Commercial Litigation Lawyer

Commercial litigation lawyers provide legal support in resolving disputes arising between merchants, companies, commercial enterprises and people operating in the business world. Commercial cases; It may include disputes arising from receivables, compensation, breach of contract, unfair competition, company partnership, checks, promissory notes, current accounts and commercial affairs.

Due to the density of companies, commercial enterprises, enterprises and investment processes in Istanbul, commercial cases frequently come to the fore. Therefore, when a dispute arises, it is important not only to file a lawsuit, but also to collect evidence correctly, evaluate the mediation requirement and act strategically.

What is Commercial Litigation?

Commercial litigation is a lawsuit that is accepted as a commercial lawsuit in the Turkish Commercial Code or special laws or that arises from disputes related to commercial enterprises. Whether the parties are merchants, the connection of the dispute to the commercial enterprise, and whether there is a special regulation in the law affect the type of case.

Commercial cases are cases that require technical knowledge and fast action. Evidence management is of great importance, especially in receivables, contracts and compensation disputes between companies.

What Does a Commercial Litigation Lawyer Do?

The commercial litigation lawyer determines the legal nature of the dispute, evaluates the case conditions and creates a litigation strategy that suits the client's interests. Methods such as pre-litigation notice, mediation, detection of evidence, provisional seizure or interim injunction may be considered.

During the litigation process, the preparation of petitions, objections to expert reports, follow-up of hearings, presentation of evidence and post-decision enforcement procedures are carried out. In commercial litigation, the process often depends on the quality of pre-litigation preparation.

In which court are commercial cases heard?

As a rule, the competent court in commercial cases is the commercial court of first instance. According to Article 5 of the Turkish Commercial Code, unless there is a provision to the contrary, the commercial court of first instance is responsible for hearing all commercial cases.

In places where there is no commercial court of first instance, some cases can be heard in the civil court of first instance. In Istanbul, commercial cases are mostly heard in the commercial courts of first instance in Istanbul, Istanbul Anadolu and Bakırköy courthouses.

What are the Types of Commercial Cases?

Commercial cases may arise from many different issues. Intercompany receivables, contract violations, partnership disputes and unfair competition are among the most common types of cases in practice.

Commercial Receivables Cases

Trade receivables cases are one of the most common types of cases that companies and merchants encounter. Unpaid invoices, current account debts, service fees, receivables arising from the delivery of goods or unpaid amounts under the contract may be included in this scope.

In these cases, contracts, invoices, delivery notes, delivery minutes, current account statements, e-mail correspondence and bank records are important evidence. In order to present the receivable claim strongly, commercial records must be in order.

Objection Cancellation Case

The action for cancellation of objection is the case that the creditor can file if the debtor objects to the enforcement proceeding. If the court determines the existence of the receivable, it may decide to cancel the objection.

In these cases, the documents on which the claim is based must be clearly presented. It is also possible to claim enforcement denial compensation if the conditions are met.

Negative Determination Case

A negative determination lawsuit is a lawsuit filed to determine that a person is not indebted. In commercial relations, allegations of false invoices, unfair promissory notes, faulty current accounts or invalid contracts may arise.

This case is important to clarify the legal situation of the party under debt threat. It is possible to open it before or during enforcement proceedings.

Sedition Case

A recovery lawsuit is filed with the aim of recovering the amount paid by the person who made the payment even though he is not the debtor. In commercial life, it may arise in cases where payment is made due to incorrect payment, unfair collection or invalid debt.

In an extortion case, it must be proven that a payment was made and that this payment had no legal basis. Bank records, receipts, contracts and correspondence can be used as evidence.

Commercial Compensation Cases

Commercial compensation cases may be filed for reasons such as breach of contract, undelivered goods, defective service, wrongful termination or loss of commercial reputation. The scope of the damage and the fault of the other party are the main issues of evaluation in these cases.

The party claiming compensation must prove its damage and the connection between the damage and the other party's act. For this reason, damage calculation and evidence preparation must be done carefully before the lawsuit.

Commercial Contract Disputes

Commercial contracts form the basis of business relationships between companies. Sales, service, supply, dealership, distributorship, lease, software, consultancy and cooperation agreements may be subject to commercial disputes.

If the payment, delivery, penalty clause, termination, defect, warranty, confidentiality and competent court provisions are not clear in the contract, the dispute may become more complicated. Therefore, it is important to prepare contracts correctly from the beginning.

