Full-Service Law Firm

Ongoren Law Office

Ongoren Law Office
Mesrutiyet Cad. Ersoy Han 102/11-12
Kat: 5 Beyoglu

Istanbul 34420
Turkey

Phone+90 212 2925623
Fax +90 212 2445193

Website www.ongorenlaw.com
E-mail  Contact Prof. Dr. Gursel Ongoren

Law Firm Overview

Ongoren Law Office offers advocacy and legal consultancy services in its expertise areas to local and international companies, institutions as well as persons under the directorship of Prof. Dr. Gursel Ongoren since 1998 and based in Istanbul. Ongoren Law Office also provides a full range of legal services in Ankara and other cities throughout Turkey.

Our office provides advocacy services and follows law suits by its solution and business partners composed of lecturers from the universities and experienced lawyers in specific expertise areas; Administrative Law, Law on Land Development, Planning and Control, Taw Law, Law on Protection of Cultural and Natural Property, Energy Law and Real Estate Law, Company Law-Commercial Law.

Our law office conducts law suits in a constant counselling relationship provided by the university law lecturers and other experts in Rent Law, Contract Law, Company Law, Intellectual Property and Art Law and Debt Recovery.

Besides, under the name of Constant Legal Consultancy Services, our law office offers services in the scope of our expertise areas to companies and institutions such as providing legal opinion in a verbal or writing form, answering legal questions, examining or preparing contracts to become party to.

Ongoren Law Office is a boutique law firm which adopts as a principle to offer a creative and solution oriented legal services in an academic discipline.

Year this Office was Established: 1998

Languages: English, German, Turkish.

Areas of Law


Additional Areas of Law: Execution Law; Obligations Law; Penal Law; Penal Process Law; Strategic Alliances; Urban Planning Law; Cultural and Natural Heritage Law.


Areas of Law Description

Our practice areas include:

- Administrative Law

General principles belonging to administrative procedures: The written principle is dominant and principle of ex officio examination is applied in this procedure. The equality of arms principle in other words fair hearing principle and the prohibition of widening of the claim should also be taken into account in this procedure. A judge may not make a judgment which is more than the scope of claim. The procedure of acquired rights is respected.

- Tax Law

The ratio of corporate tax is 20%. Complete taxpayers are subjected to a 15% ratio of tax deduction from the profit shares in which they acquire. However the share profit of up to 239.000 TL is exempted from tax. Narrow taxpayers (the ones which are residing abroad) do not have to declare their profit share income they acquired in Turkey.

- Real Estate

• Right of construction
It is a servitude which gives the right owner the authority to construct a structure under or above on an immovable or to preserve a structure which already exists and give the authority to own the proprietary right of the structure, and for this reason it is a limited real right (Right of construction).

The servitude contract relating the establishment of a right of construction must be arranged as an authenticated contract at the official title deeds registry office. The right of construction is registered on a separate page as an immovable in the land register. A right of construction may be established as an independent right for a maximum of 100 years. If the right of construction is given for 30 or more years then it is accepted that it has a continuous nature. The right of construction may be transferred and it may also be transferred to inheritors as well. When the right of construction ends the structures on the land are left to the owner of it. The owner of the immovable as long as it was not decided otherwise does not pay a fee to the owner of the right of construction for the structures which are left to them.

• Right of Residence
It is the right which allows a person to reside in a house or a part of it or to take over a house or a part of it (Residency right). Because a residency right is one which is tightly bound to a person it may not be transferred and does not get passed along to inheritors. The owner of right may not transfer it to someone else without the consent of the person who owns the residency right, even if they try to use this right by renting the place. In order to establish a residency right an authenticate contract must be made at the title deeds registry office and this right is registered in the servitude column of the land register.

• Right of usufruct
It is a right which gives the right owner the ability to keep the item (in hand) of which the right is subject to and allows the person to, direct, use, benefit from it. Right of usufruct is a limited real right (incorporeal right) and it is established on immovable by registering it to the land registry. A usufruct right may be established by contract, law or by a court order. A usufruct right may be made for a certain time or it may be done for the life period of the owner of right. When this right is given indefinitely or when it is given for a period which is longer than the persons life then the time period for the right is accepted to be limited to the person’s life (until they die). For legal entities the time period for this right may only be up to a 100 years. Usufruct right may be established controversially or non-controversially.

