Abdulkadir

Assoc. Prof. Dr.

Dynamics of Swedish Political Constitutionalism: Towards a Transition to Legal Constitutionalism

Ekin

The Applicable Law to Proprietary Issues on Digital Assets considering Recent Developments: Lex rei Sitae or Not?

Onur

Cemile

Assist. Prof. Dr.

Principle of Restrained Exercise of Rights: Origins, Legal Basis and Applications in Civil Law and Company Law

Yasin

Legal Maxims in Ottoman Law (Literature and Functions)

Artür

Re-thinking Part-Time Employment Contracts under Turkish Law within the context of Divisible Monetary Benefits and Especially Concerning Remuneration for Additional Hours considering the Court of Justice of the European Union’s Case Law

İlayda

Legal Effects of the Use of Artificial Intelligence Tools by  Administration in the Zoning Plan Process of Preparation   and Implementation

Zeynep

Preventing Sex Crimes In The Usa Federal Sex Offender Laws

Nilgün

Assist. Prof.

The entitlement of the spouse for participation in the surplus, which constitutes a statutory claim, merely requires that the acquisitions were made during the matrimonial regime of participation in acquisitions (Errungenschaftsbeteiligung). Established case law affirms that this right to participate in the surplus does not depend on whether the spouse contributed directly or indirectly to asset acquisition during the marriage. In other words, the spouse’s involvement in wealth creation is irrelevant in determining their entitlement to a statutory share. This reflects a broad principle of the ordinary matrimonial property regime, which regulates that acquisitions made during the marriage are subject to a participation share for the other spouse.Furthermore, the judge has no discretion to reduce the participation share based on divorce grounds other than those narrowly specified in Article 236/2 of the Turkish Civil Code (TCC), namely, adultery and endangerment of life. Due to the established case law, this restriction applies even if considerations of equity arise.Overall, it becomes clear that a revision of Article 236/2 TCC is necessary to address the issues of inequity. The underlying assumption of the provision, that both spouses have equally contributed to the family’s welfare regardless of the nature of their contributions and have thus jointly acquired the assets, should also be reflected in its application. This implies that the statutory claim can only be upheld if this presumption is not rebutted in the individual case.In exceptional cases of extreme inequity—where, for instance, one spouse has clearly abused their position or has not contributed at all to the family’s welfare—the courts should have the discretion to deny the participation share entirely. The current legal framework, however, lacks this flexibility, mandating that the participation claim be upheld even in clear cases of inequity unless one of the specific grounds in Article 236/2 TCC is met.Considering the boundaries of Article 236/2 TCC, the judge is not permitted to reduce or annul the participation of the culpable spouse. Established case law prohibits the application of Article 2/2 TCC to circumvent inequitable outcomes not addressed by Article 236/2 TCC. Therefore, even in case of abuse of rights, denying participation remains untenable under the consistent jurisprudence of the Court of Cassation. A remedy could only be achieved through a statutory amendment.Article 236 TCC urgently requires revision. The criticism of the doctrine is more than justified. At the very least, Article 236/2 should be entirely abolished and, similarly to Swiss law, in extreme cases, equitable decisions should be made possible through Article 2/2 TCC. Alternatively, Article 236/ 2 TCC should be amended in&nbsp;&nbsp;such a way that the inconsistencies are rectified through a special provision, akin to § 1381 BGB or as already drafted and suggested in the doctrine. Such revisions would ensure that statutory provisions achieve their intended purpose: a fair participation in the acquisitions made during the marriage.In conclusion, it is evident that a revision of Article 236/2 TCC would effectively address the identified issues. Until an appropriate statutory change is enacted, judicial discretion should focus on reducing the participation share according to equity principles, rather than entirely eliminating it. Instead of a complete annulment of the participation claim, it would be more equitable to consider the marriage’s duration and each spouse’s contributions, and to reduce the participation in the other spouse’s surplus proportionally. Nonetheless, in cases of extreme inequity, the participation claim should be entirely denied.

Marital Share in Acquisitions under the Application of the Hardship Provision in  Article 236(2) of the Turkish Civil Code: A Comparative Legal Analysis

Doğukan

Res. Assist.

What Is Wrong With Sovereignty? A Critical Approach Through the  Limitations of Legal Violence

Esra

The Law Applicable to the Goodwill Indemnity Claims Arising  From Exclusive Distributorship Agreement Under Turkish Private  International Law

Şebnem

Social Media in Disciplinary Proceedings According to the Turkish  Employment Law

Fethi

Prof. Dr.

