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WHAT ARE THE EFFECTS OF THE CORONAVIRUS EXPECT ON THE INTERNATIONAL TRADE FIELD AND THE RESULTS THAT MAY CONTAIN? 9 April 2020
While Covid-19, which is a new type of corona virus outbreak announced as a pandemic, shows its effect all over the world and in our country, it is foreseen that the economic parameters will change significantly with the measures introduced in many areas and the changes that occur with these measures. Accordingly, there are debates about what kind of order awaits humanity in the following process.
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IS THE NEW TYPE OF CORONAVIRUS EFFECTING ON CONCORDAT PROCESSES? 7 April 2020
Within the scope of the measures taken to prevent the new type of corona virus epidemic, some arrangements have been introduced regarding the procedures arising from the enforcement law. The basis of these regulations is the Article 330 of the Execution and Bankruptcy Law No. 2004 ("EBL"). Pursuant to the relevant article, it was regulated that "In case of an epidemic disease, a common misfortune or a war, enforcement proceedings may be suspended for a certain period of time in a certain part of the country or in favor of certain economic zones."
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THE IMPACT OF THE COVID-19 EPIDEMIC ON LEASE AGREEMENTS 2 April 2020
The Covid-19 epidemic, which started to take effect in our country, continues to be effective in all aspects of the economy in addition to its effects in the field of health. Within the content of the measures taken in this regard, with the Circular dated 16.03.2020, issued by the Ministry of Internal Affairs; the activities of the theater, cinema, show center, concert hall, cafeteria and all kinds of indoor playgrounds, tea garden, SPA and sports centers have been temporarily stopped.
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Is It Possible For Contracts To Be Adapted Due To The Novel Coronavirus Outbreak? 31 March 2020
After the fast and unexpected spread of the novel coronavirus worldwide, the whole world countries started to take precautions as quarantine, state of emergency in order to prevent the outbreak. Considering the global extent of the economy, it can be seen that the sweep of the outbreak and the precautions taken correspondingly, have affected the business life negatively in all world countries.
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Does Corona Virus Constitute A Force Majeure Event Under Contracts Law? If It Is Deemed To Be Force Majeure, What Will Be The Consequences? 25 March 2020
New type Coronavirus emerged for the first time in China’s Wuhan city in December of 2019, Covid-19, was classified as pandemic (outbreak) by World Health Organization as of the date of 12.03.2020.
The virus in question’s effect on almost every country on the face of the earth and its speed of spread; has caused for precautions to be taken in some countries such as declaration of state of emergency, closure of the borders, declaration of curfew and the business and economic life has been affected considerably due to the said precautions.
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Is the Penal Clause Applicable Regarding the Termination of the Employment Contracts Which Are Deemed to Be Indefinite Termed for Not Fulfilling the Objective Conditions? 17 March 2020
According to Article 11/1 of the Labor Law No. 4857 (“Labor Law”), the contract is deemed to have an indefinite period, if the employment relationship is not established for a fixed term. Whether an employment contract is indefinite termed or not, has importance in case of an indemnity due to termination, benefiting from job security provisions and initiation of a reemployment lawsuit. Article 19 of the Labor Law explicitly mentions termination of an indefinite term employment contract among the conditions for benefiting job security and therefore; it is clear that the employee who is working under a fixed term employment contract, cannot benefit from the provisions of the job security and correspondingly, the right to file a reemployment lawsuit. Likewise, fixed term contract can be used ...
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Notification, Registration and Announcement Liability Under Article 198 of Turkish Commercial Law 12 February 2020
GENERAL INFORMATION REGARDING THE GROUP OF COMPANIES Although it was not regulated in the former Turkish Commercial Code no. 6762, the concept of the group of companies that appeared in practice was regulated with Turkish Commercial Code (“TCC”) no. 6102’s entry into force. With the provisions regarding the group of companies regulated in articles 195 to 210 of the TCC, the concepts of controlling and associated companies came to the fore.
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Personal Data Protection Board Decisions: Failure to Ensure Data Security 4 February 2020
In accordance with the Personal Data Protection Law (“PDPL”), various sanctions have been recently applied by the Personal Data Protection Board(“Board”) due to the violation of the PDPL, which establishes, administers and manages the personal data recording system and these sanctions were published on the Board’s website in the form of a board decision. When the relevant decisions are examined, it can be seen that the most common violations of the data controllers are the failure to fulfil the obligation to prevent the unlawful processing and access of the personal data and ensure the preservation of the personal data mentioned in Article 12 (1) of the law.
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Annual Paid Leave and Its Conversion Into Pecuniary Claim 28 January 2020
An annual paid leave is a right to rest of workers for the protection of their physical and psychological health in exchange for their labor during the year. The right to annual leave cannot be waived and the employer cannot deprive the employee of this right.
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General Terms and Conditions in Turkish Law of Obligations 22 January 2020
Contracts, which are prepared by one of the parties within the scope of freedom of contract and submitted for counter party’s signature without giving permission for any amendment or discussion on contract provisions, are valid in principle if the counter party agrees on the provisions and there is pressure to sign the contract. However, it is obvious that when the contract is about providing goods and services, one of the parties may abuse the standardized terms by preparing fixed standard contracts comprised of lots of pages named as “general terms and conditions” which are in favor of himself and against to counter party. Likewise, the party, who is generally weaker one and wants to get goods or services, would either accept the terms that are imposed to him through fixed standard contr...
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