TÜRKIYE Law and Practice Contributed by: Faruk Aktay, Ayşe Müge Aktay and İrina Gül Coşkun, Aktay Law Firm
nal act. The rules apply fully to independent attorneys registered with a bar association. In contrast, in-house counsel who are not bar-registered are treated as employees and do not benefit from the same statu- tory protections, and their communications may not enjoy the same level of confidentiality. 5.6 Rules Disallowing Disclosure of a Document Under the CPC, a party may refuse to produce a doc- ument where specific statutory grounds apply. Pursu- ant to Article 220 of the CPC, a party or third person may decline to produce a document if disclosure would seriously infringe personal or family privacy, reveal a professional or commercial secret subject to a legal duty of confidentiality, or expose the person to potential criminal liability. Documents containing state secrets may also be withheld for reasons of national security. These exceptions operate as narrowly defined statu- tory protections and must be justified to the court. Separately, Article 189 of the CPC prohibits the use of unlawfully obtained evidence, meaning such docu- ments cannot be introduced or compelled. Outside these defined grounds, parties are generally obliged to produce documents when ordered by the court. 6. Injunctive Relief 6.1 Circumstances of Injunctive Relief Injunctive relief may be granted, according to Article 389 of the CPC, where delay would make it significant- ly difficult or impossible to enforce a right, or where the applicant risks suffering serious harm if protec- tion is not provided. Such measures are intended to preserve the status quo and prevent prejudice pend- ing final judgment, and the court will only grant them where a legal interest and a clear need for protection are demonstrated. Applicants are typically required to provide security pursuant to Article 392 of the CPC. Precautionary injunctions may take the form of orders preserving assets, preventing certain actions, or main- taining existing conditions. For monetary claims, pre- cautionary attachment under the Enforcement and Bankruptcy Law allows creditors to freeze the debtor’s
assets to secure future enforcement. Asset-preserva- tion orders may also be issued in non-monetary dis- putes where disposition of property would jeopardise enforceability. 6.2 Arrangements for Obtaining Urgent Injunctive Relief In urgent circumstances, injunctive relief may be obtained very quickly. Under Article 389 of the CPC, the applicant must demonstrate that delay would make enforcement of the right significantly difficult or impossible, or that serious harm could result if protec- tion is not provided. In such cases, courts may issue an injunction promptly and, where necessary, without first hearing the opposing party. Türkiye maintains a system of on-duty judges ( nöbetçi hâkimler ), allowing parties to apply for interim meas- ures outside normal court hours, including nights, weekends and public holidays. If the statutory condi- tions are met and urgency is established, decisions can be rendered on an expedited basis. Applicants may be required to provide security pursuant to Article 392 of the CPC. 6.3 Availability of Injunctive Relief on an Ex Parte Basis Injunctive relief may be granted on an ex parte basis. Under the CPC, if the applicant demonstrates that delay would make enforcement of the right significant- ly difficult or impossible, or that serious harm is likely, the court may issue an injunction without notifying or hearing the respondent. In practice, ex parte orders are used where advance notice would frustrate the purpose of the measure. After the injunction is granted, the respondent is promptly notified and may request that the order be modified or revoked. The court then conducts a contradictory hearing, and the applicant is generally required to provide security pursuant to Article 392 of the CPC. 6.4 Liability for Damages for the Applicant If an injunction is later discharged or found to have been unjustified, the applicant may be held liable for the damages suffered by the respondent. This liabil- ity is imposed under Article 399 of the CPC and is
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