Current Account Disputes

Current account relationship is seen in commercial relations in which the parties subject their mutual receivables and debts to settlement at certain periods. Failure to keep these accounts correctly or one of the parties objecting to the balance may result in litigation.

Commercial books, invoices, payment records, memorandums and bank transactions are important evidence in current account cases. Keeping the books properly provides an advantage in terms of proof.

Commercial Cases Based on Checks and Promissory Notes

Bills of exchange such as checks, bills and policies are frequently used payment instruments in commercial life. Disputes arising from these documents may lead to enforcement proceedings and litigation processes.

In check and promissory notes cases, allegations of signature, authority, maturity, payment, endorsement, forgery and lack of consideration are important. Documents should be carefully examined whether they comply with the formal requirements.

Commercial Cases Between Company Partners

Disputes may arise between company partners regarding management, dividends, share transfer, obtaining information, capital investment obligations or exiting the company. These disputes can directly affect the operation of the company.

In partnership cases, the company contract, general assembly decisions, board of directors decisions, trade registry records and share ledger must be examined. Legal solutions should be evaluated before the dispute escalates.

Unfair Competition Cases

Unfair competition includes actions that violate the rule of honesty in commercial life and cause harm to competitors or customers. Examples of this may include misleading advertising, use of trade secrets, abuse of customer base or counterfeit products.

In unfair competition cases, requests such as detection, prohibition, correction, compensation and return of profits may come to the fore. It is important to collect evidence quickly in unfair competitions that take place in the digital environment.

Agency, Dealership and Distributorship Cases

Agency, dealership and distributorship relationships arise from long-term commercial contracts. Situations such as violation of the contract by one of the parties, unfair termination or territorial violation may create a dispute.

In these cases, contract provisions, sales targets, payment records, product deliveries, termination notice and commercial behavior of the parties are evaluated together. The clarity of the contract provisions directly affects the litigation process.

Transportation and Logistics Cases

Transportation and logistics cases may arise from issues such as damaged delivery of goods, late delivery, loss, transportation fee, freight and storage fees. These disputes are common in Istanbul due to the intensity of port, customs and logistics activities.

In these cases, the transportation contract, delivery note, delivery report, damage assessment report, customs documents and insurance records are important. The law and jurisdiction provisions applicable to international transportation should also be examined.

Is Mediation Mandatory in Commercial Cases?

Mediation is a requirement in commercial cases involving the payment of a certain amount of money and claims for compensation. In accordance with Article 5/A of the Turkish Commercial Code, a mediator must be consulted before filing a lawsuit in such disputes.

If a lawsuit is filed before the mediation requirement is met, the case may be rejected due to procedural reasons. For this reason, before filing a commercial lawsuit, it should be evaluated whether the dispute is within the scope of mediation.

How Does the Mediation Process Work?

Application for mediation is made to the authorized mediation office. The mediator invites the parties to a meeting and evaluates whether the dispute can be resolved by agreement.

If an agreement is reached, the process can be completed without filing a lawsuit. If an agreement cannot be reached, a final report is prepared and it is possible to file a lawsuit with this report.

Evidence in Commercial Cases

In commercial cases, evidence generally consists of written documents, commercial books and electronic records. The orderliness and consistency of the evidence can directly affect the outcome of the case.

Evidence Quality of Commercial Books

Commercial books, if kept properly, can serve as important evidence in commercial cases. Opening and closing certifications of the books, registration order and their compliance with the other party's records are important.

Irregular or incomplete books may weaken the power of proof. For this reason, companies keeping their commercial records in order provides a significant advantage in litigation processes.

Expert Reports

In commercial cases, expert reports can be obtained for accounts receivable, current account, ledger review, loss account, technical product review or industry practice. The expert report may be effective in the court's decision.

Incomplete or erroneous expert reports must be objected within the time limit. The documents on which the report is based and whether the calculation has been made correctly should be carefully examined.

Precautionary Seizure and Interim Injunction

In commercial disputes, a provisional lien may be requested to secure the collection of receivables. This method is especially important in case the debtor is likely to miss the goods or the collection of the receivable becomes difficult.

Interim injunction can be applied to protect the right in question. Which temporary legal protection is appropriate should be determined according to the nature of the dispute.

What Should Be Considered Before Filing a Commercial Lawsuit?

Before filing a commercial lawsuit, it should be evaluated whether the dispute is a commercial lawsuit, the mediation requirement, the statute of limitations, the competent court, the evidence and the amount of the claim. Incomplete preparation may cause the case to be prolonged or rejected due to procedural reasons.

