ARTICLES

REGULATION ON AMENDING THE REGULATION ON TRADE OF SECOND HAND MOTOR LAND VEHICLES

The Regulation Amending the Regulation on the Trade of Second Hand Motor Vehicles entered into force in the Official Gazette numbered 31214 on 05.08.2020. In this context, it is necessary to examine the important issues that have been changed due to the importance of these practices for many companies. Within the scope of the Regulation on the Trade of Second Hand Motor Vehicles, Article 2/1; "This Regulation; second hand motor vehicle trade activities of real or legal person traders, tradesmen and craftsmen, the procedures and principles regarding the issuance, renewal and cancellation of the authorization certificate, the obligations of the enterprises engaged in the second hand...
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The Legal Aspects Of COVID-19

COVID-19, was born in Wuhan, China and spreading all over the World, continues to affect our lives significantly. Especially with the deterioration of the economy, the effects in the field of law are increasing day by day. We watch important changes in every branch of law, especially and notably in commercial law. On the one hand, we can say that it affected the criminal law with the amendment made to the execution law, and on the other hand it affected the family law with the increase of the divorce rates due to quarantine. Furthermore, "the New Normal" is the concept we began to hear often. So what is this "New Normal"? How do we expect its impact on the area of law? ...
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Legal Basis of Overbooking in Airline Transport

1. What is Overbooking?  Overbooking is not just air transport; entertainment sector, tourism sector and other sectors where participant individual factor is the most important profit factor in terms of commercial activity. Accordingly, firms determine the number of possible cancellations for their next activity based on the statistical data acquired in past organizations and activities, and add the number of possible cancellations to the maximum number of people who can participate in an event, specifying the total number of tickets (or another document of ownership). presents. In this way, it tries to minimize the possibility of loss as a result of possible cancellations and refund...
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Mandatory Vaccination and Parents Legal Liability in Turkish Law

1- VACCINATION AND LEGAL INFRASTRUCTURE  The aim of vaccination activity is not just to protect individuals from diseases one by one, it’s actually to provide community immunity. In this context, the law generally provides for 2 types of vaccination: mandatory and optional. Mandatory vaccination is not available in Turkey, it’s devoid of legal basis. This activity is carried out by obtaining permission from parents, based on mandate and authority are given to the governments by the mandatory and general provisions of law. For example, Article 56 of the Constitution stipulates that “Everyone has the right to live in a healthy and balanced environment.”. From th...
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Artificial Intelligence and Law

The Place and Development of Artificial Intelligence in Law  Human beings have tried to carry forward the technology continuously and perform various missions in the best way. Although many countries have succeeded in establishing the technological infrastructure, what will bring states forward is to reduce manpower by producing artificial intelligence, the golden era of the technological age. Technology is coming up with a new development day by day. However, although these developments take place in the field of Law, which is a positive science, the lawyers are concerned about the protection of personal data; sometimes it makes people curious in terms of the shrinkage of the bus...
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Applicable Law to E-Comerce Business Models

1- Definition and Market Share of E-Commerce  E-Commerce is defined in Law 6563 on the Regulation of E-Commerce, Art.2 as “All kinds of online economic and commercial activities carried out electronically without physically contact”. Rapidly developing technology and the global market that this technology opens to trade is constantly growing. With a market share of $ 1.3 trillion worldwide in 2014, e-commerce became $ 2.8 trillion in 2018; expectations are to reach 3.9 trillion dollars by 2021. Meanwhile, Turkey's e-commerce is one of the countries that grow very fast. In fact, the e-commerce market share, which was only 14 billion TL in 2013, increased to 42.2 bil...
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Differences Between Contract of Guaranty and Contract of Surety

Contract of Surety: Surety is a contract that a third party undertakes to be personally liable to the debtor if the debtor fails to pay the debt. The guarantor is committed against the creditor to repay the debt of a third party (debtor). For this reason, a tripartite relationship emerges in the bail agreement. However, the principal borrower is not a party to the guarantee. As a rule, the guarantor must be a third party other than the creditor or debtor. Contract of Guaranty: ‘The warranty contract is the contract in which the guarantor undertakes to take upon himself a certain economic risk that the guarantor is facing in such a way that he is independently liable’. As can b...
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Severance Pay Fund

The severance pay fund has been frequently expressed by the executive body in recent years. However, it could not be put into practice due to the reactions coming from the workers' front. The interest of the sector subject to the Labor Law was gathered at this point when it came to the agenda that there was work to create the severance pay fund. Who will affect the severance pay regulation?  The employees subject to the Labor Law No. 4857, the employees who are subject to the Law No. 5953 on the Arrangement of Relations between Employees and Employees in the Press Profession, and those subject to the Maritime Labor Law No. 854 may be affected by this regulation. Severance P...
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Releations and Resposibilities Between Manager & Client

Abstract: In this article, how a good manager should be in line with our experience and the legal validity of the irresponsibility clauses in the manager-client contracts were examined. The French word “Manager” is defined in TDK(Turkish Language Institution) as “The person who regulates and manages the professional work of an athlete or an artist.” Nowadays, managers are also involved in the daily lives of athletes and artists in addition to their professional lives, they also organize and manage their daily work. In our opinion, the reason for this can be shown that the daily life of athletes and artists affects their professional lives. The main tasks o...
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Psyholohical Harassment in The Workplace; Mobbing

1.Description of Mobbing: The aim is to intimidate, passivate, cool off, not to do or to dismiss the work carried out by one or more persons in the workplaces for the other person or persons; harms the personal values, professional status, social relationships or health of the victim or victims; malicious, deliberate, negative attitudes and behaviors. Mobbing, as well as people of the same level and can do against each other, especially; it is very common in hierarchical groups and in workplaces where the strong-weak distinction can be made clearly. 2. Cause of Mobbing There are many factors that are responsible for the emergence of mobbing. Especially in today's increasing unem...
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Blockchain Law

