Legal Hukuk Dergisi (2013 Yılı Aboneliği) (12 Sayı)

 

Yıl: 2013 Sayı: 122

 

Volume: 11/Issue: 122

Year: 2013

 CONTENTS

 Plot Summary of Supreme Court Decisions. XXI

Legal Writings

Systemic Structures and the Formation-Development of 
Their Jurisprudences and Their Reflection on Domestic Laws on 
Constitutional Axis

Dr. iur. Kutluhan BOZKURT

A Crıtıque About The Law No. 6360
Is It Constitutional to abolish Special Provincial Administration 
and Villages in Twenty-Nine Provinces and Converting District 
Municipalities into Metropolitan Sub-Provincial Municipalities?

Assoc. Kemal GÖZLER

International Commercial and Investment Arbitration Involving State as a Repondent Party

LL.M Ekin SÖKMEN

Reckless Homicide and State of Conscious Negligence in the 
Light of Court of Appeals Decisions (I)

Cihan ŞAHİN (Court of Appeals Investigative Judge) 

Legal Opinions

The Defense of Statute of Limitations Via Amendment is 
Never Correct

Atty. Çelik Ahmet ÇELİK

Revision of Penalties in the Turkish Commercial Code

Soner ALTAŞ (Ministry of Science, Industry and Technology 
Chief Inspector) 

A New Agent in Turkish Financial Markets: Electronic 
Product Bonds

Yavuz AKBULAK (Capital Markets Board of Turkey Advisor) 

 Legal News

 Civil Decisions of Court of Appeal 

Joint Civil Chambers of Court of Appeal Decisions

Civil Chamber of Court of Appeal Decisions

Penal Decisions of Court of Appeal 

Assembly of Criminal Chambers of Court of Appeal Decisions

Penal Chamber of Court of Appeal Decisions

Council State Decision

Decision of Plenary Session of Administrative Law Division

Chamber of Council State Decision

 Decision of the Turkish Constitutional Court 

Current Legislation

Statutes

Abstracts of Official Gazette

 Substantial Informations

 ORDERING FORM FOR THE LEGAL LAW JOURNALS

Index of Supreme Court Decisions

Index of Related Legal Terms

Index of Related Statutory Provisions

 SUBSCRIPTION FORM FOR THE LEGALBANK 

LAW DATABASE

 

Yıl: 2013 Sayı: 123

 

 

Volume: 11/Issue: 123

Year: 2013

CONTENTS

 

Plot Summary of Supreme Court Decisions. XXI

Legal Writings

Authorization in Urban Renewal Town Planning

Prof. Dr. Gürsel ÖNGÖREN

The Process of Reconstruction (Redevelopment) in Old Buildings and Building Complexes with Depleted Economic Life and Related Legal Regulations

Prof. Dr. Gürsel ÖNGÖREN

Does Reenactment of Consignment Bill Enable Negotiable Instrument in Carriage of Goods by Road?

Asst. Prof. Dr. Ecehan YEŞİLOVA ARAS

Modern Slavery a Study on the Prohibition of Slavery, Servitude and Forced Labour under the Law of the Council of Europe

Dr. Erkan DUYMAZ

Reckless Homicide and State of Conscious Negligence in the Light of Court of Appeals Decisions Reckless Homicide and State of Conscious Negligence in the Light of Court of Appeals Decisions

Cihan ŞAHİN (Yargıtay Tetkik Hakimi/Court of Appeals Investigative Judge) 

Legal Opinions

How Foreign are the Foreign Law Firm Partnerships, How Domestic are the Domestic Law Firm Partnerships?

