The abolished Capital Market Law numbered 2499 has been modified significantly at the beginning and end of 1990’s and repealed by the new Capital Market Law No. 6362 (Law) which entered into force on December 30th, 2012. There is no concept of “general investment advice” in the abolished Capital Market Law and all investment advisory activities are defined as capital market activities in that Law. With the new Law, general investment recommendation has become free and it has become obligatory to obtain permission from the Capital Markets Board in order to carry out investment services and activities as a regular occupation, commercial or professional activity. Mentioned regulations are based on the relevant directives of the European Union. Comments and recommendations based on an anonymous investor, without considering the risk or return criteria of a particular person, are classified as general investment recommendation.
{"title":"6362 SAYILI SERMAYE PİYASASI KANUNU İLE YAPILAN DÜZENLEME SONRASI GENEL YATIRIM TAVSİYESİ VE İZİNSİZ YATIRIM DANIŞMANLIĞI","authors":"Osman Bahadır Si̇nan, Ahmet Tok","doi":"10.54049/taad.1139357","DOIUrl":"https://doi.org/10.54049/taad.1139357","url":null,"abstract":"The abolished Capital Market Law numbered 2499 has been modified significantly at the beginning and end of 1990’s and repealed by the new Capital Market Law No. 6362 (Law) which entered into force on December 30th, 2012. There is no concept of “general investment advice” in the abolished Capital Market Law and all investment advisory activities are defined as capital market activities in that Law. With the new Law, general investment recommendation has become free and it has become obligatory to obtain permission from the Capital Markets Board in order to carry out investment services and activities as a regular occupation, commercial or professional activity. Mentioned regulations are based on the relevant directives of the European Union. Comments and recommendations based on an anonymous investor, without considering the risk or return criteria of a particular person, are classified as general investment recommendation.","PeriodicalId":106262,"journal":{"name":"Türkiye Adalet Akademisi Dergisi","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126733104","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}
International arbitration is one of the peaceful dispute resolution methods that aims to resolve interstate disputes through law in a final and definitive way. In these aspects, arbitration differs from other dispute resolution methods such as negotiation, mediation or conciliation. The use of arbitration in private law goes back to history. The origins of today’s international arbitration in the field of public law can be found in Ancient Greece and Ancient Rome. It is seen that the arbitration method, which was applied in different forms during the Middle Ages, lost its effectiveness after the emergence of modern states, because, as a peaceful method, international arbitration is against war, and the Modern Age is the stage of absolutist sovereign states that see war as the primary method in the resolution of disputes. In this period when Europe was in the throes of transformation, an attempt from a new continent for international arbitration changed the course of modern international judiciary. With the treaty of 1794, known by the name of US Secretary of State John Jay, the United States and Great Britain decided to establish three different commissions to settle disputes between them. The partial success of these commissions has increased the interest in the international arbitration method and the modern world, starting with North and South America, has started to resort to arbitration more frequently to solve its problems. This interest reached its peak with the 1872 Alabama Arbitration, and in the light of the work of international lawyers of this period, a consensus was reached between the participating states in the 1899-1907 Hague Conferences on the rules of international arbitration procedure and the establishment of a Permanent Court of Arbitration in order to facilitate the arbitration process. The process, which started with the Jay Treaty, served the development of the international judiciary, going up to the establishment of the Permanent Court of International Justice and other permanent courts to be established after it.
