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Family Law

family-law

Positive law serves the clients by writing  protocols and representing them in front of courts during dispute resolution regarding issues of Family Law such as marriage, engagement, divorce, alimony and child support, custody, matrimonial property regimes, kinship, establishing paternity, adoption, property guardianship, family estate and tutelage between parties that are both Turkish citizens or Turkish citizens and foreigners pursuant to the Civil Code, Code of Civil Procedure, relevant international conventions and codes; paying the utmost care and attention to the right of privacy of the parties. 

The services provided by Positive Law in the area of Family Law include:

• Conducting litigation in divorce and paternirty lawsuits,
• Writing and executing protocols for uncontested divorce cases,
• Making claims of pecuniary and non-pecuniary damages in uncontested divorce cases
• Executing the division of matrimonial property regimes after divorce,
• Providing legal remedies for actions against verdicts and provisions regarding custody, alimony and child support,
• Applying for court measures against domestic violence and such cases,
• Resolution of conflicts arising from adoption,
• Providing consultancy services regarding matrimonial property agreements that shall be conducted between the marrying parties,
• Resolution of conflicts arising from termination of engagement,
• Settling all sorts of disputes tried by Family Courts,
• Following the current legislation in the area of Family Law.

Mediation Service

mediation-service

Positive Law, provides services to its clients in party attorneyship and discretionary mediation with its expert mediators who practice as registered to the Department of Mediation, about below mentioned subjects

• Labor disputes
• Compensation and claims arising from copyright
• Material and moral indemnities
• Debt-credit relationship
• Insurance cooperative’s obligations - loss indemnisation
• Property regime
• Alimony
• Rental claim
• Loss indemnisation
• Disputes arising from construction agreement in return for land share
• Share transfer
• Contractual disputes
• Partition of the inheritance
• Dissolution of partnership
• Evacuation
• Land register cancellation and registration
• Exercise of the pre-emption right
• Partition of immovable properties
• Disputes arising from condominium
• Transfer of immovable properties
• Withdraw from commercial partnership
• Disputes which has element of foreignness
• Perform an obligation
• Transfer of movable properties
• Disputes arising from consumer law
• Family Law (infringement of engagement)
• Adequate pay – prevention of intervention
• Possessory actions - restoration
• Claim of participation
• Restitution of movable properties
• Elimination of the disputes arising from compensation
• Other actions (on the subjects which do not concern public order and are sufficient for enforcement)

Department Of Criminal Law

department-of-criminal-law

Positive Law renders any kind of litigation and consultancy services to clients in the field of Criminal Law required from the investigation stage. 

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Positive Law Firm renders consultancy services from investigation and pre-litigation stages to litigation and enforcement stages with regard to all procedures and processes bearing risk of criminal sanction.

Litigation and Dispute Resolution​

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Positive Law is experienced in the follow-up of judicial and arbitral proceedings on a national and international scale. It renders services in a wide range of litigation, arbitration and dispute resolution cases. We are particularly experienced in litigations relating to commercial agreements and the enforcement of foreign arbitral awards in Turkey.

Positive Law offers effective solutions both in litigation and in cases where a settlement can be reached before legal action is taken. Aksan has established many amicable agreements and has helped settle a significant amount of arbitration cases with the support of its broad network, national and international. We work together with other leading law firms around the word in order to better meet the needs of our distinguished clients.

Enforcement and Bankruptcy Law

enforcement-and-bankruptcy-law

Positive Law has significant experience in the field of debt enforcement and bankruptcy law. Positive Law carries out comprehensive investigation to determine all properties belonging to the debtor, including real estate as well as rights and receivables in third persons under execution proceedings with the purpose of collecting receivables in the field of Execution and Bankruptcy Law. Such services also include litigation proceedings at execution courts and general courts for the resolution of disputes between the creditor/the debtor and third persons.

Some of the other services provided by Positive Law in the field of Execution and Bankruptcy Law include:

• Carrying out execution and bankruptcy proceedings for the purpose of collecting receivables
• Drafting protocols for debt liquidation negotiations and amicable agreements made between the debtor or creditor client and the other party
• Carrying out proceedings for the suspension of bankruptcy
• Resolving disputes arising from bank loan agreements

Labor and Social Security Law

labor-and-social-security-law

Positive Law works in close proximity to the human resources departments of its clients, ensuring that all procedures during the employment process are conducted in compliance with legal regulations from beginning to end, and provides support in redrafting implementations of its clients for their compliance with legislation when necessary.

