Inonu Universitesi (Books and Journals)
- Inonu University Law Review From No. 1-1, January 2010 to No. 11-1, January 2020 Inonu Universitesi, 2020
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A BRIEF EVALUATION OF CONCEPT OF 'PERSONS WHOM POLICYHOLDER OR INSURED ARERESPONSIBLE FOR THEIR ACTS' MENTIONED IN ARTICLE 1429/1 OF TURKISH COMMERCIALCODE, IN THE CONTEXT OF COMPREHENSIVE VEHICLE INSURANCE
In the Article 1429/1 of the Turkish Commercial Code, it is regulated that unless otherwiseagreed, insurer shall pay insurance indemnity, when the persons whom policyholder orinsured are responsible for their acts cause risk with their gross negligence or deliberatelyunless they aim for paying indemnity. In Turkish Law, this provision of Article 1429/1 ismostly applied to disputes related to...
- MORE THAN ONE CHATTEL TO BE PLEDGED FOR A SINGLE DEBT ACCORDING TO THE LAW REGARDING PLEDGE OF CHATTELS IN COMMERCIAL TRANSACTIONS
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THE LEGAL ASSESSMENT OF ALI HAYDAR EFENDI'S ON DEBTS CONSTANTED TO GOLD ANDSILVER MINES CANNOT BE PAYABLE WITH THE PAPER MONEY
The subject of our study, Ali Haydar Efendi’s views in the article that entitled “AboutWith Certainty The Debtor-Creditor Relationship on Gold Currency Must be Paid WithGold Payment (Gold Standard)”. In 1331 and 1332, the author dealt with the consequencesof the adoption of compulsory payment instruments in the Ottoman financial system in thepayment of debts. The execution of debt contracts...
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IN IURE AND EXTRA LEGEM GENEALOGY OF ADULTERY
Adultery, which means “illegitimate sexual intercourse”, is a regulative gender norm inthe patriarchal symbolic order. In this article, I will discuss the concept of patriarchalsymbolic order through a reference to Butler’s thesis. Butler argues that Lévi-Strauss’ andLacan’s structuralist discourse, bases on the incest law, are formulated as a universal andideal form of social/symbolic norms. The
- DISSOLUTION OF ASSOCIATION BY COURT ORDER
- NEGOTIATED AGREEMENT IN GERMAN CRIMINAL PROCEDURE LAW AS A TRIAL ACCELERATING MODEL (§257c StPO)
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THE OBLIGATION OF CARRYING OUT THE WORK OF THE CONTRACTOR
A contractor must carry out the work in person or have it carried out under their owndirection (TCO 471 III, s. 1). However TCO 471 III, s. 2 states that, if the contractor'spersonal characteristics are not important in the carrying out the work, they may have thework done by someone else. In our study, the circumstances under which the contractor isobliged to carrying out the work directly and...
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AMENDMENT OF THE LAWSUIT PETITION IN THE ACTION FOR AVOIDANCE AGAINST THE JOINTSTOCK CORPORATION
To be declared null and void of a resolution of the shareholders’ meeting, an action foravoidance shall be instituted by the shareholders, management board and members of themanagement board. The corporation shall be represented in principal by the managementboard and where the management board is bringing the action, the corporation shall berepresented by the trustee. The action brought on the...
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THE RELATIONSHIP BETWEEN THE GUARANTOR AND THE THIRD PARTY GIVING PLEDGEACCORDING TO TURKISH CODE OF OBLIGATIONS (NUMBERED 6098)
In order to secure a receivable, it is possible to conclude a bail agreement and to establisha pledge. Bail must be given by a third party other than the original debtor. However, thepledge may be given by the principal debtor or by a third party. In the event that the creditoris satisfied by the guarantor or the third party giving the pledge, the subject of the studythat is mentioned in terms of
- THE APPLICATION OF THE RETRIAL IN THE ADMINISTRATIVE JUDICIAL PROCEDURE
- COMPENSATION FOR LOSS OF REPUTATION AS A RESULT OF TRADEMARK INFRINGEMENTACCORDING TO THE INDUSTRIAL PROPERTY LAW NO:6769
- APPEAL FOR THE SAKE OF LAW IN ADMINISTRATIVE JUDICIAL PROCEDURE
- PURPOSE OF PUNISMENT IN KANT'S AND HEGEL'S PHILOSOPHY
- JUSTIFIABLE DISCRIMINATION IN THE CONTEXT OF ECHR'S DECISIONS ABOUT PREVENTIVE DETENTION
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THE NOTION OF 'SINCERITY' IN THE EMPLOYEE'S APPLICATION AND IN THE EMPLOYER'SINVITATION FOLLOWING THE JURISDICTION OF REINSTATEMENT WITH REGARD TO DECISIONSOF THE COURT OF CASSATION
As a result of the organisation of job security regulations and specifically, of reinstatementclaim in Labour Act no. 4857, in order to provide protection against unfair dismissal, theconduct of parties following the jurisdiction of the competent labour court will bedeterminant. In this context, assessment of whether the parties have behaved in accordancewith the principle of good faith, is...