{"title":"MODERN ULUSLARARASI TAHKİMİN GELİŞİMİNDE JAY ANDLAŞMASI’NIN YERİ","authors":"Mehmet Büyük","doi":"10.54049/taad.1093139","DOIUrl":"https://doi.org/10.54049/taad.1093139","url":null,"abstract":"International arbitration is one of the peaceful dispute resolution methods that aims to resolve interstate disputes through law in a final and definitive way. In these aspects, arbitration differs from other dispute resolution methods such as negotiation, mediation or conciliation. The use of arbitration in private law goes back to history. The origins of today’s international arbitration in the field of public law can be found in Ancient Greece and Ancient Rome. It is seen that the arbitration method, which was applied in different forms during the Middle Ages, lost its effectiveness after the emergence of modern states, because, as a peaceful method, international arbitration is against war, and the Modern Age is the stage of absolutist sovereign states that see war as the primary method in the resolution of disputes. In this period when Europe was in the throes of transformation, an attempt from a new continent for international arbitration changed the course of modern international judiciary. With the treaty of 1794, known by the name of US Secretary of State John Jay, the United States and Great Britain decided to establish three different commissions to settle disputes between them. The partial success of these commissions has increased the interest in the international arbitration method and the modern world, starting with North and South America, has started to resort to arbitration more frequently to solve its problems. This interest reached its peak with the 1872 Alabama Arbitration, and in the light of the work of international lawyers of this period, a consensus was reached between the participating states in the 1899-1907 Hague Conferences on the rules of international arbitration procedure and the establishment of a Permanent Court of Arbitration in order to facilitate the arbitration process. The process, which started with the Jay Treaty, served the development of the international judiciary, going up to the establishment of the Permanent Court of International Justice and other permanent courts to be established after it.","PeriodicalId":106262,"journal":{"name":"Türkiye Adalet Akademisi Dergisi","volume":"284 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132020978","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}
Mutual rescission agreements, which is frequently encountered especially after job security provisions are included in our legislation, aspire to terminate a labour contract. Regardless of the type, the current individual labour contract is terminated by mutual agreement of the employment relation parties. In our labour legislation, which s. 385-416 Araştırma Makalesi/Research Article DOI: 10.54049/taad.1093136 Türk İş Hukuku Bağlamında İkale Sözleşmelerinin Geçerlilik Ölçütleri ve “Makul Yarar” Kavramı Arş. Gör. Serkan Taylan KARAÇ | Türkiye Adalet Akademisi Dergisi 386 T A A D is shaped within the framework of the principle of protecting the employee who is in a weak position in the employment relation, there is no regulation on how the mentioned contract will be formed. Despite mutual rescission agreements take their legal infrastructure from the freedom of contract, they were deemed in need of a particular assessment due to the negative consequences for the employee. In addition to the legality criteria generally considered in respect to contracts, the “reasonable benefit” criterion developed by the doctrine is also taken into consideration as a criterion in the evaluation in terms of the legality of the rescission. In fact, in order to be able to speak of the existence of a valid rescission, the provision of the mentioned benefit has been the most significant criterion. In our study, after giving general information about the mutual rescission, the legality criteria of the said contract will be evaluated in terms of the mutual rescission and the concept of reasonable benefit will be examined under a separate heading.
相互解除协议的目的是终止劳动合同，特别是在我国立法纳入工作保障条款之后，这种协议经常出现。无论何种形式，现行个人劳动合同均由劳动关系当事人协商一致解除。在我国的劳动立法中，这是385-416 Araştırma Makalesi/研究文章DOI: 10.54049/taad.1093136t rk İş Hukuku Bağlamında İkale Sözleşmelerinin gererlilik Ölçütleri ve“Makul Yarar”kavramyi arlu。气油比。Serkan Taylan KARAÇ | t rkiye Adalet Akademisi Dergisi 386 T A A D是在保护雇佣关系中处于弱势地位的雇员的原则框架内形成的，对上述合同如何形成没有规定。尽管相互解除协议使其法律基础脱离了合同自由，但由于对雇员的负面影响，它们被认为需要进行特别评估。除了在合同方面一般考虑的合法性标准外，该学说所制定的“合理利益”标准也被考虑为评估解除合法性的标准。事实上，为了能够说存在有效的撤销，提供上述利益一直是最重要的标准。在我们的研究中，在提供了关于共同解除的一般信息之后，将根据共同解除来评估上述合同的合法性标准，并在单独的标题下审查合理利益的概念。
