On the Taxonomy of Provisions of the Turkish Commercial Code Provisions Regarding Minority Shareholder Protection
09
November 2022, Wednesday

This blog post examines how the Turkish Commercial Code (TCC) protects minority shareholders while paying special attention to close joint stock corporations with a controlling shareholder...

Res. Asst. Abdurrahman Kayıklık

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Transfer of Profits Arising From the Infringements of Intellectual Property Rights
26
October 2022, Wednesday

Article 66-70 of Law No. 5846 on Intellectual and Artistic Works (“Law”) stipulates the legal claims which may be brought in case of infringements of intellectual rights. The right holder may make a request to remedy an existing infringement (Law art. 66-68), for multiple damage claims (Law art. 68), to prohibit an imminent infringement (Law art. 69), for pecuniary and non-pecuniary compensation claims (Law art. 70/1, 2), and for transfer of profits (Law art. 70/3)...

Dr. Ozan Ali Yıldız

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Autonomous Systems in the Law of Extra-Contractual Liability
19
October 2022, Wednesday

Autonomous systems do not operate under the direct control of a human being; besides, their decisions and acts are unforeseeable to some extent. That is why it is on the agenda of lawyers and lawmakers to clarify who is liable for damages caused by autonomous systems. This study explores the attribution of extra-contractual liability for damages caused by autonomous systems....

Asst. Prof. Dr. Cemre Polat

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A Study on the Future of Company Law: Artificial Intelligence in Company Management
12
October 2022, Wednesday

Artificial intelligence technologies are on the way to creating a new commercial order and understanding that will shake up the traditional structure of corporate law. In particular, the efficiency and speed of artificial intelligence technologies that automate decision-making processes have led companies to tend to use these systems both by developing and marketing them and by incorporating them...

Dr. Sevda Bora Çınar

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Why could debt-based crowdfunding not succeed in Turkey?
25
August 2022, Thursday

Capital Markets Board of Turkey published a Communiqué on Crowdfunding in the Official Gazette edition 31641 on 27 October 2021. The Communiqué is to set down the principles and procedures regarding debt-based crowdfunding. Yet, no crowdfunding platforms have so far applied for listing on debt-based crowdfunding...

Berkay Kılıç

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Seller’s Liability for Defects in Company Acquisitions
17
August 2022, Wednesday

The study aims to shed light on the question of what extent the provisions of the Turkish Code of Obligations (TCO) regulating the seller's liability for defects can be applied in share deals of a joint stock corporation; concluding that the answer is a "yes" for acquisitions where the control of the target company passes from the seller to the buyer. The study also clarifies the term ‘defect’ in company acquisitions and the legal nature of seller's representations and warranties, which are the most debated clauses of a share purchase agreement (SPA), scrutinizes the legal conditions for defect liability in share deals, and discusses the buyer's optional rights and potential claims in the case of defect liability...

Dr. Zahide Altunbaş Sancak

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Rule 41(5) of ICSID Arbitration Rules: A Venus Flytrap or A Well-Taken Step Towards Efficiency?
03
August 2022, Wednesday

The mechanism under Rule 41(5) of ICSID Arbitration Rules, an innovation for its time, has been adopted by various institutional rules. A recent dispute has brought this rule into the daylight once again, prompting a detailed insight...

Elif Kapısız

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Farmer Type Joint Stock Company
06
July 2022, Wednesday

In this book, the "Farmer Type Joint Stock Company" (FJSC) model is presented as a solution to the small and fragmented structure of agricultural enterprises, which is a structural problem in Turkish agriculture...

Att. İlkan Türküresin

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Recognition and Enforcement of Foreign Judgments Lacking Reasons under Turkish Law
15
June 2022, Wednesday

This paper, published in the June 2022 (42-1) issue of the Public and Private International Law Bulletin, studies one of the most debated issues in Turkish private international law, the recognition and enforcement of foreign judgments lacking reasons...

Assoc. Prof. Dr. Hatice Selin Pürselim; Res. Asst. Can Yöney

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The Legal Nature of Decentralized Autonomous Organizations (DAOs)
08
June 2022, Wednesday

Decentralized Autonomous Organization (DAO) is an organization that is coded through smart contracts, capable of performing various activities while it does not have a governance mechanism.

Dr. M. Fatih Cengil

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Protection of the Investor as a Consumer in Terms of Capital Market Activities
25
May 2022, Wednesday

The recent dominance of capital market activities, especially leveraged transactions, derivatives and crypto assets has increased investor losses...

Dr. Hatice Ebru Töremiş

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Protection of Consumers According to Unfair Competition Provisions
18
May 2022, Wednesday

Although the source of the provisions of the Turkish Commercial Code (TCC) regarding unfair competition is Swiss Unfair Competition Code (sUWG), there are many similarities with the German Unfair Competition Code (dUWG)...

Asst. Prof. Dr. Ufuk Tekin

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