Atty. Metin Sinan ASLAN

Amendments in Penalties in Turkish Commercial Code-2

Soner ALTAŞ (Ministry of Science, Industry and Technology Chief Inspector)

Legal News 

Civil Decisions of Court of Appeal 

Joint Civil Chambers of Court of Appeal Decisions

Civil Chamber of Court of Appeal Decisions

Penal Decisions of Court of Appeal 

Assembly of Criminal Chambers of Court of Appeal Decision

Penal Chamber of Court of Appeal Decisions

Council State Decisions

Chamber of Council State Decisions

Decisions of the Turkish Constitutional Court 

Current Legislation

Statutes

Abstracts of Official Gazette

Substantial Informations

ORDERING FORM FOR THE LEGAL LAW JOURNALS

Index of Supreme Court Decisions

Index of Related Legal Terms

Index of Related Statutory Provisions

SUBSCRIPTION FORM FOR THE LEGALBANK 
LAW DATABASE

 

Yıl: 2013 Sayı: 124

 

 

Volume: 11/Issue: 124

Year: 2013

CONTENTS

 

Plot Summary of Supreme Court Decisions. XXI

Legal Writings

Applicability of the Section 242 of the Recently Enacted 
Code of Obligations

Prof. Dr. Abdülkadir ARPACI

In Light of Judicial Decisions, the Effect of Criminal Investigation and Prosecution of an Act to Soccer Disciplinary Proceedings of the Same Act

Prof. Dr. Nihat BULUT 
Prof. Dr. Mahmut KOCA

Exclusive Jurisdiction Over Immovable Property Within Common Law Practice

Asst. Prof. Dr. Mustafa ERKAN 
Rayhan ASAT

Is The Prohibiton of Confiscation an Obstacle for an Executive 
Proceeding Against the Social Security Instituton

Asst. Prof. Dr. Emre ERTAN

Legal Opinions

Amendments In Penalties In Turkish Commercial Code-3

Soner ALTAŞ ( Ministry of Science, Industry and Technology Chief Inspector) 

Who are Eligible to Become Members of the Board of Directors in an Incorporated Business, Whose Responsibilities are Defined by Turkish Commerce Law Number 6102?

Yavuz AKBULAK (Capital Markets Board of Turkey Advisor) 

Legal News

Civil Decisions of Court of Appeal 

Joint Civil Chambers of Court of Appeal Decisions

Civil Chamber of Court of Appeal Decisions

Penal Decisions of Court of Appeal

Assembly of Criminal Chambers of Court of Appeal Decision

Penal Chamber of Court of Appeal Decisions 

Council State Decision

Chamber of Council State Decision

Decisions of the Turkish Constitutional Court 

Current Legislation

Statutes

Abstracts of Official Gazette

Substantial Informations

ORDERING FORM FOR THE LEGAL LAW JOURNALS

Index of Supreme Court Decisions

Index of Related Legal Terms

Index of Related Statutory Provisions

SUBSCRIPTION FORM FOR THE LEGALBANK LAW 
DATABASE

 

Yıl: 2013 Sayı: 125

 

Volume: 11/Issue: 125

Year: 2013

CONTENTS

 

Plot Summary of Supreme Court Decisions. XXI

Legal Writings

Application of Rules of Law with Regard to Time

Prof. Dr. Cevdet ATAY

Temporary Injunction to Stay Enforcement Proceedings with the 
Request for Bankruptcy Schedule

Prof. Dr. Oğuz ATALAY

Internal Directives in Joint-Stock Companies

Prof. Dr. Hasan PULAŞLI

Legal Opinions

Amendments in Penalties in Turkish Commercial Code-4

Soner ALTAŞ (Ministry of Science, Industry and Technology Chief Inspector) 

An Alternative Financial Management: Infrastructure Real Estate 
Investment Trusts

Yavuz AKBULAK (Capital Markets Board of Turkey Advisor)

