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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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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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THE USE OF FOREIGN CURRENCY LOAN BY RESIDENTS OF TURKEY WHO HAVE FOREIGN EXCHANGE INCOME 07 May 2021
Regulations on foreign and domestic use of foreign currency loans are regulated within the scope of the Capital Movement Circular ("Circular") dated 2 May 2018. The Circular has been prepared by the Central Bank of the Republic of Turkey based on Decree No. 32 on the Protection of the Value of Turkish Currency and Article 16 of the Communique on the Decision No. 32 on the Protection of the Value of Turkish Currency.
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THE USE OF FOREIGN CURRENCY LOANS FROM ABROAD BY RESIDENTS IN TURKEY WITHOUT FOREIGN EXCHANGE INCOME 05 May 2021
Regulations on foreign and domestic use of foreign currency loans are regulated within the scope of the Capital Movements Circular ("Circular") dated 2 May 2018. The Circular has been prepared by the Central Bank of the Republic of Turkey on the basis of the Decree No. 32 on the Protection of the Value of Turkish Currency and the Article 16 of the Communiqué on the Decision No. 32 on the Protection of the Value of Turkish Currency.
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SOCIAL NETWORK PROVIDER CONCEPT AND OBLIGATIONS 23 December 2020
Under the Law on Regulation of Internet Broadcasts and Prevention of Crimes Committed through Such Broadcasts ("Law"); liabilities and responsibilities of content providers, hosting providers, access providers, collective use providers and the principles and procedures regarding the fight against certain crimes committed on the internet through content, hosting and access providers are regulated. Within the scope of the Law, with the amendment made on 31.07.2020, the concept of social network providers was introduced and some obligations and sanctions were stipulated for the same. Following the entry into force of the amending provisions on 01.10.2020, the fulfillment of these obligations by the social network providers defined in the Law and the imposition of various sanctions such as adm...
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COEXISTENCE AGREEMENT UNDER TRADEMARK LAW 22 December 2020
Coexistence Agreement Agreements called "coexistence agreements" in trademark law; it is made between two or more trademark owners of the same or similar trademark, and allows trademarks to coexist peacefully without the possibility of confusion. In Turkish law, the coexistence agreement of trademarks appears within the scope of the Industrial Property Law No. 6769 ("IPL"). Accordingly, the coexistence agreement within the framework of the IPL is foreseen as consenting to the registration of the trademark application.
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MALICIOUS REGISTRATION AND SANCTIONS UNDER INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS 16 December 2020
WHAT IS THE TRADEMARK? Trademark is defined as the marks that distinguish the goods or services of an enterprise from the goods or services of other enterprises. Trademark right and protection of this right are regulated within the scope of the Industrial Property Law ("Law"). Marks that can be trademarks are specified in Article 4 of the Law. According to this the trademark can consist of all kinds of marks, words, including personal names, figures, colors, letters, numbers, sounds and the shape of the goods or their packaging. However, according to the Law, the trademark must have the conditions to distinguish the goods or services of an enterprise from the goods or services of other enterprises and to be demonstrated in the registry so that the subject of the protection provided to the...
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