The fact of suspension of bankruptcy liquidation, which is frequently seen in practice, liquaditon doesn’t be because of bankrupt hasn’t assets capable of attachement. The absence of any goods in the Bankrupt’s estate is an issue that should be carefully examined by both the bankruptcy office and the commercial court of in the decision to close. Actually, the decision to suspend the liquidation given before the conditions are subject to complaint review upon request. Moreover, the decision to close the bankruptcy given despite the lack of conditions is also subject to audit at the appeal. Indeed, if there isn’t property in the Bankrupt’s estate, it’s necessary to decide to close the bankruptcy. However, the creditor should be given an opportunity to continue the liquidation if he thinks that the bankrupt hid his property, made savings subject to annulment or that the money remaining from the sale of the pledged property will be sufficient for the liquidation expenses otherwise in cases where the continuation of the liquidation is to the benefit of the creditor due to other facts. This opportunity is provided to the creditor by the institution of the suspension of liquidation. Indeed, in this case the creditor has the right to demand the continuation of the liquidation provided that he pays the necessary expenses. In this context, the suspension of the liquidation means the stopping the liquidation for the interim period between the discovery that there is no property subject to liquidation and the closing of the bankruptcy.
{"title":"Suspension of the Bankruptcy Liquidation","authors":"Ali Fuat Çi̇çekli̇","doi":"10.54049/taad.1183578","DOIUrl":"https://doi.org/10.54049/taad.1183578","url":null,"abstract":"The fact of suspension of bankruptcy liquidation, which is frequently seen in practice, liquaditon doesn’t be because of bankrupt hasn’t assets capable of attachement. The absence of any goods in the Bankrupt’s estate is an issue that should be carefully examined by both the bankruptcy office and the commercial court of in the decision to close. Actually, the decision to suspend the liquidation given before the conditions are subject to complaint review upon request. Moreover, the decision to close the bankruptcy given despite the lack of conditions is also subject to audit at the appeal. Indeed, if there isn’t property in the Bankrupt’s estate, it’s necessary to decide to close the bankruptcy. However, the creditor should be given an opportunity to continue the liquidation if he thinks that the bankrupt hid his property, made savings subject to annulment or that the money remaining from the sale of the pledged property will be sufficient for the liquidation expenses otherwise in cases where the continuation of the liquidation is to the benefit of the creditor due to other facts. This opportunity is provided to the creditor by the institution of the suspension of liquidation. Indeed, in this case the creditor has the right to demand the continuation of the liquidation provided that he pays the necessary expenses. In this context, the suspension of the liquidation means the stopping the liquidation for the interim period between the discovery that there is no property subject to liquidation and the closing of the bankruptcy.","PeriodicalId":106262,"journal":{"name":"Türkiye Adalet Akademisi Dergisi","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132673351","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The concept of euthanasia, which is formed by combining the words goods and death, means sweet and painless death, easy death. Legal definition of euthanasia is the death of the person whose death is inevitable and who cannot be cured according to the data of medical science or who is in unbearable pain, based on his consent, or leaving the medical aid to die by cutting it off. The patient’s right to determine his own future, on the other hand, means that a patient who has the opportunity and will to make his own decision uses his own life choices voluntarily. With this right, the patient can choose not only what is best for him, but also a situation that is contrary to his interests. In order for this right to be exercised in the best way, the patient must know exactly the processes related to treatment. Although euthanasia and the patient’s right to self-determination seem to be similar rights in terms of purpose, they contain various differences. In fact, euthanasia is a type of right included in the patient’s right to self-determination. In this context, euthanasia includes the termination of life and the denial of treatment necessary for life. On the other hand, the right to self-determination requires the patient to have a decisive and preliminary character in all treatment attempts. In this study, the relationship between euthanasia and the patient’s right to self-determination will be examined in recognition of doctrine and comparative law, and certain criteria will be put forward.