Legal News

Civil Decisions of Court of Appeal 

Joint Civil Chambers of Court of Appeal Decisions

Civil Chamber of Court of Appeal Decisions

Penal Decisions of Court of Appeal 

Assembly of Criminal Chambers of Court of Appeal Decision

Penal Chamber of Court of Appeal Decisions

Council State Decision

Chamber of Council State Decision

Decisions of the Turkish Constitutional Court 

Current Legislation

Statutes

Abstracts of Official Gazette

Substantial Informations

ORDERING FORM FOR THE LEGAL LAW JOURNAL

Index of Supreme Court Decisions

Index of Related Legal Terms

Index of Related Statutory Provisions

SUBSCRIPTION FORM FOR THE LEGALBANK LAW 
DATABASE

 

Yıl: 2013 Sayı: 126

 

Volume: 11/Issue: 126

Year: 2013

CONTENTS

 

Plot Summary of Supreme Court Decisions. XXI

Legal Writings

Contextual Analysis About Quality Issues in Law Education in the 
Light of Numeric Data

Prof. Dr. Muharrem KILIÇ

Deferral of Performance Time

Prof. Dr. Mustafa Alper GÜMÜŞ

The Problem of Inexecution of Administrative Procedure 
Decisions in the Context of Right to a Fair Trial (I)

Assoc. Prof. Dr. Müslüm AKINCI

Legal Opinions

Amendments in Penalties in Turkish Commercial Code-5

Soner ALTAŞ (Ministry of Science, Industry and Technology Chief Inspector) 

Basic Regulations about the Obligation of Creating a Website

Yavuz AKBULAK (Capital Markets Board of Turkey Advisor) 

Legal News

Civil Decisions of Court of Appeal 

Joint Civil Chambers of Court of Appeal Decisions

Civil Chamber of Court of Appeal Decisions

Penal Decisions of Court of Appeal

Assembly of Criminal Chambers of Court of Appeal Decision

Penal Chamber of Court of Appeal Decisions

Council State Decisions

Decision of Plenary Session of Administrative Law Division

Chamber of Council State Decision

Decisions of the Turkish Constitutional Court 

Current Legislation

Statutes

Abstracts of Official Gazette

Substantial Informations

ORDERING FORM FOR THE LEGAL LAW JOURNALS

Index of Supreme Court Decisions

Index of Related Legal Terms

Index of Related Statutory Provisions

SUBSCRIPTION FORM FOR THE LEGALBANK LAW 
DATABASE

 

Yıl: 2013 Sayı: 127

 

 

Volume: 11/Issue: 127

Year: 2013

CONTENTS

 

Plot Summary of Supreme Court Decisions. XXI

Legal Writings

Martial Law and Manifestos in Izmir City During March 12nd Period

Prof. Dr. M. Zafer ÜSKÜL

Prepayment as a Method of Alternative Dispute Resolution in the 
Light of the Decisions of the Supreme Court

Assoc. Prof. Dr. A. Caner YENİDÜNYA

Federal Political Systems Arising From the Conceptual Differentiation 
of Federation and Federalism

Demet ÇELİK ULUSOY

A Reevaluation of the Remuneration Granted to the Executives 
of the Joint Stock Companies in the Light of the New Improvements

Dr. Işık ÖZER

Legal Opinions

Crimes Which can be Committed by Trade Registry Directorate 
Personnel and Punishments

Soner ALTAŞ (Ministry of Science, Industry and Technology Chief Inspector) 

Application of Interim Sequestration by Tax Office to Immovable 
of Company Which Taxpayer,Whose Personal Firm is Under 
Investigation is A Partner of

Dr. Mustafa ALPASLAN - Eda KAYA

Construction Agreements for Flat-for-Land

Atty. Hasan ŞİŞMAN

Legal News

Civil Decisions of Court of Appeal

Joint Civil Chambers of Court of Appeal Decisions

Civil Chamber of Court of Appeal Decisions

Penal Decisions of Court of Appeal

Assembly of Criminal Chambers of Court of Appeal Decision

Penal Chamber of Court of Appeal Decisions

Council State Decisions

Decision of Plenary Session of Administrative Law Division

Chamber of Council State Decision

Decisions of the Turkish Constitutional Court

Current Legislation

Statutes

Abstracts of Official Gazette

Substantial Information

ORDERING FORM FOR THE LEGAL LAW JOURNALS

Index of Supreme Court Decisions

Index of Related Legal Terms

Index of Related Statutory Provisions

SUBSCRIPTION FORM FOR THE LEGALBANK LAW 
DATABASE

 

