Introduction to Law
KolektifIntroduction to Law Gönderileri
Introduction to Law kitaplarını, Introduction to Law sözleri ve alıntılarını, Introduction to Law yazarlarını, Introduction to Law yorumları ve incelemelerini 1000Kitap'ta bulabilirsiniz.
A joint stock corporation must have the following three organs to function:
i. Shareholders General Assembly : General Assembly is the decision making organ of a joint stock company where each shareholder has the right and duty to participate and vote either personally or through a proxy. The general assembly meets regularly at least once a
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The types of companies listed in the TCC may be grouped as corporate and non-corporate forms of companies.
a. Corporate forms of companies
•Joint Stock Company
•Limited Liability Company
•Cooperative Company (Cooperatives)
b. Non-corporate forms of companies
•Collective Company
•Commandite Company
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Turkish Commercial Law is composed of six books each of which regulate specific areas in the law :
•Book 1: (Articles 1 – 123) on Commercial Enterprise: regulates matters related to commercial business such as consequences and liabilities of a commercial enterprise, types of merchants and acting merchants, bankruptcy, trade registry, interest
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COMPOSITION AGREEMENTS (KONKORDATO)
If a debtor becomes insolvent, in order to avoid or escape bankruptcy, she may resort to composition agreements. Even if the debtor is not eligible for bankruptcy, she may resort to composition agreement. Composition agreements are debt restructuring agreements between the debtor and her creditors. However
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Bankruptcy is the most important and basic type of collective enforcement measures. Bankruptcy means the complete exhaustion of assets and therefore represents liquidation as a whole.
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Pledges (rehin) and mortgages (ipotek) are credit devices that secure a payment by binding a credit to movable or real property.
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Provisional attachment is a special type of provisional relief set by the CCEB. It is very similar to the provisional remedy designated by the Code of Civil Procedure. The essential difference between the two is their subject-matters. If a creditor is owed a due monetary credit that is not secured with a pledge, she may apply to the court for provisional attachment (art. 257).
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PAYMENT OR APPORTIONMENT AND INSOLVENCY CERTIFICATE (BORÇ ÖDEMEDEN ACİZ BELGESİ)
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As it is the case with litigation, individual enforcement procedures must involve two parties. The party seeking the State’s assistance is called the creditor (alacaklı), while the party against whom the procedure is started is called the debtor (borçlu). These terms are procedural and formal terms, i.e. even if the debtor is not really in debt to the creditor, for the sake of the pending procedure, she is still referred to as the debtor.
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Compulsory enforcement law in general comprises of two major parts. While first part of the discipline deals with individual debt recovery and is called individual enforcement, the latter deals with the creditors and assets of a debtor as a whole and is appropriately called collective enforcement. If a debtor fails to perform her debt, the creditor must refer to the State to retrieve what she is owed, since one cannot use force or any other illegal means to retrieve a credit personally. The State, in return, must comply with this request, since it is its duty according to the Constitution, and compel the debtor to perform, hence the name compulsory enforcement.
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Alternative dispute resolution methods are means for the parties of the dispute to resolve the dispute among them rather than resorting to litigation mostly involving a neutral and independent third party. There are a number of institutional ADR methods implemented in civil procedure. ADR methods in currently implemented in Turkey may be divided into two broad categories, which are conciliation (uzlaştırma) and mediation (arabuluculuk).
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Arbitration (tahkim) is a dispute resolution method in which the parties choose the arbitrator (or the arbitrators) and the procedure to be followed. Otherwise, arbitration is similar to litigation in courts as both methods determine which party is right and both render binding final decisions.
The scope of the rules of arbitration in the CoCP are limited to disputes that do not involve any foreign element as defined by the Code of International Arbitration, for which the seat of arbitration is determined as Turkey (art. 407). Disputes arising from rights attached to real property and matters on which the parties may not freely act are not eligible for arbitration (art. 408). Most of the provisions regarding arbitration are not mandatory. However, there are some mandatory provisions regarding which the parties may not agree otherwise. For instance, according to article 423, the parties share equal rights and powers in arbitration proceedings. This principle must be applied by the arbitrator or the arbitral tribunal regardless of how the parties approach the matter. It also needs to be noted that, provisions of the CoCP other than the ones regarding arbitration are not applicable in arbitration proceedings, unless otherwise stated by the Statute (art. 444).
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Since the court of first instance may err, a means of review must be present in order to comply with the right to a fair trial. The two most important appellate remedies in Turkish civil litigation are istinaf and temyiz. İstinaf (intermediate appeal) is the appellate remedy to be applied against the decisions of the first instance courts, while temyiz (appeal) is the remedy to be applied against the decisions of the circuit courts of appeals.
Appellate remedies are generally divided into two categories: ordinary appellate remedies and extra-ordinary appellate remedies.
Ordinary appellate remedies are the remedies to be exhausted before a decision becomes unappealable. Intermediate appeal and appeal are the ordinary appellate remedies.
Extra-ordinary appellate remedies, on the other hand, are the remedies that may be applied after the decision becomes unappealable; therefore, they remove res judicata. There is only one real extra-ordinary appellate remedy in civil litigation: the renewal of proceedings (yargılamanın iadesi).
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Provisional legal relief is any kind of temporary relief, which may be granted by the court before or during the litigation or the proceedings, regarding the subject matter of the dispute.
Three types of provisional legal reliefs are more common than others. They are; provisional remedy, provisional attachment and preliminary discovery of evidence.
Provisional remedy is the general provision to be resorted to when a provisional relief is needed and no other type of temporary relief is designated by any statutory provision regarding the matter. Provisional remedy may be granted to serve one of three purposes: performance (e.g. provisional alimony), protection (e.g. surrendering the subject matter to a trustee) or a temporary constructive measure (e.g. granting the custody of a child to a parent in divorce actions).
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According to articles 307 and 308 of the CoCP, waiver (feragat) is the plaintiff’s partial or complete abandonment of the demand that she has claimed, while acknowledgement (kabul) is the defendant’s partial or complete consent to the demand of the plaintiff. Unlike waiver, acknowledgment produces legal consequences only in actions on which the parties may freely act. Waiver and acknowledgment may be carried out at any time until the judgment becomes unappealable.
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