Montreux Convention regarding the Regime of the Straits (the “Convention”), signed in Montreux on July 20th, 1936, is an international convention that authorizes the Republic of Turkey to regulate the full control of the Bosphorus and Dardanelles Strait (the “Straits”) and the passage of the war ships. The Convention regulates the passage regimes while making a distinction regarding the peace and war periods. Accordingly, while the Convention guarantees the free passage of the civil ships through the Straits during peacetime, it limits the passage of the war ships of the countries which do not have a coast to the Black Sea during wartime. Such limitations vary depending on whether Turkey is one of the countries at war. Today the Convention still maintains its importance and some of the significant provisions of the same are as follows:
“The Communiqué amending the Communiqué regarding Merger and Acquisitions requiring the Permission of the Competition Board” (the “Communiqué”) numbered 2022/2 was published in the Official Gazette numbered 31768 on March 4, 2022.
Article 47 of the Law numbered 5718 on International Private and Procedural Law (the “Law”) regulates the determination of the competent court by a jurisdiction agreement granting the foreign courts jurisdiction. Pursuant to the relevant article, “in cases where the jurisdiction is not determined on the basis of exclusive jurisdiction, the parties can agree that the dispute between them, which has a foreign element and arises from their debt relations, will be settled by a foreign court”.
With the decision of the Constitutional Court (the “Court”) dated 28.12.2021 with the application number 2018/34548 published in the Official Gazette on 11.02.2022, the Court ruled that the employer reading the messages of its employee (the “Applicant”) with other workmates through WhatsApp, and the subsequent termination of the Applicant’s employment contract on the grounds of these correspondences are unconstitutional as these acts violate the right to respect for private life and freedom of communication which are guaranteed by the Constitution of the Turkish Republic (the “Constitution”).
The Regulation Amending the Regulation on the Implementation of the Turkish Citizenship Law (the “Regulation”) was published in the Official Gazette No. 31711 on 06.01.2022 and entered into force. Under the Regulation, some important changes have been introduced regarding the investments made by foreigners for acquiring Turkish citizenship.
Sermaye Piyasası Kanunu’nda Kripto Varlıkların ve Kripto Varlık Platformlarının Düzenlenmesine Dair Değişiklik Taslağı (“Taslak”) 2022 Ocak ayında Türkiye Büyük Millet Meclisi (“TBMM”) gündemine alınmış olup bu Taslak, günümüz dünyasının en popüler yatırım araçlarından biri haline gelen kripto varlıklara ilişkin hukuki dayanak oluşturmayı hedeflemektedir.
New regulations regarding savings finance companies have been introduced by the “Law No. 7292 on the Amendment Made on the Law on Financial Leasing, Factoring and Financing Companies and Some Laws” which was published in and entered into force by the Official Gazette dated 07.03.2021 and numbered 31416. Accordingly, the name of the Law No. 6361 has been changed as the Law on Financial Leasing, Factoring, Financing and Savings Finance Companies (the “Law”)…