{"title":"Relationship Between Euthanasia and the Patient’s Right to Self-Determination","authors":"Uğur Aşkin, Korhan Yeğri̇m","doi":"10.54049/taad.1183542","DOIUrl":"https://doi.org/10.54049/taad.1183542","url":null,"abstract":"The concept of euthanasia, which is formed by combining the words goods and death, means sweet and painless death, easy death. Legal definition of euthanasia is the death of the person whose death is inevitable and who cannot be cured according to the data of medical science or who is in unbearable pain, based on his consent, or leaving the medical aid to die by cutting it off. \u0000The patient’s right to determine his own future, on the other hand, means that a patient who has the opportunity and will to make his own decision uses his own life choices voluntarily. With this right, the patient can choose not only what is best for him, but also a situation that is contrary to his interests. In order for this right to be exercised in the best way, the patient must know exactly the processes related to treatment. \u0000Although euthanasia and the patient’s right to self-determination seem to be similar rights in terms of purpose, they contain various differences. In fact, euthanasia is a type of right included in the patient’s right to self-determination. In this context, euthanasia includes the termination of life and the denial of treatment necessary for life. On the other hand, the right to self-determination requires the patient to have a decisive and preliminary character in all treatment attempts. \u0000In this study, the relationship between euthanasia and the patient’s right to self-determination will be examined in recognition of doctrine and comparative law, and certain criteria will be put forward.","PeriodicalId":106262,"journal":{"name":"Türkiye Adalet Akademisi Dergisi","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130350218","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Product liability is a concept that expresses the compensation responsibility of the producer when the damage occurs due to the fault in the product. The events that may result in product liability consist of multi-link chains. The first link in this chain is the person who produces or puts the product on the market. While the seller is creating the other link of the chain, the last link is usually the consumer. However, it is not always the consumer who suffers; Third parties may also be harmed due to faults in the product. The fact that the injured person is a third party does not prevent the responsibility of the manufacturer. The product liability serves the purpose of eliminating such undesirable negative situations. Therefore, the product liability refers to the responsibility of the manufacturer to anyone who has suffered damage due to a fault in the product, regardless of whether there is a contractual relationship between them. In our positive law, the legal regulation about the product liability had been absent until the Law No. 7223. Numbered 7223 The Law on Product Safety and Technical Regulations adopted on 5/3/2020 and published in the Official Gazette. In this study, by virtue of being a new legal regulation, it’s aimed to examine the concept of product liability with a general perspective.
{"title":"A General View to the Concept of “Product Responsibility” in the Scope of Law No 7223","authors":"Seda Bas","doi":"10.54049/taad.1183655","DOIUrl":"https://doi.org/10.54049/taad.1183655","url":null,"abstract":"Product liability is a concept that expresses the compensation responsibility of the producer when the damage occurs due to the fault in the product. The events that may result in product liability consist of multi-link chains. The first link in this chain is the person who produces or puts the product on the market. While the seller is creating the other link of the chain, the last link is usually the consumer. However, it is not always the consumer who suffers; Third parties may also be harmed due to faults in the product. The fact that the injured person is a third party does not prevent the responsibility of the manufacturer. The product liability serves the purpose of eliminating such undesirable negative situations. Therefore, the product liability refers to the responsibility of the manufacturer to anyone who has suffered damage due to a fault in the product, regardless of whether there is a contractual relationship between them. \u0000In our positive law, the legal regulation about the product liability had been absent until the Law No. 7223. Numbered 7223 The Law on Product Safety and Technical Regulations adopted on 5/3/2020 and published in the Official Gazette. In this study, by virtue of being a new legal regulation, it’s aimed to examine the concept of product liability with a general perspective.","PeriodicalId":106262,"journal":{"name":"Türkiye Adalet Akademisi Dergisi","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115041172","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
One of the most basic models in international transportation of goods is the transportation of goods by road, and the conclusion of an international agreement with large-scale participation in this field; It was realized with the 1956 Convention on the Contract for the International Carriage of Goods by Road (CMR). As of today, there are 56 parties to the Convention. On the basis of the CMR, it aims to establish legal security and clarity in land transportation by uniformizing the law to be applied in legal disputes encountered in international transportation. Turkey became a party to the CMR with effect from 1995, which can be considered quite a later date. On the other hand, compared to other international agreements that were party to much earlier history; CMR quickly gained an effective practice in judicial practice and reached a position where it can be applied practically in our country’s law with a large number of Supreme Court jurisprudence. As a matter of fact, it provided a significant source for the creation of the section titled ‘transport works’ in the fourth book of 6102 Turkish Commercial Code. In general, the liability regulated in the CMR, in road transportation, if the loss or damage of the goods subject to transportation has occurred as a result of the loss and the reasons for exemption from the liability regulated in the CMR have not been benefited; occurs as the carrier’s liability arises. In the first part of our study, a scope will be drawn regarding the application area of CMR. Within this scope, the conditions sought for the carrier to be responsible for the cases falling within the scope of the study will be discussed. In the second part, the legal nature of the compensation that the carrier determined to be responsible for the damage is obliged to pay, its calculation, the scale applied to the compensation amount and the cases that expand the limited liability of the carrier will be discussed.
