1. INTRODUCTION The International Labor Organization (ILO) Convention No. 155 on Occupational Health and Safety and the Working Environment dated 03.06.1981 was approved and ratified by the Turkish Grand National Assembly (TBMM) on 07.01.2004 with Law No. 5038, but entered into force on 22.04.2005. While the Republic of Turkey was still a party to Convention…
INTRODUCTION When the history of the crime of embezzlement is considered, it is feasible to discuss a process that dates back to the Roman Empire. The fact that the stolen goods belonged to the government or God was a requirement for the crime of embezzlement, which was then seen as a form of theft. In…
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…
1. DEFINITION OF BARTER CONTRACT While it was regulated as a barter contract in the abrogated Code of Obligations No. 818, the Code of Obligations No. 6098, which entered into force later, changed the barter contract to a contract for the exchange of goods. The reason for this change is not explained in the preamble…
HISTORY FOB (Free On Board), which is widely used even today, first found its place in the jurisprudence of the English Courts in 1812. In 1916, CIF (Delivery by leaving the ship’s railing at the port of arrival with the Costs, Insurance and Freight paid) found its place in the jurisprudence. However, the forms of…
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…
INTRODUCTION The Incorporated Companies, which bring small capitals together under financial, commercial and industrial institutions and which always have had an important role in economy, are among the most important economic institutions. The main relations related to incorporated companies, which have many social and economic functions, are found in the Turkish Trade Act. No. 6102….
Concerning companies with more than one partner, the beginning of negotiations between the future partners, who have gathered with the intention of establishing a company, is defined as the preparation phase of the contract. If the intention of establishing the company is advanced by the partners by the promise of the payment of all of…