• Pre-emption right
When a share of one of the partners of an immovable which is jointly owned is going to be sold, the other partners have a pre-emption right to buy this share before others; this is called the pre-emption right. If one the partners of the jointly owned immovable sell their share of the property to the third person the other shareholders may open a lawsuit for this share to be sold to them. The right to open a pre-emption suit and request that the partnership share should be primarily sold to them is lost after 3months passes the time in which the sale has been notified to the right owner and in every case after 2 years pass from the time of sale. In the case that the lawsuit is accepted the partnership share sold to the third person will be annulled and it is decided that the share will be sold to the partner who has opened the lawsuit.

• Obligatory passage right
It is the right to pass through somebody else’s property. It is registered as servitude in the trade registry. A passage right may be established for a charge or it may be established without a charge as well. A owner of an immovable who does not have enough space to be able to reach the road with the condition that they pay the full price of the place may request from the court that the neighbors leave a suitable place of their land so that may pass this is called obligatory passage right. The obligatory passage right must be established in a way which is the least damaging to the neighbors.

• Contract of a promise to sell an immovable
It is a pre-contract which gives the right to a person which allows them to request that a contract for the sale of an immovable is made with them. With this pre-contract the parties seek to ensure that the main contract will be made. After this contract is made one of the sides acquires the right to request that the other side carry out their contractual duties in the case that they do not fulfill their obligations which were stated in the contract. This contract may only be valid if it is made by a notary. This contract does not give the related person a real right in only gives them a personal right. A contract of promise to sell an immovable which has been registered to the land registry is effective for 10 years. Another condition for the contract to be valid is that the sales price is shown on it.

• Acquiring of an immovable by extraordinary prescription
When an immovable which is not registered in the land registry and is in the continuous possession of a person for 20 years then this person has the right to request that all of the immovable or a part or share of it be registered in their name at the land registry.

• Lawsuit to recover property
The owner of a property against the person, who has the property in their hands without any right, has the right to request that the property is returned to them or has the right to open a lawsuit. A lawsuit to recovery property does not have a time limit it may always be opened. If the item which wants to be taken back is a movable; the execution of the judgment given at the end of the case will make this possible. For immovables registered at the land registry the function of a lawsuit to recover property will be the same as a suit to fix a registry at a land registry. The plaintiff is the owner of the property. In the lawsuit of recovering property detection of the right of ownership and the return of the property may be requested. The lawsuit has the character of an action of performance. In the case the plaintiff must prove their ownership right and that they did not have the property in their hands at the time the suit was opened.

• Suit to prevent intervention
With this lawsuit the prevention of an attack against the owner’s possession of an item and along with this ownership of the thing is becomes possible. In times where it becomes hard with unlawful reasons for the owner to use their right which comes from ownership it gives the owner the right to protect themselves from intervention of others. The defendant is the one who is intervening. The fault is not the fact looked for in intervention. However the intervention must be unlawful and this fact is taken into account. The lawsuit is not subject to any time limit. The owner must prove their ownership and the existing attack on the item.

• Condominium ownership
Condominium ownership may only be established on buildings which are fully made of stone and bricks and which are completed. On such a building a condominium ownership may be established only with the condition that the whole building will be subjected to it. Condominium ownership may be established by will with an official document and registration to the land registry. Registration of a condominium ownership is done at the condominium ownership registry.

Construction servitude on a land which is subjected to shared ownership it is such a right tied to a share that, it give the authority to the shareholder who has the right request from the other shareholders to establish a building subject to condominium ownership according to the contract and to change the type of ownership of a building which is established into condominium ownership. At the same time it obligates the shareholders who have the servitude on the immovable to build the mentioned building.

