Commercial and Corporate Law

Ersan Sen Law and Consultancy Firm provides legal advice to small, medium-sized, and large-scale local and international businesses on all legal aspects of their transactions, including commercial and corporate law, as well as contracts.

Our Firm provides legal services regarding contract negotiations, corporate governance and compliance, corporate structuring, tenders, intellectual property rights, market regulations and licenses.

Data Protection Law

Family and Inheritance Law

In light of the regulations of the Civil Code and other related legislations, our Law Firm provides consultancy services to clients for the arrangement of marital property regime contracts before or during marriage. We also carry out the litigation processes representing our clients before the courts in contracted or contentious divorce cases, alimony, custody and other disputes that fall under the jurisdiction of the Family Courts.

Investment Processes, Mergers & Acquisitions

Our team has extensive transaction experience and expertise in each and every step of mergers and acquisitions of private companies and start-ups, starting from the initial negotiations to successful closing of the transactions.
We offer legal services to a diverse range of clients in various strategic positions comprising of start-ups, individual investors, holdings and family companies, national and multinational companies, private equity investment funds, venture capital funds in seller, buyer and investor side.
Our expertise in Mergers & Acquisitions includes, among others, pre-transaction restructuring, share and asset transfers, investments of private equity investment funds and venture capital funds, strategic partnerships and joint ventures, spin-offs and demergers, divestitures and liquidation, due diligence processes, negotiation and preparation of transaction documents (including share purchase and shareholders agreements), negotiations of the guarantees specific to the transaction, post-merger and acquisition integration, post-divestiture reorganizations, re-structuring and re-organization processes.

Labour Law

We provide consultancy and litigation services regarding all kinds of disputes arising from employment contracts such as credit cases, termination cases, reinstatement cases for both employer and employee.

Litigation and Dispute Resolution

Our firm provides advice to companies, financiers, international organizations, and government entities on managing their risks in the event of a potential dispute. We advice clients on developing and implementing litigation, arbitration and alternative dispute resolution strategies in order to achieve the best possible results.

Criminal Law

The basic principles of criminal law consist of the individuality of criminal responsibility and the principle of no punishment without law. The substantive criminal law concerns whether an act is a crime and what its punishment is.

In criminal proceedings; the adjectives such as the claimer, claim and indict, accused and defendant stand out, while there are no conviction and convict or no definitive judgements yet. This situation arises from the presumption of innocence, which is one of the basic legal doctrines. The presumption of innocence refers to the fact that the person prosecuted for a crime is not considered guilty unless his guilt is definite by a court order.

Since the Sen Law Firm’s establishment, the areas of Criminal Law and Criminal Procedure Law are the leading areas of expertise of its law team. Our highly experienced lawyers with in their field, follow every stage of the process from the beginning of the investigation to the end of the prosecution with great care while they represent their clients. Our office carries out its work in all areas of criminal law effectively and observantly. Sen Law Firm has been making a respectable name for itself for years with his understanding of work ethic and positive approach toward its clients.

Within this framework, our Firm’s Department of Criminal and Criminal Procedure Law provides effective and fast solutions in the light of the universal principles of law with its legal staff including academicians, during the investigation and prosecution procedures about the complaints and cases of its clients. Our team′s years of experience in this field, successfully addressing hundreds of legal problems it encounters in implementing extensive knowledge of legislation and court decisions, and gives value to the human rights and freedoms while applying its knowledge professionally, ensures that a rigorous, result-oriented, successful, fast and effective service to its clients.

Tax Law

We provide law consultancy and litigation services with our specialist team in the area of Tax Law to both natural and legal people, regarding the conflicts experienced in the scope of Tax Law, according to the updated legislation by carrying out reconciliation process before filing a lawsuit and continue with the litigation procedure for the cancellation or correction requests of tax penalties.

In our law firm; we provide the below-mentioned services with the help of our solution partners that are experts in the field of taxation/Tax Law who are also competent and experienced in the field of tax auditing and inspection:

- In the case that you are subjected to tax audit and inspection, we provide tax law consultancy before the audit and inspection about the subjects that necessitate technical information (exception, exemption, incentive, etc.) regarding the rights and responsibilities under Turkish Tax Procedure Law No. 213 and other related regulations to prevent any possible tax penalty regarding your business transactions.