{"title":"Liability of the Carrier for Compansation Arising from Loss and Damage of Goods According to CMR","authors":"Osman Uyaroğlu","doi":"10.54049/taad.1140219","DOIUrl":"https://doi.org/10.54049/taad.1140219","url":null,"abstract":"One of the most basic models in international transportation of goods is the transportation of goods by road, and the conclusion of an international agreement with large-scale participation in this field; It was realized with the 1956 Convention on the Contract for the International Carriage of Goods by Road (CMR). As of today, there are 56 parties to the Convention. On the basis of the CMR, it aims to establish legal security and clarity in land transportation by uniformizing the law to be applied in legal disputes encountered in international transportation. \u0000Turkey became a party to the CMR with effect from 1995, which can be considered quite a later date. On the other hand, compared to other international agreements that were party to much earlier history; CMR quickly gained an effective practice in judicial practice and reached a position where it can be applied practically in our country’s law with a large number of Supreme Court jurisprudence. As a matter of fact, it provided a significant source for the creation of the section titled ‘transport works’ in the fourth book of 6102 Turkish Commercial Code. \u0000In general, the liability regulated in the CMR, in road transportation, if the loss or damage of the goods subject to transportation has occurred as a result of the loss and the reasons for exemption from the liability regulated in the CMR have not been benefited; occurs as the carrier’s liability arises. \u0000In the first part of our study, a scope will be drawn regarding the application area of CMR. Within this scope, the conditions sought for the carrier to be responsible for the cases falling within the scope of the study will be discussed. In the second part, the legal nature of the compensation that the carrier determined to be responsible for the damage is obliged to pay, its calculation, the scale applied to the compensation amount and the cases that expand the limited liability of the carrier will be discussed.","PeriodicalId":106262,"journal":{"name":"Türkiye Adalet Akademisi Dergisi","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133210021","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
One of the most important rights that take benefits of the accused under protection is the right to fair trial. Considering the national and international legislations, it will be revealed that the right to fair trial embodies many inherent rights and principles. Although it is not explicitly regulated in the European Convention on Human Rights and Turkish Criminal Procedure Law, one of those rights is accused’s right to be present at the hearing. Nonetheless, in consequence of developing technology and modernization, the Auditory and Visual Information System (AVIS) has been included in our legal practice. Use of AVIS, which is stated to have drawbacks as well as benefits, in judging activity has been criticized at times. In this study, the relationship between the right to be present at the hearing and AVIS has been examined as part of the right to fair trial and within the frame of both international and national legislations and case law; opinions in the doctrine, judicial decisions and reached results have been tried to be conveyed
{"title":"The Right to be Present at the Hearing and Auditory and Visual Information System as Part of the Right to Fair Trial and within the Frame","authors":"Burak Ateş","doi":"10.54049/taad.1140201","DOIUrl":"https://doi.org/10.54049/taad.1140201","url":null,"abstract":"One of the most important rights that take benefits of the accused under protection is the right to fair trial. Considering the national and international legislations, it will be revealed that the right to fair trial embodies many inherent rights and principles. Although it is not explicitly regulated in the European Convention on Human Rights and Turkish Criminal Procedure Law, one of those rights is accused’s right to be present at the hearing. Nonetheless, in consequence of developing technology and modernization, the Auditory and Visual Information System (AVIS) has been included in our legal practice. Use of AVIS, which is stated to have drawbacks as well as benefits, in judging activity has been criticized at times. In this study, the relationship between the right to be present at the hearing and AVIS has been examined as part of the right to fair trial and within