Yıl: 2013 Sayı: 128

 

 

Volume: 11/Issue: 128

Year: 2013

CONTENTS

 

Plot Summary of Supreme Court Decisions. XXI

Legal Writings

Reviews on Regulations Related to Attorneyship Fee in 
Expropriation Act

Prof. Dr. E. Saba ÖZMEN - Aal. Sezgi Cihan BAHADIR

The Crime of Initiation of an Explosion with Nuclear Energy

Tahir Hami TOPAÇ (Court of Cassation Judge Rapporteur) 

Liability of Family Chief

Associate Member Özgür MEMİŞOĞLU

Expert Opinion

Provisional Attachment in Action for Rescission

Haşmet Sırrı AKŞENER (Istanbul Commercial Court (Former) President Judge)

Penalties Regarding Unfair Competition

Soner ALTAŞ (Ministry of Science, Industry and Technology 
Chief Inspector)

Confiscation without Expropriation in Protected Areas

Aal. Murat TEZCAN

Legal News

Court of Cassation Civil Chamber Decisions

Court of Cassation Assembly of Civil Chambers Decisions

Court of Cassation Civil Chambers Decisions

Court of Cassation Criminal Chamber Decisions

Court of Appeal Assembly of Criminal Chambers Decision

Court of Appeal Criminal Chamber Decisions

Council of State Decisions

Plenary Session of the Administrative Law Chamber Decision

Council of State Chamber Decision

Turkish Constitutional Court Decisions

Current Legislation

Law Codes

Abstracts of Official Gazette

Major Informations

ORDERING FORM FOR THE LEGAL LAW JOURNALS

Index of Supreme Court Decisions

Index of Related Legal Terms

Index of Related Law Code Articles

SUBSCRIPTION FORM FOR THE LEGALBANK 
LEGAL DATABASE

 

Yıl: 2013 Sayı: 129

 

Volume: 11/Issue: 129

Year: 2013

CONTENTS

 

Plot Summary of Supreme Court Decisions. XXI

Legal Writings

New Premises in Differentiation of Material Damage 
and Moral Hazard

Prof. Dr. Gilles PETITPIERRE
Translated by: K. Ali SONAT

Discrimination in Turkish and French Criminal Code

Aal. Dr. Dilek EKMEKÇİ 

Comparison of Usufruct Lease and Other Types of Lease 
Agreements According to Turkish Obligation Code No.6098

Res. Asst. Duygu DEMİREL

Expert Opinions

Finalizing the Obligation of a Cosigner in Co-Signing 
Time of (10+1=11 Years) (Code of Obligations Art. 598/III; Law 
About the Operation and Manner of Application of Code of Obligations, 
Art. 5/2)

Aal. Talih UYAR

Reduction of Inadequate Payments on Damages in Terms of Road 
Traffic Accident

Çelik Ahmet ÇELİK

Legal Evaluation of Court Of Accounts’ Board of Appeals 
Decision About Temporary Commissioning of Municipalities

Aal.Taha Erdinç BÜLBÜL

Corporations Purchasing Their Own 
Shares: A Comparison of Turkish and American Corporate Law

Aal. Nazım Can IŞIKTAÇ

New Fundamentals of “Prospectus and Export Document” in 
Terms of Capital Market

Yavuz AKBULAK (Capital Markets Board of Turkey Advisor)

