Av. Mücahit Cahar Çağlayan

Practice & Jurisprudence Note

Distinguishing Rent Determination Actions (TCO Art. 344–345) from Hardship Adaptation Suits (TCO Art. 138) in Commercial and Residential Leases

Turkish Code of Obligations No. 6098 provides two distinct mechanisms for rent adjustment: rent determination lawsuits after five years of tenancy under Articles 344(3) and 345, and hardship adaptation actions under Article 138 triggered by extraordinary, unforeseeable events. Their procedural notice rules, retroactivity, and evidentiary thresholds differ fundamentally.

Legislative Briefing

Cross-Border Personal Data Transfers and Standard Contractual Clause Notification Duties Under KVKK Article 9

Amended Article 9 of Turkish Personal Data Protection Law No. 6698 (KVKK) and its implementing Regulation establish a three-tier hierarchy for cross-border transfers: adequacy decisions, appropriate safeguards (principally Board-issued Standard Contractual Clauses), and strictly occasional derogations. Executed Standard Contracts must be notified to the Authority within five business days of signature completion.

Statutory & Doctrinal Analysis

Duty of Care and Loyalty of Board Members in Joint-Stock Companies Under Articles 369 and 553 of TCC No. 6102

Pursuant to Article 369 of Turkish Commercial Code No. 6102, board members of joint-stock companies must discharge their duties with the care of a prudent executive and safeguard the company's interests in good faith. Civil liability under Article 553 requires a culpable breach of statutory or charter obligations, quantifiable damage, and adequate causation, assessed through the lens of the prudent executive standard.