the frame of both international and national legislations and case law; opinions in the doctrine, judicial decisions and reached results have been tried to be conveyed","PeriodicalId":106262,"journal":{"name":"Türkiye Adalet Akademisi Dergisi","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130185149","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The legal relationship between medical doctors, foundation hospitals, and patients has been discussed in the legal doctrine and numerous court decisions. Yet, there is no consensus on the description and legal characteristic of that relationship. In this study, the characterization of the legal relationship in question is explained in comparison to German law and the regulations concerning agent of necessity in Turkish-Swiss Civil Law. Within this scope, in the first chapter of this study, the possible contractual relationships between these parties are analyzed in order to determine the cases in which the agent of necessity come into question. In the second part of the study, the liability of medical doctors and foundation hospitals arising from the agent of necessity is clarified. Moreover, since the doctor is not an organ of the foundation hospital, the issue of the medical doctor’s responsibility in providing emergency health care and expanding the scope of surgery from the agent of necessity will be expounded.
{"title":"The Liability of Foundation Hospital and Medical Doctor Arising From Agent of Necessity","authors":"Fatma Candan KAVŞAT METİNER, Ali Akın Meti̇ner","doi":"10.54049/taad.1140190","DOIUrl":"https://doi.org/10.54049/taad.1140190","url":null,"abstract":"The legal relationship between medical doctors, foundation hospitals, and patients has been discussed in the legal doctrine and numerous court decisions. Yet, there is no consensus on the description and legal characteristic of that relationship. In this study, the characterization of the legal relationship in question is explained in comparison to German law and the regulations concerning agent of necessity in Turkish-Swiss Civil Law. Within this scope, in the first chapter of this study, the possible contractual relationships between these parties are analyzed in order to determine the cases in which the agent of necessity come into question. In the second part of the study, the liability of medical doctors and foundation hospitals arising from the agent of necessity is clarified. Moreover, since the doctor is not an organ of the foundation hospital, the issue of the medical doctor’s responsibility in providing emergency health care and expanding the scope of surgery from the agent of necessity will be expounded.","PeriodicalId":106262,"journal":{"name":"Türkiye Adalet Akademisi Dergisi","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115592639","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Personal health data contained in the category of sensitive personal data can be defined as “any health data related to an identified or identifiable natural person.” The scope of this definition includes “all kinds of data in regard to physical and mental health of a person related to his/her past, present and future, as well as data in regard to the healthcare service provided to such person.” This study firstly discusses the concept of personal health data in the light of international regulations, to which Turkey is a party and the rules and principles related to the processing of these data. The cases in which personal health data can be processed in Turkish law will also be discussed. In this context, an assessment about conformity to the principle of minimum, which indicates the necessity to collect data in such a way that such data are only limited to the amount that is necessary to perform the objective/objectives that data collection and processing are affiliated to and the principle of sensitivity, which means processing of sensitive data is subjected to a much more audit compared to other data in data protection law. Then, the obligations of the administration regarding the protection of personal health data will be explained. The meaning and the scope of the obligations of the administration for clarification about personal health data, ensuring data safety, performing regulations and audits will be explained. In the light of the resolutions of the European Court of Human Rights and the Council of State, how the failure of the administration to fulfill such obligations might occur and the type and scope of responsibility based on the form of failure, will be evaluated according to possibilities.