• Damages for unlawful occupation law suit
It refers a compensation which may be claimed by the Treasury when the immovable has been used and disposed without the consent of the authority by real persons or legal entities. In this case whether or not the authority has been damaged or the existence of the occupier’s fault are not taken into account and the compensation is calculated with the consideration of the immovable’s previous conditions before the occupation and the possible income which would arise from it.

• Elimination of joint partnership
It is when a joint ownership of an immovable or the right of usage on it is ended by dividing it between the partners or selling it. The subject of these cases is joint ownership. Elimination of a partnership is a right which concludes new rights. The court, if the amount of shares and the number of them are suitable to eliminate to each shareholder individually then by giving each shareholder this amount of share in kind if not then by dividing the money which comes from selling the property and giving it to each shareholder in the amount of which each shareholders has in shares gives the decision to eliminate the partnership. These cases without looking at the financial cost are seen at the courts of peace.

The suit for the immovable subject to the case is opened at the place court the immovable is found. If the immovable are more than one and if they are in separate places then the place where one of them is found has authority. The parties may not make a competent contract. The case is subjected to simple judgment procedures. Because these types of lawsuits are not bound to a time limit and they may be opened at anytime. The plaintiff is a shareholder and the defendants are the other shareholders. For immovable which are not registered at the land registry, elimination of partnership may not be requested and this also goes for eliminating partnership on a part of the immovable as well.

- Foreign Investment Law

Foreign capital is the procedure of making a transfer of capital from one country to the other. Foreign capital may enter countries in two ways as official capital flow and special capital flow. Official capital flow is made from a country or international institution towards another country. Special capital flow is separated into two as direct investments and portfolio investments.

The most important reason for foreign investment; profit difference which means the profit obtained abroad is more than the profit obtained in the country to put in other words the cost in making investments in other countries is lower. Another advantage of these types of investments is the fact that labour may be cheaper abroad. Countries may decide with the intention of riding themselves from the weight of labour fees in their countries to benefit from the cheap labour found in less developed countries. Another reason is to get rid of customs fares and other limitations.

- Debt Recovery

People may apply by the way of complaint in 7 days for unlawful procedures which are not consistent with the incidents, which are made by the enforcement and bankruptcy offices. If the enforcement and bankruptcy office’s procedure obstructs a right to be used or if it is neglected for no god reason then the complaint may be made at any time (there is no time limit). Complaint is done to the execution court which the execution office is bound to. As long as the court does not make a decision the application may not stop the execution.

- Corporate Law

A company is established when two or more people come together in order to fulfill a common goal by joining their efforts and assets with a contract. As may be concurred from this definition a company consists of these components; contract, capital, common goal and common effort.

- Intellectual Property and Art Law

Intellectual property rights’ main principles are as follows: Registry principle, principle of territoriality, real right owner principle, priority principle, the right to use beforehand, exhaustion principle, losing a right because of being silent principle.

• Work (Work of Art)
It is every type of intellectual or artistic work which is a part of one of the groups such as literature, music, fine arts and designs, cinema which are shown in FSEK (Intellectual and Artistic Law) and carry the trait of their owner. The owner of a work is the person who creates it. If a work is made by more than one person and if it may be divided into different parts then it may be called a joint work ownership. In this situation every single one of the work owners, own the part which they have created. If a work made by more than one person may not be divided to separate parts then it may called work ownership owned in shares.

• The work owner’s moral rights
The right to present to the public, the right to indicate the name, the right to prevent any changes to be made on the work, the right to be able to reach the original work, the right to expose, the right to prevent the destruction of the work.

• Economic rights
Derivative rights, right to reproduce, right to distribute, right to represent, the right to transmit to the public via means of broadcast.

• Other rights
The right of shares and to follow, right to withdraw, right to waiver. Also the producer’s, publishers and performers who help to distribute the work amongst the public under the name of joint (neighbour) rights are protected with the Copyright Law.

• Trademark
Trademark is a sign that helps to distinguish a company’s items or services with the items and services of another company. A trademark has the functions of being a guaranty, advertisement or source. Trademarks are separated into two as property and service trademarks according to if the thing they mark is an item or service.