In addition, the other party's solvency, assets, commercial records and the possibility of reconciliation should also be taken into consideration. Litigation strategy should consider not only legal but also commercial consequences.

Statute of Limitations in Commercial Cases

The statute of limitations in commercial cases varies depending on the type of dispute. Claims arising from receivables, contracts, unfair competition, transportation, insurance or bills of exchange may be subject to different periods of time.

Missing the statute of limitations may make it difficult to collect a justified claim through litigation. Therefore, a legal evaluation should be made as soon as a commercial dispute arises.

Commercial Cases in Istanbul

Istanbul is one of the busiest trade centers in Turkey. Therefore, commercial cases; It is frequently seen among companies, traders, investors, banks, insurance companies, logistics companies and service providers.

The courthouse where the lawsuit will be filed in Istanbul; It may vary depending on the address of the parties, the authority requirement in the contract, the place of performance of the debt and the nature of the dispute. Istanbul, Istanbul Anadolu and Bakırköy courthouses are among the jurisdictions frequently encountered in commercial disputes.

The Importance of Working with a Commercial Litigation Lawyer

Commercial litigation requires not only legal knowledge but also the ability to understand the functioning of commercial life. Contract provisions, commercial practices, book records and financial documents should be evaluated together.

Working with a commercial litigation lawyer ensures that pre-litigation preparation is carried out correctly, the mediation process is carried out effectively, and demands are presented strongly at the court stage.

Legal Support from Attorney Mehmet Emin Kurşun

In commercial cases, correct strategy, evidence management and full compliance with the case conditions are of great importance. The mediation requirement, commercial book review, expert reports and accounts receivable can directly affect the outcome of the process.

Attorney Mehmet Emin Kurşun provides legal support in commercial litigation, commercial receivables, cancellation of objection, negative determination, recovery, unfair competition, company partnership disputes, breach of contract and commercial court processes in Istanbul.

Things to Know Before Starting the Legal Process

Before filing a commercial lawsuit, the legal nature of the dispute, the obligation to mediate, the evidence, the amount to be requested and the competent court must be determined correctly. In commercial cases, missing documents or incorrect applications can cause serious loss of time and rights.

Receiving legal support for companies and merchants experiencing commercial disputes in Istanbul at the beginning of the process both reduces the risk of litigation and helps protect commercial interests more effectively.

Frequently Asked Questions

What is commercial litigation?

Commercial litigation is a lawsuit that is accepted as a commercial lawsuit in the Turkish Commercial Code or special laws or that arises from disputes related to commercial enterprises.

What does a commercial litigation lawyer do?

Commercial litigation lawyer; It creates pre-litigation strategies, follows the mediation process, prepares petitions, presents evidence, conducts hearings and post-decision enforcement processes.

In which court are commercial cases heard?

As a rule, the competent court in commercial cases is the commercial court of first instance. In places where there is no commercial court of first instance, different practices may come to the fore.

Is mediation mandatory in commercial cases?

Mediation is a requirement in commercial cases involving the payment of a certain amount of money and claims for compensation. A mediator should be consulted before filing a lawsuit.

What is a trade receivables lawsuit?

A commercial receivables lawsuit is a lawsuit filed for the collection of receivables arising from commercial relations such as invoices, current accounts, contracts, goods delivery or service fees.

Is the objection cancellation case a commercial case?

If the receivable arises from a commercial relationship, the action for annulment of the objection to enforcement proceedings may qualify as a commercial case.

What evidence is used in commercial cases?

Contracts, invoices, delivery notes, commercial books, current account statements, bank records, e-mail correspondence and expert reports can be used.

How long does a commercial lawsuit take?

The duration of the case varies depending on the intensity of the court, expert examination, collection of evidence and objections of the parties. Each file is evaluated on its own terms.

In which courthouse is a commercial lawsuit filed in Istanbul?

Competent courthouse; It is determined according to the address of the parties, the authority requirement in the contract, the place of performance of the debt and the nature of the dispute. Istanbul, Istanbul Anadolu and Bakırköy courthouses are the most common judicial districts.

On which issues does Attorney Mehmet Emin Kurşun provide support in commercial cases?

Attorney Mehmet Emin Kurşun; It provides legal support in commercial receivables, contract disputes, cancellation of objection, negative determination, unfair competition, company partnership disputes and commercial court processes.