{"title":"Personal Health Data in Turkish Law and the Obligation of the Administration to Protect Personal Health Data","authors":"Ayşe Aslı Alçin","doi":"10.54049/taad.1140182","DOIUrl":"https://doi.org/10.54049/taad.1140182","url":null,"abstract":"Personal health data contained in the category of sensitive personal data can be defined as “any health data related to an identified or identifiable natural person.” The scope of this definition includes “all kinds of data in regard to physical and mental health of a person related to his/her past, present and future, as well as data in regard to the healthcare service provided to such person.” \u0000This study firstly discusses the concept of personal health data in the light of international regulations, to which Turkey is a party and the rules and principles related to the processing of these data. The cases in which personal health data can be processed in Turkish law will also be discussed. In this context, an assessment about conformity to the principle of minimum, which indicates the necessity to collect data in such a way that such data are only limited to the amount that is necessary to perform the objective/objectives that data collection and processing are affiliated to and the principle of sensitivity, which means processing of sensitive data is subjected to a much more audit compared to other data in data protection law. Then, the obligations of the administration regarding the protection of personal health data will be explained. The meaning and the scope of the obligations of the administration for clarification about personal health data, ensuring data safety, performing regulations and audits will be explained. \u0000In the light of the resolutions of the European Court of Human Rights and the Council of State, how the failure of the administration to fulfill such obligations might occur and the type and scope of responsibility based on the form of failure, will be evaluated according to possibilities.","PeriodicalId":106262,"journal":{"name":"Türkiye Adalet Akademisi Dergisi","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121852061","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
There is always a risk of danger where human labor is used. The realization potential of the risk varies according to the factors in the field of activity. Various liability arrangements have been discussed as some sectors involve more hazards and the sector is gradually developing. The effect of the industrial revolution on the increase in the responsibility of danger is undoubted. With the inclusion of steam engines in the workforce, the dimensions of the workforce based on human labor have changed. In line with the danger risk posed by the machines, the question of who will be responsible began to be discussed. The painful experiences as a result of the occurrence of dangers and harming people have led to the definition of the responsibility of danger as the most severe type of responsibility. As a matter of fact, the liability of danger in Turkish Law is regulated both generally and specifically, unlike the Swiss Law. Undoubtedly, the inclusion of the liability of danger in our legislation also contributes to the principle of social state. In our study, firstly, TCO article 71 hazard liability will be discussed. Finally, the responsibility of the employer against the hazards within the scope of occupational health and safety will be tried to be detailed.
{"title":"Employer’s Hazard Liability","authors":"Merve Uyaroğlu","doi":"10.54049/taad.1140208","DOIUrl":"https://doi.org/10.54049/taad.1140208","url":null,"abstract":"There is always a risk of danger where human labor is used. The realization potential of the risk varies according to the factors in the field of activity. Various liability arrangements have been discussed as some sectors involve more hazards and the sector is gradually developing. \u0000The effect of the industrial revolution on the increase in the responsibility of danger is undoubted. With the inclusion of steam engines in the workforce, the dimensions of the workforce based on human labor have changed. In line with the danger risk posed by the machines, the question of who will be responsible began to be discussed. The painful experiences as a result of the occurrence of dangers and harming people have led to the definition of the responsibility of danger as the most severe type of responsibility. As a matter of fact, the liability of danger in Turkish Law is regulated both generally and specifically, unlike the Swiss Law. Undoubtedly, the inclusion of the liability of danger in our legislation also contributes to the principle of social state. \u0000In our study, firstly, TCO article 71 hazard liability will be discussed. Finally, the responsibility of the employer against the hazards within the scope of occupational health and safety will be tried to be detailed.","PeriodicalId":106262,"journal":{"name":"Türkiye Adalet Akademisi Dergisi","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126023129","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
One of the most important requirements of the rule of law is the obligation to implement judicial decisions. Both the Constitution and the Administrative Procedure Law No. 2577 have pointed out this obligation. Annulment decisions made as a result of an application to the administrative court are peculiar in this context. In some cases, it is not possible to apply these decisions in full retrospectively, and this situation is explained with the concepts of de facto and legal impossibility. Another situation that causes legal impossibility is the possibility that the full retroactive application of annulment decisions will harm the principle of legal security. One of the main arguments put forward in this regard is the existence of other transactions related to the canceled transaction and the existence of some gains based on the canceled transaction. In the case of Turkey, legal regulations are made by the legislator or the administrations, or without such a regulation, the decision is not implemented on the grounds of legal impossibility. In this study, taking the decisions of the Council of State as the axis, it has been examined whether there is a legal impossibility in the implementation of the decision and the judicial and administrative mechanisms that will prevent such a result from occurring.
