I. INTRODUCTION (WHAT IS EVACUATION DUE TO NEED?) The words “need” and “evacuation” have entered our Turkish language from Arabic. According to the Turkish Language Association, ‘İhtiyaç’ means “need” and ‘tahliye’ means “evacuation”. With the Turkish Code of Obligations No. 6098, which entered into force on 01.07.2012, a special regulation has been made for housing…
What is Explicit Consent? The right to protect personal data is regulated as a fundamental right and freedom both internationally by Article 8 of the European Convention on Human Rights and nationally by Article 20 of the Constitution of the Republic of Turkey. The right to freely dispose of one’s own data and to determine…
1.The Development of Personal Data Protection Law In consequences of rapid advancement in information technologies, adopting a data base management approach in provision of goods and services and the rising amount of data processing activities conducted by third parties on daily basis, the necessity for a protection of personal data has deepened increasingly. (1) All…
INTRODUCTION Freedom of contract can be briefly defined as the freedom of the parties to contract as they wish. “Everyone has the freedom to work and to conclude a contract in any field they wish. Private entrepreneurs are free to establish.” according to article 48 of the Constitution of the Republic of Turkey. On the…
İntroduction Contrary to the principle of freedom of contract, which dominates the law of contracts, formal rules prevail in the law of exchange. Formal rules serve to facilitate the circulation of foreign exchange and to secure credit[1]. The elements of the bond are listed in seven paragraphs in Article 776 of Law No. 6102. These…
Introduction At incorporated companies, the main board declares its will with a decision which is formed with the majority of votes. In some situations, this can present a problem, as the majority may only seek the fulfilment of their own interests, not caring for the needs of the minority. Therefore, the rights of the majority…
INTRODUCTION As it is known, the concept of entity/person is categorized under the terms “real person” and “legal entity/person” in the Turkish legal system. The legal entity is defined as the entity which “legally binds together the property of many people and is legally treated as one person. The legal entity is able to become…
Classic Roman Law bases the sources of liability on two main pillars. One of these pillars is the contract liability, whereas the other is tort liability (liability which occurs due to unrighteous/tortious actions). Jhering, in his article which he wrote in 1861 titled “Error in Unestablished and Invalid Contracts/Culpa in Contrehendo,” tried to draw attention…
ABSTRACT Even though the matter of reckless and fraudulent bankruptcy has been referred to in the clauses no. 161 and 162 of the Turkish Penal Law No. 5237, the matter which must be clarified in the first place is the concept of bankruptcy itself. Bankruptcy means going financially bankrupt and being unable to pay debts….
The article no. 359 of the Turkish Trade Act no. 6102 has regulated the initiation of the duties of the member of the board of management under two categories; appointment and election. Appointment occurs if the initiation takes place during the formation of the prime contract, whereas the election occurs when the members of the…
