For Turkish Companies

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Türkçe için lütfen buraya tıklayınız!                  UN-Kaufrecht Türkei

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I specialize in international trade law, especially export and import contracts and related areas of law (UN Sales Contract/CISG, Incoterms, letters of credit, distributorship law, etc.) and have been advising companies of various sizes and sectors on their foreign trade activities with Turkey for 19 years.

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Eser LAW has many years of experience in German-Turkish cross-border legal relations and transactions. This mainly includes the practice areas of Corporate, Banking & Finance, Commercial, and Disputes/Arbitration.

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Cross-border business relationships between German and Turkish companies raise a wide range of questions from the initial contact (non-disclosure agreements) to the contract negotiation phases (letter of intent, memorandum of understanding, preliminary agreements) and the final conclusion of the contract, which are unknown in national transactions due to the clash of different preconceived ideas of the parties involved and different legal systems.

ESER LAW offers you many years of experience and comprehensive expertise to assist you with your international commercial contracts. We support you in the preparation and implementation of contract negotiations, draft internationally reliable contract texts for you and assist you in all related legal matters.

In international contracts with Turkish companies, the application of German law is often provided for.
 

ESER LAW will support you competently in enforcing your claim by way of execution.

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ESER LAW represents you in and out of court in proceedings before all state courts in Germany and recommends tried and tested dispute resolution clauses for your contracts.

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We help Turkish companies to enforce their claims.

1. enforce rights and claim warranty

Is your contractual partner not performing as it should, delivering late or not in the agreed quality? Then you should point out to him that he has fulfilled the agreed obligations and, if necessary, enforce your claims. If fulfillment or rectification is not possible, you are usually entitled to more or less extensive warranty rights: rectification or subsequent delivery, price reduction, reimbursement or compensation. These claims are generally governed by the German Civil Code, but are specified or modified by the individual contract or the General Terms and Conditions. We will be happy to advise you on the correct procedure.

2. enforcing monetary claims by force

If your contractual partner is in arrears with the payment of your deliveries and services, you should not let any time pass and have your claims enforced and then enforce them. This applies all the more if your contractual partner is about to become insolvent or is already insolvent. In Germany, you have the entire range of instruments of enforcement law at your disposal in accordance with the Code of Civil Procedure (ZPO). European law also offers a wide range of options.

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3. claims are not always justified

The flip side of enforcing claims is defending against them. The first step is to check this: Have the claims asserted against your company effectively arisen at all? Do they exist in the amount claimed or do you possibly owe your contractual partner much less than claimed? Or have the claims long since become time-barred? Experience shows that it makes sense to take a close look with the help of a lawyer and, in case of doubt, to pay only under reserve.