Business Crimes and Anti-Corruption
Administrative, Tax and Regulatory
Construction and Real Estate
Bar Admission: Istanbul Bar Association
Riza Gümbüsoglu has been with the firm since 1994. He is a partner and co-chair of the firm’s dispute resolution and employment practices.
Riza has deep commercial litigation experience and throughout his career he has advised local and multinational clients on all forms of commercial dispute.
He has dealt with numerous commercial and corporate disputes and matters, involving large corporate claims, shareholders disputes, joint venture disputes as well as insurance and reinsurance matters in relation to construction, banking, securities, capital markets and the corporate issues.
He has also engaged in disputes arising from construction contracts, distribution agreements, white collar crimes, customs related matters and tax issues. He has a significant industry expertise in transportation, construction & real estate and fertilizers.
Riza advised clients on restructuring facilities; lay off cases, employment contracts, related litigation and various employment issues including dealing with mass layoffs with no litigation.
Before joining the firm, Riza had worked as the Chief Court Clerk in the Istanbul Civil Courts for 13 years.
Mandatory mediation for commercial disputes was recently introduced by the Law on Legal Procedures to Initiate Proceedings for Monetary Receivables arising out of Subscription Agreements. As a result, an application for mediation is a condition for bringing a legal action before the courts, and a case will be dismissed on procedural grounds if the claimant in a commercial action fails to fulfil this obligation.
The Labour Courts Act, which was recently published in the Official Gazette, aims to ease the judiciary's workload and accelerate the judicial process in employment cases. The act has introduced a number of changes, the most important of which include mandatory mediation for employers and employees before initiating lawsuits, an amended procedure for reinstatement cases and a reduced statute of limitations of five years for several types of compensation.
Parties that failed to comply with an interim injunction or that violated an injunction previously faced one to six months' imprisonment. However, the Constitutional Court recently annulled this provision due to its lack of clear regulation and legal remedies. The changes will enter into force nine months after their publication in the Official Gazette and are final and binding on legislative, executive and judicial bodies, administrative authorities and real and legal entities.
If a foreign national who owns real estate in Turkey dies, his or her successors must have recourse to the Turkish courts and obtain a certificate of inheritance in order to complete the transfer of the real estate under their names before the land registry or be able to legally dispose of the property in any manner. A recent case illustrates that this issue can be overcome by the submission of specific documents issued by the competent authorities of foreign countries, testament or notary statements.
The court of peace recently appointed the former partner of a liquidated company as a gratuitous bailee to preserve the company's books. The decision created an alternative approach to the preservation of the books of liquidated companies, which must be preserved by a court of peace. The new approach should help to address concerns regarding the court's limited amount of storage space for company books.
A recent Court of Appeals case concerned a resolution taken at a general assembly meeting where the signature of the shareholder plaintiff's representative had been forged. As it was established without doubt that the signature on the general assembly meeting minutes did not belong to the plaintiff's representative, the court declared that the decisions taken at the general assembly were null and void.
In order for an invoice to generate a payment obligation on its recipient, Turkish law requires that there be an obligatory relationship between the drafter and recipient. A recent case confirmed that even when the recipient of an invoice does not object to it and inadvertently records it in its accounting books, this does not result in a payment obligation unless the invoice has a legal basis.