- We provide tax law consultancy according to the provision stated in Income Tax Law No.193 and Corporate Tax Law No. 5520 before the full approval and inspection that will be carried out regarding the tax auditing process. Our tax law consultancy includes services regarding the procedures of the statutory records that you are obliged to keep within the entity, about the commercial operations of the entity, financial statements that will be prepared, accounting transactions, and the order of the documents and records.

- We provide consultancy about a tax refund, in cases, where you need technical and specific information regarding your rights and obligations under legal regulations about the refund process and method according to Income Tax Law, Corporate Tax Law, Value Added Tax Law, and other related Tax Laws.

-In the case that you are subjected to tax audit and inspection, we provide tax inspection consultancy about the subjects that are directed to you, within the scope of the operations conducted according to legal regulations (Code, By-law, Communique, Circular, Special Notice) and Procedural Law, in the inspection period and legal procedure to follow (conciliation before assessment, conciliation after assessment, remission in the tax penalty).

- We provide litigation service, regarding the matter of dispute about your rights and obligations in every step of the lawsuit process, according to Administrative Jurisdiction Procedures Law, Tax Procedural Law, and other related tax laws and regulations while a lawsuit process is continuing about an administrative action initiated against you.

- We provide litigation service for lawsuits regarding tax evasion.

Constitutional Law

According to paragraph 8 of the Provisional Article 1, which is added to the Law Regarding The Establishment and Procedures of the Constitutional Court No. 6216, individual applications against the final procedures and decisions finalized after 23.09.2012 are examined by the Constitutional Court. Article 45 of the Law No. 6216 recognizes the "right of individual application" and the European Court of Human Rights currently accepts these individual applications to the Constitutional Court as an effective domestic legal remedy. In order for the individual application to be examined by the Constitutional Court, the application must enter into the Constitutional Court′s authority in terms of person, subject, place and time. The application period to the Constitutional Court is 30 days from the exhaustion of all domestic legal remedies.

Our legal consultancy and advocacy services regarding individual application to the Constitutional Court are as follows: Individual application to the Constitutional Court which is one of the basic rights and freedoms guaranteed in the Constitution for alleged violations of any rights stipulated under the European Convention on Human Rights and the additional protocols to which Turkey has signed; determine whether the administrative and judicial application pathways stipulated in the law for the procedures, actions or omissions that are alleged to have caused the violation before the individual application have been exhausted; in this context, the examination of the acceptability requirements of the individual application; determining whether the application complies with the Law No. 6216 and the conditions specified in the Constitution Court Regulation; presenting precedent decisions supporting the violated right, which is subjected to the application; preparing a response to the opinion of the Ministry of Justice and follow-up the individual application made under Law No. 6216 before the Constitutional Court.

Individual applications to the European Court of Human Rights

The supervisory body of the European Convention on Human Rights is the European Court of Human Rights. All 47 member states of the Council of Europe are parties to the Convention. The Republic of Turkey has signed the Convention on November 4, 1950 and the Ratification Law No. 6366 dated March 10, 1954 was published in the Official Gazette dated March 19, 1954 and numbered 8662. The certificate of approval was submitted to the Secretariat General of the Council of Europe on May 18, 1954 and the Convention came into force on this date for the Republic of Turkey. The convention includes a limited portion of the civil and political rights guaranteed in the Universal Declaration of Human Rights. This limited list of rights has been extended with additional protocols in Turkey. Each protocol binds the Turkish state in terms of these human rights.

Individual applications to the European Court of Human Rights must be made within six months after the exhaustion of all domestic remedies. However, with the entry into force of Additional Protocol No. 15 to the Convention, this period will be reduced to four months. Additional Protocol No. 15 of the European Convention on Human Rights was signed on June 24, 2013 and has not yet come into force. In order for the Protocol to take effect, all state parties to the European Convention on Human Rights must ratify the Protocol in their national assemblies. Until this process is completed, six months rule shall be applied to the European Court of Human Rights to make an individual applications after the exhaustion of all domestic remedies. In addition, according to Article 7 of the Protocol, the effective date is the first day of the month following the expiration of a three-month period from the date of ratification by all member states. The Republic of Turkey signed this Protocol on September 13, 2013.

