TÜRKIYE Law and Practice Contributed by: Faruk Aktay, Ayşe Müge Aktay and İrina Gül Coşkun, Aktay Law Firm
6.7 Consequences of a Respondent’s Non- Compliance If a respondent fails to comply with an injunction, the court may impose the sanctions provided under Arti- cles 398–399 of the CPC. These include disciplinary fines and, in cases of continued non-compliance, coercive detention. In addition, the injunction may be enforced through the enforcement offices to ensure that the required act is carried out or that the prohib- ited conduct is stopped. A respondent who breaches an injunction may also be held liable for any damages caused to the applicant as a result of the violation. Although Turkish law does not recognise contempt of court in the common-law sense, these statutory sanctions serve a similar func- tion in compelling compliance with interim measures. Trials in Türkiye follow a mixed written–oral procedure. The action is initiated through written pleadings, in which each party sets out its claims, defences and evidence. After the exchange of petitions, the court conducts a preliminary examination and then sched- ules hearings for the evidentiary phase. Hearings are generally public and allow for oral submissions, exam- ination of witnesses by the court, expert testimony and, where necessary, on-site inspection. Once the evidentiary stage is completed, the proceed- ings move to the oral-argument phase, after which the court renders a written, reasoned judgment. Appeals and cassation proceedings are predominantly con- ducted in writing, although hearings may be held if required by the appellate court. 7.2 Case Management Hearings Shorter hearings are commonly held for interim appli- cations and procedural matters. Requests for injunc- tions, attachments or other interim measures are usu- ally handled through brief, judge-led hearings in which the parties present limited oral submissions, and the court may issue its decision immediately or shortly thereafter. 7. Trials and Hearings 7.1 Trial Proceedings
secured through the security ( teminat ) that applicants are ordinarily required to provide under Article 392. The amount of security is determined by the court in light of the potential harm that the injunction may cause. These principles apply equally to ex parte injunctions. Even when an injunction is granted without notice to the respondent, the applicant will normally be required to post security, and may be held liable for any losses if the measure is subsequently lifted. Only in excep- tional circumstances may the court waive the security requirement. 6.5 Respondent’s Worldwide Assets and Injunctive Relief Turkish courts may grant injunctive relief only with respect to assets located within Türkiye, as interim measures have no extraterritorial effect. Injunctions cannot directly bind or freeze a respondent’s world- wide assets. If protection is required over assets situ- ated abroad, a separate application must be made to the courts of the relevant jurisdiction, and enforce- ment will depend entirely on that country’s domes- tic law and any applicable international instruments. Accordingly, the availability of asset-related relief out- side Türkiye is governed by the foreign court’s willing- ness to recognise and grant interim measures, rather than by Turkish law itself. 6.6 Third Parties and Injunctive Relief As a rule, injunctive relief is granted only against par- ties to the dispute. However, under Articles 389–399 of the CPC, an injunction may be directed to a third person where such person has possession or control over the property or right that is the subject of the action – for example, a bank holding the respondent’s account or a registry office responsible for annotat- ing restrictions. In these situations, the third party is required only to perform the ministerial act necessary to preserve the right. Turkish courts do not issue injunctions imposing sub- stantive obligations on unrelated third parties, and interim measures cannot be obtained against persons who have no connection to the property or right in dispute.
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