business is ensured and the creditors are aimed to receive a higher rate of their claims compared to the possible low collection rates in bankruptcy liquidation.

Article 285 of the Enforcement and Bankruptcy Law (EBL) No. 2004 expresses the general provision regarding concordat as follows: "Any debtor who is unable to pay his debts as they fall due or is in danger of not being able to pay them on time may request a concordat from the court."

Types of Concordat

Concordat is basically examined under two main headings:

1. Ordinary Concordat: This is the most frequently applied type of concordat. It is a concordat in which the debtor agrees with their creditors to pay their debts with a certain discount or within a certain period.
   • Maturity Concordat: The payment of all debts, but spread over a longer period.
   • Discount Concordat: The waiver of a part of the debts and the payment of the remaining part.
   • Mixed Concordat: A type of concordat that includes both maturity and discount.
2. Concordat after Bankruptcy: This is a way for a debtor whose bankruptcy has been declared to escape from bankruptcy and restructure their debts by reaching an agreement with their creditors before the bankruptcy estate proceeds to liquidation. This type of concordat is less common in practice.

How Does the Concordat Process Work Step by Step?

The concordat process is subject to very detailed and specific stages in the Enforcement and Bankruptcy Law:

1. Concordat Request and Temporary Respite (EBL Art. 285-286)
   • Request: The debtor (company or natural person) requests a concordat from the commercial court with a petition. Many documents such as the debtor's financial situation, concordat project, list of creditors, and audit reports must be attached to this petition.
   • Temporary Respite Decision: If there are no deficiencies upon the request and the file is appropriate, the court immediately grants a "temporary respite" decision. The temporary respite is granted for a maximum of 3 months (EBL Art. 287) and can be extended for another 2 months in mandatory cases. During this period, no proceedings can be initiated against the debtor, previously initiated enforcement proceedings are stopped, attachments are not lifted, but new attachments cannot be applied.
   • Appointment of a Temporary Concordat Commissioner: The court appoints one or three "temporary concordat commissioners" together with the temporary respite. The commissioner supervises the debtor's activities, does not manage the debtor's assets, but can make some of the debtor's transactions (such as providing security, selling immovable property) subject to the commissioner's permission. The commissioner examines the debtor's financial situation and the feasibility of the concordat project.
2. Final Respite Decision (EBL Art. 289)
   • Within the temporary respite period, the concordat commissioner prepares a report and submits it to the court. The report evaluates the probability of success of the concordat project and whether the debtor is acting in good faith.
   • The court evaluates the commissioner's report and the debtor's defense and grants a "final respite" decision if the probability of success of the concordat project is high. The final respite is granted for 1 year and can be extended for a maximum of 2 years with two extensions of 6 months each in mandatory cases (EBL Art. 289). In total, the concordat process can last a maximum of 3 years and 5 months.
   • The consequences of the final respite are similar to the temporary respite but more comprehensive. All enforcement and bankruptcy proceedings initiated against the debtor are stopped, precautionary attachment and precautionary measure decisions cannot be applied, and secured creditors cannot initiate proceedings during this period, but the preservation and sale of secured assets can be carried out under the supervision of the concordat commissioner.
   • The court appoints one or three "concordat commissioners" together with the final respite.
3. Creditors' Committee and Preparation of the Concordat Project (EBL Art. 290, 292)
   • The commissioner invites the creditors by announcement to examine the concordat project and to declare their claims.
   • The creditors meet and vote on the concordat project prepared by the debtor. A certain majority must be achieved for the project to be accepted:
     • The project must be accepted by more than half of the registered creditors and claims (of ordinary creditors).
     • Or it must be accepted by a majority exceeding one-fourth of the registered creditors and claims, but the total amount of claims of those who accept must exceed two-thirds of the total amount of claims of the creditors participating in the vote (EBL Art. 302).
   • There are special regulations for secured creditors, privileged creditors (such as employee claims), and public claims (tax, social security).
4. Court Approval (EBL Art. 304)
   • If the concordat project is accepted by the legal majority of the creditors, it is submitted to the court with the commissioner's report.
   • The court examines the concordat project in terms of its compliance with the law, fairness, and feasibility.
   • If the court is convinced that the project meets the conditions in the EBL, it decides on the "approval of the concordat." This decision means that the project is finalized.
5. Approval of the Concordat and its Consequences (EBL Art. 305)
   • With the approval of the concordat, the discounts and maturities in the project become binding for all ordinary creditors. In other words, creditors who do not participate in the concordat must also comply with the rates and maturities in the project.
   • The debtor begins to pay their debts according to the payment plan in the project.
   • When the concordat process is successfully completed, the debtor continues their commercial life and is saved from bankruptcy.

Advantages of Concordat

• For the Debtor:
  • Escape from Bankruptcy: The business continues to operate and bankruptcy is avoided.
  • Breathing Space: Financial relief by stopping enforcement proceedings and preventing new attachments.
  • Restructuring: Payment of debts with more favorable payment terms (discount or maturity).
  • Reputation Protection: Preventing the negative commercial reputation that bankruptcy would bring.
• For the Creditors:
  • Higher Collection Rate: The possibility of receiving a higher rate of their claims compared to the low collection rates in bankruptcy liquidation.
  • Sustainable Business Relationship: The preservation of future commercial relationships as the debtor continues to operate.

Points to Consider in the Concordat Process

• Early Diagnosis: It is very important for companies to recognize their financial difficulties early and to make a timely request for concordat. Delay can reduce the chances of success.
• Detailed Project: The concordat project must be realistic, feasible, and convincing to the creditors. A good financial analysis and feasibility report are essential.
• Professional Support: The concordat process is extremely complex due to the detailed regulations in the Enforcement and Bankruptcy Law, financial analyses, negotiations with creditors, and court processes. It is vital to get professional legal and financial support from an expert "concordat commissioner" (usually a financial advisor or lawyer) and an "enforcement and bankruptcy law lawyer" in this process.
• Cooperation with the Commissioner: The debtor must be in full cooperation with the concordat commissioner and present all information correctly and completely. It is mandatory to comply with the commissioner's supervision and instructions.
• Principle of Good Faith: It is essential that the debtor acts in "good faith" during the concordat process and does not intend to harm the creditors. If it is determined that a concordat request was made with fraudulent transactions, the process can be canceled and severe penalties may be faced.

Conclusion

Concordat is an important restructuring tool offered under the Enforcement and Bankruptcy Law for companies and natural persons who are at risk of not being able to pay their debts or who are unable to pay them. This mechanism, designed to avoid the devastating consequences of bankruptcy, to continue commercial activity, and to enable creditors to receive a higher rate of their claims, can create a "win-win" situation for both the debtor and the creditors when applied correctly.

However, the concordat process involves many legal and financial details, from the preparation of the petition to obtaining temporary and final respite, from the appointment of a commissioner to negotiations with the creditors' committee and court approval. Therefore, it is vital for a debtor considering a concordat request or a creditor in a concordat process to get professional legal advice from a lawyer specializing in enforcement and bankruptcy law to avoid loss of rights and to manage the process most effectively. Your lawyer will guide you at every stage of the process, ensure that you fulfill your legal obligations, and protect your interests. Remember, disputes in rental relationships can be resolved with the right legal steps.