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IS EMAIL CONSIDERED AS EVIDENCE? 17 September 2021
IS EMAIL CONSIDERED AS EVIDENCE? 1. WHAT IS EVIDENCE? According to the widest definition, evidence is a track or indication which leads someone to the truth that searched for. 2. TYPES OF EVIDENCE The Code of Civil Procedure No. 6100 (“CCP”) defines the evidence within the framework of the concept of documents. According to the relevant article of the law: "Data such as written or printed text, promissory notes, drawings, plans, sketches, photographs, films, images or sound recordings, data in electronic media and similar information carriers that are suitable for proving the facts of the dispute are documents according to this Law.’’
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VALIDITY CONDITIONS OF THE ARBITRATION AGREEMENT IN TURKISH LAW 14 September 2021
VALIDITY CONDITIONS OF THE ARBITRATION AGREEMENT IN TURKISH LAW 1. INTRODUCTION Arbitration is an alternative way to the public courts. The parties may decide arbitration proceedings with their mutual assent on existing disputes or disputes that may arise between themselves. This mutual assent might be for different purposes such as saving money and time. In order to achieve these purposes, a valid arbitration agreement is needed. In this article, we will examine the validity conditions of arbitration agreement in Turkish law.
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TAXATION ON THE YOUTUBE AND SOCIAL MEDIA INCOME 09 September 2021
TAXATION ON THE YOUTUBE AND SOCIAL MEDIA INCOME 1. INTRODUCTION Many new job opportunities are emerging today because of the developments in technology and the raised involvement of social media in human life. People may gain earnings by producing content on the social media platforms such as Youtube, Linkedin, Twitch, etc. It has not been clearly understood that whether these incomes earned on social media platforms will be taxed or not and if so how they will be taxed since earning gains on social media is a relatively new business area.
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VETO RIGHT ON THE CORPORATIONS 07 September 2021
VETO RIGHT ON THE CORPORATIONS WHAT IS THE VETO RIGHT? Veto right provides the power to restrain a decision to its holder. This right might belong to the one who has the authority to decide on a relevant issue or might belong to more than one person or everyone who has an influence on making the decision. The owner of the right may prevent the given decision by using its veto right, even if all the conditions for making a decision are met.
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UNCITRAL ARBITRATION RULES 03 September 2021
UNCITRAL ARBITRATION RULES What is the arbitration? Parties might determine the alternative solutions on the dispute between themselves. Arbitration is one of those alternative solutions. In that case, parties firmly solve their dispute between themselves by the arbitrators in the arbitration instead of local courts.
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AMENDMENT OF PLEADING AND ITS CONSEQUENCES 18 June 2021
I. What is Amendment of Pleading? a) Definition of Amendment of Pleading Amendment of pleading is a procedural action regulated in the Code of Civil Procedure. By this process, the parties have the opportunity to correct a procedural action they have made during the trial. This amendment of pleading can take place in the form of a full or partial amendment of pleading. Amendment of pleading constitutes an exception to the prohibition of expanding and changing the claim and defense, which has an important place in the Turkish Procedural Law. At this point, amendment of pleading is also a precaution against the loss of rights that the parties may suffer due to the prohibition of expanding and changing the claim and defense.
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TERMINATİON OF SUBSCRIPTION AGREEMENTS AND ITS CONSEQUENCES 17 June 2021
I. General Concept of Subscription Agreements Subscription contracts ensure that the consumer receives a certain service or good on a continuous or regular basis as determined in the contract. Today, subscription agreements are mostly seen in internet, telephone and newspaper subscriptions. Subscription agreements are mainly examined within the scope of the Law on Consumer Protection and the Ordinacne on Subscription Agreements in Turkish legal legislation. The Law on Consumer Protection also adopts a definition in parallel with the above explanation. According to the the law, subscription contracts are “agreements that enable the consumer to obtain a certain good or service continuously or in regular intervals”.
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WHAT IS THE EXCLUSIVE-DEALING ARRANGEMENT AND ITS SCOPE? 11 June 2021
I. General Concept of Exclusive-dealing Arrangement An exclusive-dealing arrangement is an atypical agreement with a single seller party to sell goods produced by a manufacturer/producer in a specific geographic area. In practice, expressions such as "dealership agreement" or "distributor agreement" are also included instead of the exclusive-dealing arrangement. In this context, the exclusive-dealing arrangement is a contract between the manufacturer and the exclusive seller, which has the character of being a framework and includes the element of continuity. With this contract, the producer is obliged to send the goods that are produced to the exclusive-dealing, while the exclusive-dealer is obliged to increase the marketing level and sales of the goods in the relevant geographical regio...
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RELATIVE GROUNDS FOR REFUSAL IN TRADEMARK REGISTRATIONS 09 June 2021
General Concept of Relative Grounds for Refusal in Trademark Registrations Relative grounds for refusal in trademark registration are regulated in Article 6 of the Industrial Property Code (IPC) No. 6769. Unlike absolute refusal reasons, in trademark registration, relative refusal grounds aim to protect the interests of the owner of the brand whose trademark has been registered or requested for registration before, while absolute refusal grounds aim to protect the public interest. Unlike absolute refusal reasons, since relative refusal reasons do not aim to protect the public interest, the existence of relative refusal reasons will only be subject to examination upon the objection of the owner of the trademark. In this respect, the relative grounds of refusal are not considered among the ...
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HOW ARE THE TAX APPLICATIONS ON SHARE TRANSFERS IN JOINT STOCK AND LIMITED COMPANIES? 18 May 2021
WHAT ARE THE ISSUES TO CONSIDER ABOUT INCOME TAX ON SHARE TRANSFERS IN JOINT STOCK AND LIMITED COMPANIES? As it is known, many financial regulations have recently been introduced in order to encourage foreign capital to invest in the developing Turkish economy and thereby contribute to the country's economy. In this context, it is a known fact that domestic companies and investors operating in our country are seeking foreign capital to contribute to their economic activities. However, some difficulties are faced in the transfer of some shares of Turkish companies, which is one of the primary ways of incorporating foreign capital into the country's economy, to foreign persons or companies.
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