Türk Hukukunda Anonim Şirket Esas Sözleşmesinin Normlar Hiyerarşisindeki Yeri

Abstract

Norms of a legal system are hierarchically ordered according to the validity relationship between them. This is called the hierarchy of norms. Any legal act within the definition of “norm” has a place in this hierarchy. Articles of association of a joint stock company is no exception to this. Hierarchical standing of articles of association can be ascertained by examining its hierarchical relationship with statutes, delegated legislation, decisions of commercial court of first instance, board of directors resolutions and resolutions of the general assembly. Legal regime of articles of association shows that it is hierarchically inferior to statutes, delegated legislation and decisions of the court while superior to the resolutions of board of directors and general assembly. The hierarchy of norms in a legal system provides general information regarding the system. Therefore, it mostly has theoretical value. However, the fact that the application of the principle lex superior derogat legi inferiori demands prior determination of hierarchy of norms can be seen as a factor which increases the practical importance of hierarchy of norms.