Our legal consultancy and advocacy services comprise these operations: The application to the European Court of Human Rights for alleged violations of human rights and freedoms guaranteed by the European Convention on Human Rights and additional protocols to which Turkey is a party; determining whether domestic legal remedies have been consumed before the application is made; determining that an individual application has been made to the Constitutional Court or not, which is considered as an effective domestic legal path in this regard; reviewing the case files related to the trial in the degree courts; checking the compliance of the application with the criteria of acceptability and the intervention subject to the violation includes the follow-up of the application made in person or through a representative before the European Court of Human Rights such as preparing a response to government opinions.

Administrative Law

Within the scope of the protection of real and legal persons against the administration, we provide consultancy and litigation services to the persons we represent in the process of opening cancellation and full judicial proceedings, revocation of public procurement agency decisions, filing a revocation case against the savings of ministries, public legal entities, municipalities and administrations, participating in settlement negotiations within the scope of expropriation decisions and taking legal action against the regulatory proceedings of the administration, and making the necessary permits and applications in the establishment stages of foreign and local companies.

Mediation

Arbitration

Uyuşmazlığın mahkemeler dışında, uzman, tarafsız ve bağımsız üçüncü kişiler tarafından yargılama yapılması suretiyle çözüme kavuşturulduğu tahkim davaları, hızlı ve esnek yapısıyla son yıllarda pek çok gerçek ve tüzel kişi tarafından tercih edilmektedir. Ofisimiz, alanında uzman avukat ve danışmanlarla ad-hoc veya kurumsal şekilde gerçekleştirilen tahkim davalarına ilişkin tüm süreçlerde müvekkillerine hizmet sunmaktadır. Bu çerçevede özellikle;
- Tahkim sözleşmesinin hazırlanması ve geliştirilmesi,
- Tahkim davasının açılması ve dava takibi,
- Tahkim davasından önce veya dava sırasında ihtiyatî tedbir ve delil tespiti talepleri,
- Tahkim davası sürecinde mahkemeye başvurulması gereken durumlara ilişkin ilgili taleplerde,
- Tahkim sonucu verilen kararın tanınması ve tenfizinde,
- Tahkim sonucu verilen kararın iptali davasında,
- Tahkim sonucu verilen kararın icra edilmesi süreçlerinde,
ofisimiz müvekkillerini temsil etmektedir.

Gayrimenkul Hukuku

Büromuz; Gayrimenkul Hukuku alanında danışmanlık ve uyuşmazlık çözümü konusunda tecrübe sahibidir.
Bu kapsamda;
• Arsa payı karşılığı inşaat sözleşmeleri ve gelir paylaşımlı inşaat sözleşmelerinin hazırlanması ve bunlardan kaynaklı davaların takibi,
• Gayrimenkul alım-satım sözleşmeleri,
• Taşınmaz satış vaadi sözleşmeleri,
• Kamu-Özel iş birliği sözleşmeleri,
• Gayrimenkul Yatırım Ortaklığı süreçleri,
• Alım, ön alım, geri alım haklarıyla ilgili davalar,
• İntifa, irtifak vb. ayni hakların tesisi ve terkini,
• Kamulaştırma davaları,
• Ortaklığın giderilmesi davaları,
• Tapu Müdürlüğü ve Kadastro Müdürlüğü uygulamaları ve bu uygulamalardan kaynaklı davalar,
• Kentsel dönüşüm süreçleri,
• Belediye ve imar uygulamaları,
• Kat mülkiyeti yönetimi ve uyuşmazlıkları,
• Tapu kaydındaki yolsuz tescilin düzeltilmesi ve davaları,
• Müdahalenin men’i ve el atmanın önlenmesi davaları,
• Ecrimisil davaları,
• Kira sözleşmelerinin hazırlanması ve bunlardan kaynaklanan davalar,
• Miras Hukuku ve Aile Hukuku ile bağlantılı gayrimenkul paylaşımlarına ilişkin süreçler,
Hakkında gerçek ve tüzel kişilere hem danışmanlık ve hem de dava takibi konusunda hizmet verilmektedir.