Inonu University Law Review

Publisher:
Inonu Universitesi
Publication date:
2020-11-04
ISBN:
2146-1082

Latest documents

  • 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 compehensive vehicle insurance. However, conceptof person whom policyholder or insured are responsible for his act which is mentioned inthis Article hasn’t got a common content and scope that agreed on. Thus, both the doctrineand the Supreme Court have given different meanings to the concept. Since, it has theauthority to finalize a dispute before the law, interpretation and practice of the SupremeCourt on subject comes to the forefront. But when the decisions taken are evaluated, it isseen that sufficient and reasonable criteria and reasons cannot be established by theSupreme Court. In this regard, in the study, it has been tried to interpret concept of personwhom policyholder or insured are responsiple for his act and bring somerecommendations, considering purpose of Article 1429/1.

  • MORE THAN ONE CHATTEL TO BE PLEDGED FOR A SINGLE DEBT ACCORDING TO THE LAW REGARDING PLEDGE OF CHATTELS IN COMMERCIAL TRANSACTIONS
  • 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 concluded on gold before the Law hadto be made with paper-money after the law arrangements. One of the aforementioned laws,31 October 1915 dated “The Law of Money-equivalent Documents” and the other, 8 April1916 dated “Law on Unity of Metalic Moneys”. However, in contracts, if the subject ofthe debt is metals of its own value, such as gold or silver, it is also important to pay thesame for creditor. The debtor prefers paper money in paying his debt. Ali Haydar Efendiproposed a solution to the confusion arising from the debts which were established beforethe Law but which will be paid after it. The problem is basically whether the debt to befulfilled in debt contracts before the entry into force of the regulations is to be paid in goldor in paper.

  • 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 common point of this universal structure is thatthere is no room for an equal and autonomous female subject. In other words, the femalesubject has a subsidiary position in the patriarchal symbolic order. I will explain that thepatriarchal symbolic order norms and the social/symbolic meaning of adultery internallyand externally affect the legal norms and interpretations through acts of violence. I willcritically debate on legal norms and interpretations of adultery by analyzing Cover'sconcepts of “legal violence” and Fricker’s “epistemic injustice” by briefly mentioning thehistory of adultery in common-law. In Turkey, adultery is regulated as a specific reasonfor divorce in the Civil Code. Thus, it is necessary to argue on the ways of interactionbetween the legal violence and the jurisprudence on adultery in Turkey. I will try to putforward the ways of interpretation of judicial decisions in the fault-based divorce processand subjection of women to legal violence by examining Turkish Family Court’s andSupreme Court’s precedents on adultery. While determining the amount of thecompensation and the share of intra-marital acquisitions in divorce cases, the SupremeCourt firmly considers adultery of the wife as a gross fault, even more than domesticviolence of the husband.

  • DISSOLUTION OF ASSOCIATION BY COURT ORDER
  • NEGOTIATED AGREEMENT IN GERMAN CRIMINAL PROCEDURE LAW AS A TRIAL ACCELERATING MODEL (§257c StPO)
  • 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 in which cases they can have the work doneunder his own direction are examined. Also the conditions of transferring of the carryingout the work to the subcontractors are evaluated. Besides in cases where the contractor isrequired to carrying out the work directly, the results of using a subsidiary person arediscussed. Within the framework of this legal relationship, the legal ways has beeninvestigated that the owner can apply in case of the main contractor is not authorized touse the subcontractor. In addition, in cases where the main contractor transfers the carryingout the work to the subcontractor without the authorization, the liability of thesubcontractor for the damage caused by the actions of the subcontractor and in cases wherethe main contractor transfers the carrying out the work to the subcontractor with theauthorization, the liability of the main contractor for the damage caused by the actions ofthe subcontractor are examined

  • 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 ground that a resolution of theshareholders’ meeting is against the law or articles of the Joint-Stock Corporation. Theaction must be brought within three months of the resolution having been adopted. Thelawsuit petition of the action for avoidance based on two essential elements which may beexpanded and/or altered by the claimant in the litigation process. One of these is thesubject-matter of the action which indicates a resolution of the shareholders’ meeting mustbe declared null and void. The other one constitutes the cause of the action consisting offacts. The request of the claimant for expansion and/or amendment of the subject-matterand/or cause of action shall be carried out by the amendment of petition under the Code ofTurkish Civil Procedure.

  • 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 payment, the guarantor and the third person giving pledgecan be recourse to each other. Unlike the Code of Obligations (Numbered 818) on thesubject, the Turkish Code of Obligations (Numbered 6098) article 596 has specialprovisions. In the second paragraph of the said provision (the Turkish Code of Obligations(Numbered 6098) article 596), as a rule, it is arranged that the guarantor satisfying thecreditor may apply to the pledge rights granted by the third party before the establishmentof the bail contract or at the latest at the time of the establishment of the contract. In thefourth paragraph of the said provision (the Turkish Code of Obligations (Numbered 6098)article 596), as a rule, it is arranged that the third person who pledges may apply to theguarantor before the establishment of the pledge rights. On this subject arrangements arealso made in the Turkish Code of Obligations (Numbered 6098) article 127 and the TurkishCivil Code (Numbered 4721) article 884. But since the Turkish Code of Obligations(Numbered 6098) article 596 is a more specific regulation, it should be applied first whenthe dispute occurs.

  • THE APPLICATION OF THE RETRIAL IN THE ADMINISTRATIVE JUDICIAL PROCEDURE

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