• Patent
It is defined as a document which protects the discovery maker’s creative ideas for a certain time. Patents are separated as product and form patents or as patents which are examined not examined. Along with these a discovery which perfects or improves the discovery which was patented and which is found as a unity with the main patent subject is called additional patent.

• Beneficial model
The document which is given for discovery’s which has a beneficial character is called beneficial model document. It has the same effect as a patent.

• Designs
They are the things which help distinguish how one product looks from the other products. They have various types such as registered-unregistered designs, two dimensional-three dimensional designs, aesthetic and functional design, a design which is industrial or not industrial, fashion designs, piece or reserve piece designs, and unseen designs. Registered designs which have a modern and distinguishing nature as long as they are renewed every 5 years may be protected for a maximum of 25 years.

• Licence
It is when the owner of a right gives the authority to use this right to the licensee. The rights which the licence owner acquires are called licence rights. The types of licences are as follows: Regional-national licence, Simple-Monopolized licence, Normal-Sublicense, Voluntary-Mandatory licence, Controversial-Non controversial licence, Complete-partial licence.

• Unfair competition
It is every type of misusage of economic competition by deceitful actions and various types of actions which are ill natured (against good will). Fault is only looked for when opening compensation suits which are based on wrongful acts. A few of these are; dispraising, giving wrong information (untrue information), deceitful advertisement, deceitful name and symbol usage, ambiguity (creating confusion), dispatching the assistant’s duties for violation, benefiting from someone else’s trade secrets, disobeying the conditions of business life.

At the end of this a detection suit, suit to prevent, suit of correction, material compensation suit, suit for non-pecuniary damages may be opened. The plaintiffs may be the rivals, customers and the professional unions. The most important type of unfair competition is ambiguity (creating confusion). Ambiguity (creating confusion) is to benefit from someone else’s client population by creating confusion.



Chairman

Gürsel ÖNGÖREN Prof. Gürsel ÖNGÖREN
Founder Partner
Administrative Law, Communication, Contracts, Intellectual Property, Internet Law



Partners

Memduh ASLAN Dr. Memduh ASLAN
Legal Counsel
Commercial Law, Competition Law, Energy, Labor, Social Security

Boray KÖKNEL Mr. Boray KÖKNEL
Managing Partner
Admiralty and Maritime, Bankruptcy, Commercial Law, Contracts, Debt Relief

Vedat YÜREK Mr. Vedat YÜREK
Legal Counsel
Asset Protection, Business Formation, Tax Planning, Asset Protection and Management, International Company Formation



Lawyers

Hatice ÖZÇELİK Ms. Hatice ÖZÇELİK
Attorney
Bankruptcy, Commercial Law, Debt Relief, Debtor and Creditor, General Practice

Pınar SÖNMEZ Ms. Pınar SÖNMEZ
Attorney
Art and Culture, Copyright, Domain Names, Entertainment Law, Intellectual Property



Of Counsel

Nusret ÇOLAK Prof. Nusret İlker ÇOLAK
Senior Counsel
Administrative Law, Communication, Energy, Environmental and Natural Resources, Land Use and Zoning

  

Affiliations

  • Avtr.Net

More Information on Ongoren Law Office

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Ongoren Law Office News and Publications

Articles Published by Ongoren Law Office

 General View Over the Provisions Applied to Leases of Real Estate within Turkish Code of Obligations No. 6098

1. Upon the legitimacy of the New Code of Obligations, what kind of a legal arrangement regarding the Real Estate Leases has been enacted? - The Law on Real Estate Leases numbered 6570 shall be vanished upon inurnment of the provisions embodied in the context of the Turkish Code of Obligations (T.B.K) numbered 6098 as of the date of 01.07.2012.

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 The Sanctions of Bad Check under the Light of Regulations Brought by the Turkish Law Numbered 6273

“The Act to Amend of Check Law” numbered 6273, accepted on the date of 31.01.2012 by the Grand National Assembly of Turkey has been entered into force by publishing in the Official Gazette numbered 28093 and dated 03.02.2012. This Law brought radical amendments with respect to check which is one of the most important and vital payment instrument of the commercial life. The prison sentence concerning bad check has been abolished.

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