{"title":"TÜRK İŞ HUKUKU BAĞLAMINDA İKALE SÖZLEŞMELERİNİN GEÇERLİLİK ÖLÇÜTLERİ VE “MAKUL YARAR” KAVRAMI*","authors":"Serkan Taylan Karaç","doi":"10.54049/taad.1093136","DOIUrl":"https://doi.org/10.54049/taad.1093136","url":null,"abstract":"Mutual rescission agreements, which is frequently encountered especially after job security provisions are included in our legislation, aspire to terminate a labour contract. Regardless of the type, the current individual labour contract is terminated by mutual agreement of the employment relation parties. In our labour legislation, which s. 385-416 Araştırma Makalesi/Research Article DOI: 10.54049/taad.1093136 Türk İş Hukuku Bağlamında İkale Sözleşmelerinin Geçerlilik Ölçütleri ve “Makul Yarar” Kavramı Arş. Gör. Serkan Taylan KARAÇ | Türkiye Adalet Akademisi Dergisi 386 T A A D is shaped within the framework of the principle of protecting the employee who is in a weak position in the employment relation, there is no regulation on how the mentioned contract will be formed. Despite mutual rescission agreements take their legal infrastructure from the freedom of contract, they were deemed in need of a particular assessment due to the negative consequences for the employee. In addition to the legality criteria generally considered in respect to contracts, the “reasonable benefit” criterion developed by the doctrine is also taken into consideration as a criterion in the evaluation in terms of the legality of the rescission. In fact, in order to be able to speak of the existence of a valid rescission, the provision of the mentioned benefit has been the most significant criterion. In our study, after giving general information about the mutual rescission, the legality criteria of the said contract will be evaluated in terms of the mutual rescission and the concept of reasonable benefit will be examined under a separate heading.","PeriodicalId":106262,"journal":{"name":"Türkiye Adalet Akademisi Dergisi","volume":"84 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128666820","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}
Tüketici İşlemi. Summary The scope of the Law has expanded considerably with the re-definition of consumer and consumer transactions in the Protection of the Consumer Law No. 6502 and the inclusion of consumer-oriented applications not included in the old Law. This situation caused some problems in practice. One of these problems is whether the trader can be a consumer and if so, in what circumstances. Because, on the one hand, the presumption of commercial business and commercial business accepted in the Turkish Commercial Code and on the other hand, the definition of consumer made to cover all real and juristic persons in the Protection of the Consumer Law appear as two contradictory provisions. In this study, solutions to these
{"title":"TACİRİN TÜKETİCİ SIFATI SORUNU","authors":"Yakup Bal","doi":"10.54049/taad.1093132","DOIUrl":"https://doi.org/10.54049/taad.1093132","url":null,"abstract":"Tüketici İşlemi. Summary The scope of the Law has expanded considerably with the re-definition of consumer and consumer transactions in the Protection of the Consumer Law No. 6502 and the inclusion of consumer-oriented applications not included in the old Law. This situation caused some problems in practice. One of these problems is whether the trader can be a consumer and if so, in what circumstances. Because, on the one hand, the presumption of commercial business and commercial business accepted in the Turkish Commercial Code and on the other hand, the definition of consumer made to cover all real and juristic persons in the Protection of the Consumer Law appear as two contradictory provisions. In this study, solutions to these","PeriodicalId":106262,"journal":{"name":"Türkiye Adalet Akademisi Dergisi","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121820949","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}
While public sector organizations often appear to deconstruct commercial firms and nonprofits, government agencies themselves have only occasionally been studied as subjects of institutional pressures. This study aims to examine the Presidential Government System, its applications based on institutional isomorphism theory, by dealing with coercive isomorphism, mimetic processes and normative pressures and to find a suitable adaptation model for the ‘deputy minister’ by considering the changing ministerial administrative practices in Turkey and used a qualitative approach in its methodology. Consequently, ‘neither mimetic, normative isomorphism nor coercive isomorphism is sufficient to model’ the deputy minister. Rather, the concept of ‘spontaneous isomorphism’ (Sağsan et al., 2011) was used in the study.
虽然公共部门组织经常出现解构商业公司和非营利组织，但政府机构本身只是偶尔作为制度压力的主体进行研究。本研究旨在通过处理强制性同构、模仿过程和规范压力，研究总统制政府及其基于制度同构理论的应用，并通过考虑土耳其不断变化的部长行政实践，为“副部长”找到合适的适应模型，并在其方法中使用定性方法。因此，“无论是模仿的、规范的同构还是强制的同构都不足以对副部长进行建模”。相反，研究中使用了“自发同构”的概念(Sağsan et al.， 2011)。
{"title":"SPONTANE İZOMORFİZM PERSPEKTİFİNDEN BAKAN YARDIMCILIĞI VE MÜSTEŞARLIK POZİSYONLARININ KARŞILAŞTIRMALI OLARAK DEĞERLENDİRİLMESİ: TÜRKİYE ÖRNEĞİ","authors":"Yusuf Coşkun, Cem Yorgancioğlu","doi":"10.54049/taad.1093121","DOIUrl":"https://doi.org/10.54049/taad.1093121","url":null,"abstract":"While public sector organizations often appear to deconstruct commercial firms and nonprofits, government agencies themselves have only occasionally been studied as subjects of institutional pressures. This study aims to examine the Presidential Government System, its applications based on institutional isomorphism theory, by dealing with coercive isomorphism, mimetic processes and normative pressures and to find a suitable adaptation model for the ‘deputy minister’ by considering the changing ministerial administrative practices in Turkey and used a qualitative approach in its methodology. Consequently, ‘neither mimetic, normative isomorphism nor coercive isomorphism is sufficient to model’ the deputy minister. Rather, the concept of ‘spontaneous isomorphism’ (Sağsan et al., 2011) was used in the study.","PeriodicalId":106262,"journal":{"name":"Türkiye Adalet Akademisi Dergisi","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115721392","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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