{"title":"Legal Impossibility in Practice Due to the Obligation to Implement Annulment Decisions and the Principle of Legal Security","authors":"Zeynep Nihal AYDINOĞLU YALÇIN","doi":"10.54049/taad.1140166","DOIUrl":"https://doi.org/10.54049/taad.1140166","url":null,"abstract":"One of the most important requirements of the rule of law is the obligation to implement judicial decisions. Both the Constitution and the Administrative Procedure Law No. 2577 have pointed out this obligation. Annulment decisions made as a result of an application to the administrative court are peculiar in this context. In some cases, it is not possible to apply these decisions in full retrospectively, and this situation is explained with the concepts of de facto and legal impossibility. Another situation that causes legal impossibility is the possibility that the full retroactive application of annulment decisions will harm the principle of legal security. One of the main arguments put forward in this regard is the existence of other transactions related to the canceled transaction and the existence of some gains based on the canceled transaction. In the case of Turkey, legal regulations are made by the legislator or the administrations, or without such a regulation, the decision is not implemented on the grounds of legal impossibility. In this study, taking the decisions of the Council of State as the axis, it has been examined whether there is a legal impossibility in the implementation of the decision and the judicial and administrative mechanisms that will prevent such a result from occurring.","PeriodicalId":106262,"journal":{"name":"Türkiye Adalet Akademisi Dergisi","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127445076","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The development of internet technology and the ease of internet use have impact on Video on Demand Streaming on the Internet. The rate of benefiting from the said technology is increasing day by day while the age of use is gradually decreasing. Legal and technical control and regulation of over the top services on the Internet should be considered important in order to minimize the negative consequences that children will be exposed to, as well as in the public interest. In this respect, the protection of children is accepted as a universal goal by all actors. Due to the fulfillment of the said purpose, obligations to integrate the parental control system are imposed on media service providers or internet platform operators that are about to broadcast in audiovisual media services in the national and international arena, and recommendations are made to the organizations at this point. This study questions whether current legislation provide efficient protection for chüldren regarding ahrmful content considering video on demand streaming on the internet. The media service provider or platform operator enforces parental control to ensure that children who want to access on-demand broadcast service content from the internet are protected from harmful or illegal content. In this study, the parental control system in over the top services from the internet, which has recently become popular and under the influence of audio-visual media services, will be discussed on the basis of legal regulations, international studies and practices.
{"title":"Protection of Children for Video on Demand Streaming on the Internet regarding the Law No 6112","authors":"Merve Ayşegül KULULAR İBRAHİM, Rümeysa Aluç","doi":"10.54049/taad.1140173","DOIUrl":"https://doi.org/10.54049/taad.1140173","url":null,"abstract":"The development of internet technology and the ease of internet use have impact on Video on Demand Streaming on the Internet. The rate of benefiting from the said technology is increasing day by day while the age of use is gradually decreasing. \u0000Legal and technical control and regulation of over the top services on the Internet should be considered important in order to minimize the negative consequences that children will be exposed to, as well as in the public interest. In this respect, the protection of children is accepted as a universal goal by all actors. Due to the fulfillment of the said purpose, obligations to integrate the parental control system are imposed on media service providers or internet platform operators that are about to broadcast in audiovisual media services in the national and international arena, and recommendations are made to the organizations at this point. \u0000This study questions whether current legislation provide efficient protection for chüldren regarding ahrmful content considering video on demand streaming on the internet. The media service provider or platform operator enforces parental control to ensure that children who want to access on-demand broadcast service content from the internet are protected from harmful or illegal content. In this study, the parental control system in over the top services from the internet, which has recently become popular and under the influence of audio-visual media services, will be discussed on the basis of legal regulations, international studies and practices.","PeriodicalId":106262,"journal":{"name":"Türkiye Adalet Akademisi Dergisi","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114855664","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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