- A NEW APPROACH TO THE RELATIONSHIP BETWEEN ENVIRONMENT AND HUMAN RIGHTS: INTERAMERICAN COURT OF HUMAN RIGHTS ADVISORY OPINION OC-23/17
- INTERNET SALES BANS IN SELECTIVE DISTRIBUTION SYSTEMS IN THE LIGHT OF EUROPEAN UNION CASE LAW
- AUTOBIOGRAPHY
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THE RANK OF PRESIDENTIAL DECREES IN HIERARCHY OF NORMS AND CRITERIUM OF MATÉRIEL CONTENT IN JUDICIAL REVIEW
The idea of a pyramid or hierarchy of norms, which states that norms can be establishedbetween norms in such a way that all norms in a law order are not of equal value and thatthey have a hierarchical relationship with each other, are an extension of the positivistunderstanding of law. The norm of presidential decree that given to the president forrepresenting the executive is becoming more and...
- RECTIFICATION: THE DRAFT 'CONVENTION ON CROSS-BORDER ENFORCEMENT OF INTERNATIONAL MEDIATED SETTLEMENT AGREEMENTS
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AN ANALYSIS OF BURQA BANS IN EUROPE
Everyone is entitled to the freedom of thought, religion and consciousness. Exposing one’sreligious belief is also protected within this scope. This right has an internal sphere as wellas an external sphere that can be the subject of state violation. While exposing theirreligious beliefs, people can use religious symbols and wear religious clothes. However,for some purposes, states can restrict...
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'DEFTERDARLIK' AT THE OTTOMAN EMPIRE AND IT'S IMPACTS TO TODAY
Financial authority of Ottoman Empire which is called as “Defterdarlik” that hasmagnificent importance and contrubition on unprecedentedly long-term ruling, has beenexamined on that article. Defterdarlik which may be resembling ministry of finance havebeen keeping a list of financial assets of Empire and controlling revenue collection thatprovides financial sovereignty to state. Ottoman Empire’s...
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EQUALITY OF WOMEN AND MEN IN THE USE OF PUBLIC SERVICES
According to the principle of constitutional state, public service should be presentedequally to everyone. This is the result of “the equality before the law” principle in Article10 of the Constitution. Everyone is equal in access to public service. As to “right to enterpublic service” in Article 70 of the Constitution, no criteria other than the qualificationsfor the office concerned shall be...
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IN ACCORDANCE WITH LABOUR LAW NO.4857 RECEIVING THE DEFENSE OF THE WORKERS ON THE TERMINATION OF THE LABOR CONTRACT
One of the main aims of labour law is to take measures to ensure the continuity of theworking relationship between the worker and the employer. Prior to the termination of theemployment contract, granting the right of defence would allow the worker to learn aboutthe allegations against him/her. The nature of the defence to be made by the worker wholearns the claims that may be the cause of...
- AN ANALYSIS OF H.L.A HART'S 'DISCRETION'
- PROOF WITH OFFICIAL REGISTRATION AND BILLS
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THE RIGHT OF REPURCHASE ON IMMOVABLE PROPERTY
The right of repurchase in private law is a formative right providing the owner of an assetsold with the option to repurchase under particular conditions for a certain price byunilateral declaration of will. This is of particular importance for immovable assets underTurkish law. The right of repurchase often arises from a contract and can be stipulatedwithin or as a side contract to a sale...
- THE CONTRACT OF SHARING OF THE INHERITANCE AND ITS APPROPRIATENESS TO THE MEDIATION
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THE FORMS REFLECTED PRESENT OF THE PROBLEMS ARISING FROM THE LAND SYSTEM AND PROPERTY IN OLD WAQFS: CONCESSION FEE
Those which are represented and administered by the Directorate General of Foundationsof the waqfs that were established before the adoption of the Civil Law numbered 743 arecalled mazbut waqfs. As waqfs can be created by not only donating the lands that aredeemed as property and the income obtained from them to the foundation for the benefitof humanity and but also they could be established by...
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The Evaluation of Article of Turkish Commercial Code related to the Representative Authority of Agents of Foreign Merchants in A Case From The Aspect of Private International Law
Article 105/2 of Turkish Commercial Code authorizes agents to represent their clients ina case as a reflection of the authority of representation arising from the law. Accordingly,agents can file a lawsuit against the contractual counterparty in respect of disputes arisingfrom contracts concluded or mediated on behalf of the client. Likewise, persons who areparties to such contracts can file a...