ABSTRACT

The restorative justice constitutes one of new approaches and developments in the criminal justice system. The Turkish legal system has also been affected from the stated develepment. Just as, provisions concerning the reconciliation regulated in the Art 73/8 of the Turkish Criminal Code (subsequently annulled) and Art. 253-255 of the Criminal Procedure Code can bee seen as an effect of restorative justice. In this context, this article examines the principle of not affecting in the reconciliation, stated in the Art. 255 of Turkish Criminal Procedure Code. When examining together with other provisions concerning the reconciliation, this provision gives the victim, in an indirect way, the authority to choose the person in trial. From this point of view, provisions concerning the reconciliation have to be re-examined.

ABSTRACT

Attorneys are persons who dedicate their legal knowledge and experiences to the regulation of legal relations and settlement of disputes in accordance with law and justice for the benefit of society. Attorneys, who are considered to be public servants as a result of this, have to be vocationally trained very well and have to practise their professions diligently. Attorneys are not ordinary agents; the profession they practise is subject to a license and necessitates a specific expertise. Therefore, determination of the attorney’s duty of prudence has to be based upon an objective but not a subjective criterion.

ABSTRACT

Referring to Article 122 of Turkish Commercial Code (hereinafter referred as TCC) which is going to go in effect on July 01, 2012, the request for adjustment and the agreement for the prohibition of competition in Article 122 of TCC was resolved. Thus, the relationship between Article 122 of TCC for the adjustments to be made and Article 123 concerning the agreement of prohibition of competition included in Section 7 of Volume 1 TCC is first discussed. This study reviews whether the persons, although not agencies, but subject to the terms of agencies are to benefit from requests for adjustments and prohibition from competition. Our study will analyze in depth the contents of the Article 103(1) of TCC, Article 122 arranging the claims for adjustments for cases listed in Article 103(1) and Article 123 for the agreement to be concluded for prohibition from competition.

ABSTRACT

The New Turkish Commercial Code, for the first time in Turkish law, regulates the group companies. The new code, which is going to enter into force in July 2012, in terms of related regulations is substantially modeled on the German group companies law (Konzernrecht – mostly regulated in German Stock Corporation Act) and the European Law on corporate groups. However, novel solutions such as the liability due to Breach of trust are also introduced. The new regulations aim to resolve the conflict of interest between the mother company on one hand, and outside shareholders and creditors of the daughter company, on the other. The dominant characteristic of the regulations and the established systems is their explicit purpose to protect the weakens (such as daughter company, outside shareholders and creditors) with in a corporate group. The protection system is supported by disclosure and reporting requirements.

ABSTRACT

In the National Programmes of 2003 and 2008, Turkey claimed its willingness for harmonization with EU acquits in the field of alternative dispute resolution. In this regard, Turkish Draft Law on Mediation of Civil Disputes was completed in 2008 and as of today it has been waiting before Turkish Parliament for enactment. In brief, Draft Law regulates mediation process in the resolution of civil disputes and meditation profession. The Article aims to examine Draft Law and parallel regulations in United Kingdom, in a comparative way. Part I focuses on mediation process and asserts that there are differences between these two states concerning the methods and the scope of regulations, their effects’ on the promotion of mediation and factors affecting these processes. Part II examines the regulation for professional activities of mediators and the differences between states regarding the conditions for acceptance into profession.

ABSTRACT

According to the rapid development of the Internet, domain names gain a significant and remarkable role. The issues related to domain names are solved in orbit of WIPO, ICANN, UDRP and systems impressed by them. None of these systems include the exact definion of ‘Bad Faith’, only some examples of bad faith are given. This study aims to clarify the term of bad faith under the UDRP system. Additionally, the conditions under the URDP system to decide on bad faith are examined critically. Domain names are already have a fundamental economic value and it has been considered that, this importance will keep on improving increasingly.