Abstract. What is Blockchain is a distributed database in which block chain information is recorded in blocks, in combination with encryption algorithms. Blockchain is a technology that can be traced, but not broken, built with a chained model. Blockchain technology, which has entered our lives with bitcoin, enables us to operate without a center. Transactions are provided directly between the buyer and the seller with this technology. In this sense, it would not be wrong to say that Blockchain ensures that transactions are done in privacy and security. What is Blockchain Technology? The first feature of Blockchain technology is that it introduced distributed architecture as an a...
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Digital Asset And Digital Herigate

Rapidly developing technology brings benefits to our lives and brings along many legal problems. One of the technological developments is the reflection of the social media; has become an indispensable part of our lives. In fact, it is a matter of fact that some people have started to make financial gains through social media platforms. All these technological developments have revealed the concepts of digital asset and digital heritage; but these concepts do not have a very widespread use of our law, there are no legal regulations in Turkish Laws. However, there is no adequate examination in the doctrine. Unlike our country, in some other countries, digital assets and digital heritage conce...
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The Pos (Point of Sale) Usury

One of the types of crime created by the developing technology is “ The Pos Usury”. The usury which is regulated under the article 241 of Turkish Penal Code as one of the crimes, is considered as a serious fact for both the society and the state. In the Turkish Penal Code no. 5237, Article 241 of the crimes against society, usury: “A person who lends money to someone else to earn earnings is sentenced to imprisonment for two to five years and to a fine of up to five thousand days un.” arranged in the form of. Usury crime is now being handled by new methods along with developing technology. Since providing immediate risk free interest plays a major role in the POS usur...
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The Crime of Internet Fraud

With the development of technology, there is an increase in fraud methods using information systems. Using information systems fraud known as the crime of internet fraud in colloquially, is a aggravated fraud. According to the Turkish Criminal Law (TCK), fraud is the act of cheating a person with fraudulent behavior and benefiting him / herself or the benefit of himself or others. It is the name given to the situation of fraudulent crimes, more aggravated. Qualified frauds are counted one by one in the law. One of these is the method that fraud by using information systems. According to the Turkish Criminal Law, the crimes that we call internet fraud are one of the aggravated Fraud method...
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In The Light Of The GDPR and Personal Data Protection Act

What is GDPR? The European Union Data Protection Regulation (GDPR) entered into 25 May 2018. In GDPR, the user is defined as ‘’relavent person’’. You, me and everyone, we're the owners of our personal data. In the previous privacy guidelines, the primary purpose was the business or the business itself that processed the personal data. Through these guidelines, rules were set up, such as how much personal data should be kept and what to do with these data. The main thing in GDPR is that the direct user himself / herself has been drawn with a certain line which will have the rights of his personal data. It has become an important necessity to get support...
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Mergers and Acquisitions in Turkey

Mergers and Acquisitions (“M&A”) is defined as the combining of two or more companies or buying-selling or dividing of two or more companies as a part of corporate finance in order to grow rapidly in business field of activity. Pursuant to the TCC, Companies can be merged in two different ways: Acquisition of a company by another company, technically called “merger by acquisition” or Union of two companies under a new company, technically called “merger by formation of a new company”. According to Article 136 of the Turkish Commercial Code 6102; the merger takes place when the acquiring company shares are acquired spontaneously by the s...
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Some Legal Regulations on Foreigners

Some Related Codes: Passport Law Settlement Law Law on Work Permits of Foreigners The Law of Fees Foreign Direct Investment Law Turkish Citizenship Law International Labor Law Residence and Work Permit: Work and residence permit in Turkey, an important issue in terms of foreign employees of companies that be in service in Turkey. According to the International Labor Law, people who have a foreign status are not allowed to work or be employed without a work permit. The Ministry of Labor and Social Security is authorized for getting work permits. In Turkey, it is a required that foreigners should obtain a residence permit if they would like to remain for more than ...
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Amendments in Articles of Association in Joint-Stock Companies

The amendment of the Articles of Association requires that amendments to the articles of incorporation or the addition of new provisions or the complete, partial removal of existing provisions are made. The need for change can also be caused by legal necessity. Procedure to Follow For Amendments The issue of amendment of the Artıcles of Association is regulated in articles 452 -475 Of the Turkish Commercial Code. As a matter of principle, it is possible to change all the provisions of the Artıcles of Association by complying with the conditions stipulated in its law, provided that it does not prejudice the acquired and indispensable rights. The Board of Directors will first pr...
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Dissolution Reasons of Joint-Stock Company

A joint stock company is a company whose capital fixed and divided into shares. (TCC a.329). Joint stock companies may be incorporated for all kinds of economics purposes and scopes but may not be for unlawful purposes. (TCC a.331).The dissolution of joint stock company is the result of the some process Just as joint stock company exists. The companies dissolution constitutes the first phase of the company's disapperance. Joint-stock companies ending may through two way; withdrawal and dissolution. Dissolution means self-disapperance. But this word's means in joint stock company is that it is the end of the company's activities without any decision or notice. In order to the d...
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The Place of The Insurance Companies in Turkish Legislation

When we look at the general plan of insurance in the world, it is seen that the companies are in the insurance area are two kinds. One of them is limited partnerships in which the capital is divided into shares and the other one is joint stock companies but we can accept that the limited partnerships in which the capital is divided into shares is much more rare. In our old insurance legislation (No. 1149 act on the inspection and control of the insurance and the insurance company) had been accepted insurance can have done by only the limited partnerships in which the capital is divided into shares. (m.1) The act no. 7397 has accepted that only joint stock companies is suitable for the pro...
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