Legal News

Court of Cassation Civil Chamber Decisions

Court of Cassation Assembly of Civil Chambers Decisions

Court of Cassation Civil Chambers Decisions

Court of Cassation Criminal Chamber Decisions

Court of Appeal Assembly of Criminal Chambers Decision

Court of Appeal Criminal Chamber Decisions

Council of State Decision

Plenary Session of the Administrative Law Chamber Decision

Council of State Chamber Decision

Turkish Constitutional Court Decisions

Current Legislation

Law Code

Abstracts of Official Gazette

Major Informations

ORDERING FORM FOR THE LEGAL LAW JOURNALS

Index of Supreme Court Decisions

Index of Related Legal Terms

Index of Related Law Code Articles

SUBSCRIPTION FORM FOR THE LEGALBANK LEGAL 
DATABASE

 

Yıl: 2013 Sayı: 130

 

 

Volume: 11/Issue: 130

Year: 2013 

CONTENTS

 

Plot Summary of Supreme Court Decisions. XXI

Legal Writings

Crime of Sexual Assault (TCC Art. 102)

Asst. Prof. Dr. İsmail DURSUN

Developments Regarding Consumer Bankruptcy and 
Debt Adjustment in European Countries

Asst. Prof. Dr. Varol KARAASLAN

The New Regulation on Carriage Law in 6102 Numbered 
Turkish Commercial Code "Carriage of Household Goods"

Res. Asst. Umut AKDENİZ

Action for an Unquantified Debt in Turkish Law: A Review Considering Comparative Law

Intern Lawyer Gökhan ÇAYAN

Expert Opinions

Procedures Regarding Travel Agencies and Association of 
Travel Agencies Act

Hasan ÖZKAN Em. (Istanbul Judge (Ret.)) 

Validity Requirements of Promissory Bond (Bill to Order)

Atty. Talih UYAR

Legal News

Court of Cassation Civil Chamber Decisions

Court of Cassation Assembly of Civil Chambers Decisions

Court of Cassation Civil Chambers Decisions

Court of Cassation Criminal Chamber Decisions

Court of Appeal Assembly of Criminal Chambers Decision

Court of Appeal Criminal Chamber Decisions

Council of State Decision

Plenary Session of the Administrative Law Chamber Decision

Council of State Chamber Decision

Turkish Constitutional Court Decisions

Current Legislation

Major Informations

ORDERING FORM FOR THE LEGAL LAW JOURNALS

Index of Supreme Court Decisions

Index of Related Legal Terms

Index of Related Law Code Articles

SUBSCRIPTION FORM FOR THE LEGALBANK LEGAL 
DATABASE

 

Yıl: 2013 Sayı: 131

 

Volume: 11/Issue: 131

Year: 2013

CONTENTS

 

Plot Summary of Supreme Court Decisions. XXI

Legal Writings

Principle of Equality of Arms in Light of the European Court of Human Rights’ Precedents

Asst. Prof. Dr. Güneş OKUYUCU ERGÜN

Legal Foundations of Issues Between Metropolitan Municipalities and District Municipalities

Dr. Orhan Veli ALICI 

Conformity of Goods According to Contracts for the International Sale of Goods (CISG)

Dr. Sera Reyhani YÜKSEL

CMR Consignment Note

Res. Asst. Tuğba ÇİFTÇİ

Legalizing the Practises of Confiscation without Expropriation by Means of Law: A Review of Expropriation Law Temporary Article 7.

Atty. Murat TEZCAN

 

Decision Analysis. 91

Translation of the ECtHR Decision in Ghorbanov and 
Others v. Turkey Concerning Turkey's Violation of Articles 
3 and 5 of the ECHR Through Expulsion and Administrative Detention Processes

Translated by: Prof. Dr. Nuray EKŞİ 

Expert Opinions

Legal Liability of Enforcement Office Clerks (Turkish Law of Enforcement and Bankcrupty Art. 5)

Atty. Talih UYAR

New Principles About Lease Certificate

Yavuz AKBULAK (Capital Markets Board of Turkey Advisor) 