Some of the services provided by Aksan in the field of Labor and Social Security Law include:

• Preparing drafts of collective labor agreements and managing negotiations
• Resolving termination of contracts and severance issues through litigation or settlement
• Consultancy on criminal and legal liabilities with regard to occupational accidents and diseases and conducting the required works to fulfil obligations
• Ensuring the conformity of working environments with legislation in force, especially with regard to health and safety
• Updating and/or re­drafting employment contracts and related procedures under implementations of the Supreme Court
• Drafting reports, defence request letters, notices and notifications of termination for each occasion
• Rendering training services with regard to liabilities arising from Labor Law, Social Security Law and Unemployment Insurance Law
• Settling disputes with regard to trade union activities.

Data Protection Law

data-protection-law

Since the Ministry of EU Affairs started the National Programmes for the Adoption of the Acquis, data protection law has started to develop and along with the release of the Turkish Law on the Protection of Personal Data numbered 6698, Aksan has served its clientele in attempt to comply with the law. This area being very new and young in Turkey, Aksan is one of the most preferred law firms giving consultancy for its clients to not to be faced against any penal sanction arising from the Law and its tobe-released-regulations.

Some of the services provided by Positive Law in the field of Data Protection Law include:

• Providing legal support for the adjustment process
• Determining the liabilities of the entities which are subject to the Law
• Performing due diligence accordingly
• Providing consultancy for data processing, transfer of personal data, deletion, destruction, and anonymization of personal data, and data processor’s obligations.
• Finalizing the framework

Corporate Law

corporate-law

Positive Law is specialized in the establishment, dissolution, merger/acquisition and type changing processes of domestic and foreign companies in the field of Corporate Law. A wide range of distinguished clientele puts their trust in Aksan to carry out many different tasks regarding corporate law.​

Some of the services provided by Positive Law in this area include:

• ​Holding general assembly meetings of companies
• Carrying out capital increases and reductions
• Providing consultancy under the capital market legislation
• Preventing unfair competition and offering consultancy under consumer legislation
• Establishment of liaison offices
• Carrying out transactions related to shares and bonds
• Performing due diligence

Consumer Law

consumer-law

Positive Law renders services in many industries regarding consumer law in issues that fall under the Law on Consumer Protection, Law of Obligations, Commercial Law and associated regulation and disputes tried by Consumer Arbitration Committees and Consumer Courts. Within this field, Aksan is particularly specialized in the automotive industry.

Some of the services provided by Positive Law in the field of Consumer Law include:

• Drafting Purchase and Sales Agreements
• Following all relevant legislation in the field of Consumer Law
• Following transactions in front of Consumer Arbitration Committees
• Providing legal remedies for customers’ complaints
• Making settlement negotiations and protocols between buyers and sellers
• Settling disputes arising from defective goods or services
• Settling disputes tried by Consumer and Commercial Courts

Department Of Tax Law

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Turkish Tax Advisory:

We advise our clients on their Turkish tax issues including but not limited to corporate income tax, income tax, value added tax, stamp duty, real estate tax, custom duties, municipal taxes, transfer pricing, banking and insurance transaction tax and resource utilization.

International Tax Structuring:

We advise on the implementation of a tax structuring for the companies operating more than on jurisdiction which experience complex tax issues both in their own jurisdiction and the other jurisdictions that they do business that causes the requirement for a coordinated global delivery of services incorporating both knowledge of local legislation and appropriate international laws and regulations.

International Corporate Structuring:

As Positive Law, we work with our clients on their business goals for international structuring and identify the best jurisdiction that matches client needs for tax and legal purposes.

Tax Litigation & Dispute Solutions:

We provide our clients advisory and litigation services on any Turkish tax and customs duty help to prevent and/or manage any disputes with the authorities.

Mergers & Acquisitions:

We advise our clients on a full range of deal-related tax issues and who are used to work in close collaboration with our clients and their other providers where we give advice on pre-deal tax planning and deal models, tax due diligence and post-deal transactions.