MANDATORY MEDIATION FOR LEASE AND REAL ESTATE LAW DISPUTES IN FORCE AS OF 1 SEPTEMBER 2023
In our previous Newsletter dated 24 April 2023, we informed you of the Law numbered 7445 on Amending Code of Enforcement and Bankrupcy and Certain Laws (in Turkish “İcra ve İflas Kanunu ile Bazı Kanunlarda Değişiklik Yapılmasına Dair Kanun”) that brought important amendments by introducing Article 18/B to the Law numbered 6325 on Mediation in Legal Disputes (in Turkish “Hukuk Uyuşmazlıklarında Arabuluculuk Kanunu”, hereinafter referred to as the “Mediation Law”) and it has been published in the Official Gazette dated 5 April 2023 and numbered 32154.
Accordingly, the following certain disputes, applying to a mediator before filing a lawsuit has become mandatory as a lawsuit condition (in Turkish, “dava şartı”) as of 1 September 2023:
- disputes arising from lease relationships – except for the provisions regarding the eviction of leased immovables through enforcement proceedings without judgment, stated in the Code of Enforcement and Bankruptcy numbered 2004 (“2004 Sayılı İcra ve İflas Kanunu”);
- disputes arising from the division of movables and immovable, and the eliminationof joint ownership;
- disputes arising from the Condominium Law numbered 634 (“634 Sayılı Kat Mülkiyeti Kanunu”); and
- disputes arising from the neighboring rights regulated in the Turkish Civil Code numbered 4721 (“4721 Sayılı Türk Medeni Kanunu”).
Our Law Firm remains at your disposal for any further clarifications you may need.
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