Legal News

Court of Cassation Civil Chamber Decisions

Court of Cassation Assembly of Civil Chambers Decisions

Court of Cassation Civil Chambers Decisions

Court of Cassation Criminal Chamber Decisions

Court of Appeal Assembly of Criminal Chambers Decision

Court of Appeal Criminal Chamber Decisions

Council of State Decision

Plenary Session of the Administrative Law Chamber Decision

Council of State Chamber Decision

Turkish Constitutional Court Decisions

Current Legislation

Law Codes

Abstracts of Official Gazette

Major Informations

ORDERING FORM FOR THE LEGAL LAW JOURNALS

Index of Supreme Court Decisions

Index of Related Legal Terms

Index of Related Law Code Articles

SUBSCRIPTION FORM FOR THE LEGALBANK LEGAL 
DATABASE

 

Yıl: 2013 Sayı: 132

 

 

Volume: 11/Issue: 132

Year: 2013 

CONTENTS

 

Plot Summary of Supreme Court Decisions. XXI

Legal Writings

Legal Protection and Assurance System of Violence in Terms of the Legal Framework

Prof. Dr. Muharrem KILIÇ

Fixes Price Contract in Freight Forwarding and Its Consequences

Dr. Umut AKDENİZ

A Compulsory Concern for Civil Law Cases: Completion of the Judgement

Judge Mehmet Akif TUTUMLU

 

Expert Opinions

Tourist Guide Career

Retired Judge Hasan ÖZKAN

High Arbitration Committee

Atty. Fahri ÖZSUNGUR

Simple Trial Procedure - Why is it Not "Simple"?

Atty. Ruhat ÇELİK

New Era for Export of Private Due Items

Yavuz AKBULAK (Capital Markets Board of Turkey Advisor)

Legal News

Court of Cassation Civil Chamber Decisions

Court of Cassation Assembly of Civil Chambers Decisions

Court of Cassation Civil Chambers Decisions

Court of Cassation Criminal Chamber Decisions

Court of Appeal Assembly of Criminal Chambers Decision

Court of Appeal Criminal Chamber Decisions

Council of State Decision

Plenary Session of the Administrative Law Chamber Decision

Council of State Chamber Decision

Turkish Constitutional Court Decisions

Current Legislation

Law Codes

Abstracts of Official Gazette

Major Informations

ORDERING FORM FOR THE LEGAL LAW JOURNALS

Index of Supreme Court Decisions Related Year 2013

Index of Related Legal Terms

Index of Related Law Code Articles

SUBSCRIPTION FORM FOR THE LEGALBANK LEGAL 
DATABASE

 

 

 

Dergimiz Hakkında/About Our Journal

Legal Hukuk Dergisi (LHD), ayda bir yayımlanan hakemli bir dergidir. 2003 yılından beri yayın hayatını sürdürmekte olan dergide hakem denetiminden geçmiş makaleler, karar tahlilleri, içtihat ve mev­zuat kronikleri ile eser incelemelerine yer veril­mektedir. Her sayıda Türk ve yabancı akademisyenler ve hukuk uygulamacıları tarafından kaleme alınan, hukuk ile ilgili değerli eserler yayımlanmaktadır.

Okuyucularımızın göndereceği hukuk alanına ilişkin makaleler ve diğer türdeki eserlerle (karar tahlilleri, eser incelemeleri vb.), dergimizin daha da zenginleşeceğine inanıyoruz.

 

Legal Journal of Law (LHD) is a peer reviewed journal published per month, concentrating on issues of law and considers for publication articles, case notes and comments, discussions of legislative developments and book reviews. It has been in publication since 2003. Each issue contains scholarly works concerning law bulletin/journal, authored by scholars and practitioners around the globe.

We welcome your contributions in the form of articles, notes, comments or reviews on topics reflecting a broad range of perspectives on law; with your contributions and support our journal will progress.