Özgün Law Firm

Özgün Law Firm

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SEVERANCE PAY UNDER THE PRESS LABOR LAW

The right to severance pay for members of the press is set out under the Press Labor Law Nr. 5953. Article 6 of the Law sets out the conditions under which journalists will be entitled to severance pay, but it has been partially annulled by the Constitutional Court.

EVALUATION OF THE ROLE OF MEDIATOR-ARBITRATOR IN MEDIATION-ARBITRATION (MED-ARB) CLAUSES

One of the dispute resolution methods that is formed by the combination of these different alternative dispute resolution methods is the Mediation Arbitration (Med-Arb) model, which is a combination of mediation and arbitration.

SUPERVISORY AUTHORITY OF THE MINISTRY OF TRADE OVER COMPANIES IN TURKISH LAW

The Ministry of Customs and Trade has various regulatory and supervisory powers to ensure that companies operating in Turkey carry out their operations in accordance with the applicable law. These powers stem from the Turkish Commercial Code Nr. 6102, the Company Audit Regulation and other related applicable regulations. The Ministry supervises companies' financial status, mergers and acquisitions, independent audit processes, compliance with consumer rights and unfair competition practices, starting from the establishment stage.

RESTRICTIONS ON SHARE TRANSFERS IN INCORPORATED COMPANIES BY ARTICLES OF ASSOCIATION

Restrictions are divided into two categories as those arising from the applicable law and those arising from the articles of association. The present analysis will focus on the restrictions arising from the articles of association. Restrictions may be included in the articles of association at the establishment of the company.

THE EFFECT OF PARTICIPATION IN ARBITRATION ON THE POSSIBILITY TO CHALLENGE JURISDICTION IN LIGHT OF BRODA AGRO TRADE V ALFRED C TOEPFER INTERNATIONAL

One of the foundations of arbitration proceedings is the parties' voluntary willingness to refer their disputes to alternative dispute resolution mechanisms other than domestic courts. The existence and extent of this willingness can be said to be at the heart of many arbitration disputes.

EVALUATION OF ACTS COMMITTED THROUGH ARTIFICIAL INTELLIGENCE UNDER TURKISH PENAL CODE

This article examines acts committed through artificial intelligence (AI) from the perspective of Turkish Penal Code. Since AI is not recognized as a direct perpetrator, criminal liability is primarily attributed to human actors such as developers, users, and system owners.

ACQUISITION OF TURKISH CITIZENSHIP THROUGH REAL ESTATE INVESTMENT (2024)

Turkish citizenship can be acquired in two ways in terms of time. First, Turkish citizenship can be acquired at the moment of birth. Citizenship acquired by descent refers to acquisition of the citizenship of the Turkish citizen mother or father to whom the child is bound by descent at the time of birth.

THE CONCEPT OF COUNSELING MEASURE UNDER CHILD PROTECTION LAW

Children's rights and freedoms are an integral part of the concept of human rights. The differences in the development and needs of children and the problems experienced in the current situation have led to the necessity of making child-specific regulations.

DIVISION OF JURISDICTION BETWEEN INTELLECTUAL AND INDUSTRIAL PROPERTY COURTS AND COMMERCIAL COURTS OF FIRST INSTANCE

Commercial Courts of First Instance and Civil Courts for Intellectual and Industrial Property Rights are special courts and there is a duty relationship between them. Since the rights set out under the Law on Intellectual and Artistic Works and Industry Property Law compete with the rights set out under the Turkish Code of Commerce, there are some problems in practice regarding determination of the competent court.

TYPES OF LEGAL ACTIONS THAT CAN BE FILED IN CASE OF TRADEMARK INFRINGEMENT AND ITS CONSEQUENCES

Within the scope of Article 149/1-a of the Industrial Property Law, the action for determination of infringement examines whether an act constitutes infringement of a trademark right, rather than determining the existence or non-existence of a right or legal relationship, as foreseen in the action for determination of infringement under Article 106 of the Code of Civil Procedure.

GOODWILL COMPENSATION IN FRANCHISE AGREEMENTS

The franchise agreement is a sui generis, anonymous, onerous and typical framework agreement that imposes obligations on both parties and gives rise to a continuous debt relationship. The franchise agreement is not regulated under the law and is a type of agreement that was born and developed in practice within the framework of the principle of freedom of contract.

ACQUISITION OF TURKISH CITIZENSHIP THROUGH MARRIAGE

When analyzing the citizenship law, it is seen that the concept of citizenship is expressed in different ways; it is used together with the words citizenship, nationality and the concept of dependence. Although many of these concepts are synonymous, dependence and citizenship cover different situations.