ABSTRACT

The procedure of amendment is accepted because of the prevailing concentration principle in Turkish civil procedure law system. By using amendment procedure the parties are able to recover the errors or defects that are present in their procedural actions. For instance, the respondent may have forgotten to allege the statute of limitation in the plea. There are different opinions on the possibility of alleging the statute of limitation by an amendment. Similarly, the opinions on the possibility of alleging the statute of limitation in case no plea has been submitted also vary.

ABSTRACT

In accordance with the Universal Declaration of Animal Rights; experiments on animals entailing physical or psychological suffering violate the rights of animals. According to article 9 of the Turkish Animal Protection Code; animals cannot be used for non-scientific diagnosis, treatment or experiments. It is a principle that only medical and scientific experiments can be carried out, these will be performed in such a manner as to protect the animals and the animals to be used in these experiments will be cared for and sheltered in a suitable manner. Where there is no other option, animals can be used for testing in scientific studies. In organizations and institutions which will carry out animal testing, they will be permitted to do so by ethical committees established or to be established by them. The study will define the experiment on animal and will attempt on analysis of problem areas.

ABSTRACT

The article argues the necessity of a general theory of education law in Turkey. The education law does not only refer to the examination and interpretation of the legal rules on education. Especially, even belonging to different categories of education, it is necessary to regulate the general concepts of the whole education field on principal basis and to handle the complex problems according to these distinctive principles of this field. The education law has an inter-disciplinary understanding and in most of the cases the technical legal perspective is not adequate.

ABSTRACT

The universities have always been one of the institutions that states are interested in most. Not only in Turkey, also worldwide, all the reforms on higher education are being made after the major social events or transformations. Especially when the governments change, the first field which the new government makes reform is in generally the education field and particularly the higher education field. The university as an institution in the 21st century is starting to have a new meaning. In a lot of countries, it can be observed that, the society concept has been trimmed away from the state concept, the universities have started to be accountable to the society and therefore the universities have started to lose their legality unless they serve “the society”, the institutional future of the universities are dependent much more to the short-term policies of the current governments. The article aims to reveal that the university autonomy concept has gained a new meaning which is contrary to the real university concept like proving the hyper-reality theory and aims to discuss the changes on the structure of the university by observing the knowledge based economy on which the new structure of the university depends.

ABSTRACT

The subjection of drugs to the patent regulations led to a long-lasting debate. While having the quality of being invented, drugs are also indispensable products for human health. Drugs are granted patent protection in the Turkish Law today. This protection is adopted under the guidance of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). According to the Decree Law on the Protection of the Patent Rights (no. 551), drugs which meet the conditions for holding a patent can be subject to patent protection. Once the monopolist right granted to the holder of the patent is taken into account, there is an obligation on finding a balance between the rights of the patent holder and the right to health.

ABSTRACT

Roman law expresses the legal system adopted that the territories under domination of the Roman state, which a world empire is extending from a city state. However, the influence of the Roman law is not only restricted by the ancient period. As the validity of the Roman law is maintained all through the medieval, notably it should be noted that modern legal systems initially the institutions of private law is significantly affected by the Roman law. Many legal categories from property law to contract law that feed on from the Roman law also draw attention.

ABSTRACT

The concept of alienation in a line extending from Hegel to Marx has an important place in today’s modern philosophy debates. Phenomenon of alienation at Hegel emerges as the alienation of human to the nature or the alienation of subject to the object, and at Marx its shows up as the alienation of worker to own labour. In other words, phenomenon of alienation for Marx is a kind of obligation in the capitalistic production processes which people live. In more recent studies on the alienation this phenomenon is characterized as a social problem. It’s using as a definition of the artificial agendas creating by the hegemonic power structures and the individual’s isolation under the pressure of present economic system’s consumption patterns. The role of the law in processes of alienation is emerging as an indirect form. Nevertheless it should be note that the law is very important especially on the protecting of the dominant power structures, production processes and social relations. Primarily the law with the legal regulations which it contains is securing the continuousness of the present political and economic system and provides sustainability of the main source of alienation. Secondarily the law, which treating as an ideological state apparatus generates the alienation with creating the legal consciousness. Consequently, the law is both legitimating the present order with concealing the alienated activity and alienating the human to itself and world with the ideological character.

ABSTRACT

Noncompetition contract is a contract which the worker's undertake that will not open a business competitor or rival, will not work in a business or an interest in such a business relationship with any other, after the end of labour contract that a particular place, time and manner of work shall be limited to the type. Noncompetition contract is important in employment relationship, because on the one hand the employer's legitimate interests of the protection, but the other hand, is due to the high probability of harm the employee’s freedom of the work. For this reason, the name of the establishment of a fair balance between the two interests, noncompetition contract should be subject to certain limitations. The aim of our study to examine the provisions of the Turkish Code of Obligations regarding noncompetition contract, taking into account the differences between the previous law.

ABSTRACT

The crime of insider trading is regulated under the 47/A-1 article of the Capital Market Law. The two main elements of this crime is the information attained from inside of an organization, and the insider person who attained it. These two elements respectively constitute the material element and the committer of the crime. The purpose of this study is to discuss these two elements within the scope of the principles of criminal law. In line with this purpose, at first the inside information, then the informed insiders and the transaction prohibitions were discussed within the course of the study. Particularly primary informed insiders and the transaction prohibitions that apply to them were elaborated during the examination of the informed insiders. In this context the study was conducted by considering comparative law, and information on the cases in both Continental Europe and Anglo - American Laws were provided. Also, criminal law principles were utilized in evaluation the meaning and scope of the relative concepts as the occasion arose within the study.

ABSTRACT

Freedom of expression and freedom of press emerging as an appearance of freedom of expression and limitations of these freedoms are one of the most important factors determining whether a society is democratic or not. In this study, especially meanings of these freedoms, connection between these categories of freedom, importance of the press and freedom of the press, position of the legal regulation, beginning and ending of the limitations, appearance style of “publication bans” which is one of the mentioned limitations and affect the essence of freedom of the press, particularly during criminal investigation is analyzed together with case studies and court decisions. Within this framework, the aspect that must be considered the limitation of fundamental rights and freedoms and particularly on the need to regulation by “law” of limitation is emphasized. Afterwards, case-law of European Court of Human Rights and Supreme Courts are mentioned and it is considered what legislature must enact about some basic issues determined as a legal loophole and what legislature must amend or adaptation to the existing system of criminal procedure of some legal arrangements.