ABSTRACT

The primary subject of this article consists of capacity to have rights, which is one of the most fundamental concepts of law, and the determination of the applicable law to the capacity to have rights within the scope of private international law. In the first section of the article, the approach of various jurisdictions to the natural persons’ capacity to have rights within the frame of comparative law discipline is evaluated. In this scope, the approaches towards the commencement of capacity to have rights and the events in which the capacity to have rights is restricted or expired, are analysed. Additionally, necessity of the term of capacity to have rights, and what should be the position of the capacity to have rights towards future concepts as artificial intelligence are discussed. The second section of the article also evaluates the applicable law to the natural persons’ capacity to have rights in private international law, by comparing various jurisdictions. The said evaluations are intended to be detailed by being divided into three sections as the beginning, content and expiration of the capacity to have rights. In the last section, the applicable law to names is evaluated and the issues of special capacity rules, transaction safety rule, conflit mobile and intervention of public order are examined.

ABSTRACT

This article is related to the duties of directors in public companies within the jurisdiction of two countries; namely, Turkey and the United Kingdom. Since public companies have a more important role in economic life compared to private companies, the focus is directed onto public companies hereinafter. The countries in study have only one type of company that can be held to public; Joint Stock Company in Turkey and Limited Liability Company in the UK. Having these two types of public companies as basis, this article aims to analyze duties of directors in both countries, and to find out main similarities and differences between the two countries in terms of the content of the duties.

ABSTRACT

Official gazette has an important function to establish the principle of legal security. Even though this function, probably, does not make its presence felt in our social life, it can be admitted by everyone that in societies without official gazette or with official gazette providing no legal security, a secure life for society and expectations for future will not be developed. At this point, it is crucial to assert the features of official gazette which might have an effect on establishing the principle of legal security. Issues such as legal framework, publisher, online and print publishing, up-to-dateness, continuity, orderliness, being free of charge, language, classification and content of official gazettes might be addressed the fact whether official gazettes in question provide legal security or not. There are, certainly, differences between the countries’ official gazettes stemming from social values and dynamics. However, there should be a minimum criteria in terms of establishing the principle of legal security. The crucial point is that differences do not develop under the said criteria’s level. The main objective of this article is to address this development specifically in our country without ruling out the legal system of other developed countries.

ABSTRACT

Commercial books have a great importance to follow merchant’s business. However, commercial books can be used as evidence in favor of or against the merchant under certain conditions. In this respect, the obligation to keep commercial books has a great importance for merchants and their creditors. In addition, trade books are important in terms of the tax law. the Capital market law, the company law. Radical changes were made concerning the bookkeeping system with 6102 numbered Turkish Commercial Code (6102 TCC). Capital companies subjected to external audit instead of insider audit with this law. Thus, audit of company has turned into accounting control. As regards proof of the book, a regulation has been approved the Code of Civil Procedure significantly differing from 6762 TCC

ABSTRACT

The representation relationship has a more complicated structure than other legal processes because of the three-way relationship between the legal transactions. It is a third-party relationship and transaction network represented within which the representative and the representative enter into the legal transaction relationship. Willing disabilities are a legal entity that is very important for all legal transactions and leads to their invalidity by canceling the transaction if circumstances arise. In relation to representation, the will disabilities make the legal relationship even more complex because the representation relationship is a triple relationship. The fact that the party falling to the will disability is the representative, the being represented and finally the third person are the situations that lead to different legal consequences. The purpose of this article is designated as both creating a noteworthy work on the subject of natural persons’ capacity to have rights and applicable law to natural persons’ capacity to have rights, and providing information about the regulations in various jurisdictions. In accordance with this purpose, legal persons’ capacity to have rights excluded from the scope of this article.

ABSTRACT

If Turkey and Syria will be considered nearly 90-year old history of the property issue, in terms of how both countries large and are waiting to be understood as a comprehensive solution to the problem. Historical trend of real estate issues in the Turkey-Syria agreement on the subject content of the study will be examined. Applications of both countries on Turkey-Syria estate problem is that unfolds in the study; Especially 28.05.1927 date and Law No. 1062 in Turkey and based on this law issued by cabinet decrees, will focus on the implementation of the Syrians regarding immovable. Turkey–the issues related to property issues between Syria and Turkey in the handling of administrative justice; Turkey on the issue of how to resolve conflicts in the administrative courts and Turkish How to practice with the decision of the administrative court will constitute the main elements of our work given direction. The study finally Turkey–Syria between giving place to the conven