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Member Articles


Ceasing Commercial Activities versus Liquidation of Legal Entities

Introduction Bankruptcy and Enforcement Code No. 2004 (“BEC”) [1] regulates certain obligations for merchants who are ceasing to continue their commercial activities. Pursuant to Art. 44 BEC, a merchant ce ...

Assignment of Receivables as Security

Introduction The assignment of receivables, which constitutes an important security method under the obligations law, is regulated under Articles 183 to 190 of the Turkish Code of Obligations, No: 6098 (“Code”). The ...

Court of Cassation Decisions Regarding the Scope of the Application of Article 138 of the Turkish Code of Obligations of Indebtedness in Foreign Currencies

Introduction Turkish Code of Obligations No. 6098 (“TCO”) that entered into force on 01.07.2012 has a provision entitled “hardship,” which was not found in the former Code of Obligations No. 818. It can be deduc ...

Drafting Arbitration Agreements

Contact: Prof. Dr. H. Ercument Erdem;  Erdem & Erdem (Turkey) Introduction Arbitration agreements are the essential basis of international arbitration. A successful arbitration starts with a successful arbitr ...

Termination Agreements for Agency and Distribution Contracts

Contact: Prof. Dr. H. Ercument Erdem, Erdem & Erdem (Turkey) Introduction Execution of a termination agreement is one of the methods to terminate a contractual relationship between the parties. An advantage c ...

Annulment of General Assembly Resolutions of Joint Stock Companies and the Influence Rule

Author: Att. Ecem Cetinyilmaz Introduction The shareholders, board of directors, and each member of the board of directors are entitled to challenge the general assembly resolutions, subject to several conditions. Rea ...

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