@JOURNAL_BOX_CURRENT

@JOURNAL_BOX_EARLYVIEW

Ayşe

The jurisprudence of the European Court of Human Rights bears a certain relevance to the national legal systems of the member states of the Council of Europe. Many decisions of the European Court of Human Rights pertain to the freedom of association of civil servants. In particular, the Grand Chamber’s decision of “Demir Baykara” is considered to be a cornerstone in this area. The Grand Chamber has decided in this case that the freedom of association under Article 11 of the European Convention on Human Rights includes the right to form a trade union and become a member of a trade union. It has been observed that Turkey is a party to many disputes brought before the European Court of Human Rights regarding the freedom of association of civil servants. The cases are related to the forming of unions, the temporary work stoppage of civil servants and the effective exercise of the right to freedom of assembly and association in the civil service. This study gives a brief overview of some decisions of the European Court of Human Rights in which the Court held that Turkey violated “the right to freedom of assembly and association” under Article 11 of the European Convention on Human Rights.&nbsp;In Turkish law, numerous legislative changes, including amendments to the Constitution, have taken place in recent years. The restrictions on freedom of association have been abolished step by step. The abolishment of the restrictions on&nbsp;freedom of association was initiated by individual efforts of citizens and trade unions in the civil service. In accordance with legal developments, trade union confederations can conclude collective agreements in the civil service, but their members are not allowed to strike. A right to strike is a foreign term to the Law on Trade Unions and Collective Agreements of Civil Servants No.4688. If the parties cannot agree upon and conclude a collective agreement, they must apply to the Arbitration Committee of Civil Servants and a protocol must be submitted thereto. The agreement concluded after negotiation with the Arbitration Committee of Civil Servants is binding as a collective agreement. Therefore, the Law on Trade Unions and Collective Agreements of Civil Servants No.4688, as well as the relevant legislation, needs to be revised. This need for reform has long been emphasized in the academic literature. This study outlines recent important legal developments regarding the right of civil servants to organize and to bargain collectively in Turkey.&nbsp;freedom of association was initiated by individual efforts of citizens and trade unions in the civil service. In accordance with legal developments, trade union confederations can conclude collective agreements in the civil service, but their members are not allowed to strike. A right to strike is a foreign term to the Law on Trade Unions and Collective Agreements of Civil Servants No.4688. If the parties cannot agree upon and conclude a collective agreement, they must apply to the Arbitration Committee of Civil Servants and a protocol must be submitted thereto. The agreement concluded after negotiation with the Arbitration Committee of Civil Servants is binding as a collective agreement. Therefore, the Law on Trade Unions and Collective Agreements of Civil Servants No.4688, as well as the relevant legislation, needs to be revised. This need for reform has long been emphasized in the academic literature. This study outlines recent important legal developments regarding the right of civil servants to organize and to bargain collectively in Turkey.&nbsp;The aim of this study is to represent the influence of these decisions on Turkish law and to describe the current law in Turkey in this context. The study concludes that it is still not possible to state that these recent developments are completely in coherence with the principles set forth in the decisions of the European Court of Human Rights.

An Overview of Legal Developments Regarding Freedom of Association of Civil Servants in Turkey in the Light of the Decisions of the European Court of Human Rights

İrem

Although the penalty clause is included in many contracts in practice today, it contains several controversial issues that are still waiting to be resolved both in the doctrine and in judicial decisions. One of these issues is the consequence of the penalty clause in the event of the transfer of receivables or in case the debt is assumed.&nbsp;The penalty clause is a provision requiring financial compensation, which is promised to be paid to the other party in the event of the contract is being breached, either partially or fully. In Turkish Law, the penalty clause is regulated in Article 179 and in the following sections of the Turkish Code of Obligations number 6098. The penalty clause appears as a debt in connection with the principal debt. The emergence, continuity and termination of the penalty clause depends on the existence of the principal debt. The transfer of the receivable is regulated between Articles 183 and 194 of the Turkish Code of Obligations number 6098. Because of its accessory nature the penalty clause has significant consequences. One of these is the transfer of authority to demand a penalty clause of the new owner of the receivable in the event of the transfer of the said receivable. The Swiss and German doctrines have for many years placed an emphasis on the transfer of the receivable within the framework of the penalty clause. In this context, however, there are no obvious regulations in Turkish Law. Thus, many different views have arisen on the matter. The focus is set on whether the penalty clause can be transferred independently of the principal receivable. Moreover, many different opinions have also emerged about which creditor has the right to demand a penalty clause. The issue is generally handled depending on whether the penalty clause is due. Our present study focuses specifically on this latter detail.&nbsp;In the event of the transfer of the principal receivable, the penalty clause which is not yet due will also be transferred to the transferee together with the principal receivable. The matter of transferring the penalty clause to a third party independently of the principal receivable before it is due is controversial. After the penalty clause is due, the principal-accessory debt relationship with the principal debt disappears. In this case, since the penalty clause turns into an independent receivable, the penalty clause does not have to pass onto the transferee when the principal receivable is transferred. In the event of the transfer of the receivable, a distinction should be made taking into account the general principles regarding whether the penalty clause can be transferred independently before or after it is due. Therefore, before the penalty clause is due, an interpretation should be made by paying attention to the fact that it has the accessory nature. In our study, our opinion on the controversial issues is explained in detail within the boundaries of this interpretation.Turkish Code of Obligations number 6098. If the debt is assumed, the accessory nature of the penalty clause comes to the fore regarding the status of the penalty clause. According to Article 198/1 of the TBK, the rights of the creditor other than those related to the personality of the debtor will be reserved even if the debtor has changed. This conclusion does not raise any doubt that the person who assumes the debt will be liable if the penalty clause is due after the debt is assumed. An important issue to address in terms of assuming the debt is whether or not it is possible for a third-party to assume the penalty clause, which has not been due yet, independently of the principal debt. Also, an interpretation should be made by paying attention to the accessory nature of the penalty clause in the controversial areas previously mentioned about assuming the debt. Before the penalty clause is due, it is not possible to independently assume this due to the accessory nature of the penalty clause. On the other hand, the penalty clause continues its existence as an independent debt after it is due. In this case, it is possible to assume it separately from the principal debt. In our study, an attempt was made to find a solution to the controversial issues on assuming debt by taking the German and Swiss Laws into account.It should be noted that an interpretation should be made without forgetting that the penalty clause is an accessory debt if the receivable is transferred or the debt is assumed. When this method is pursued, it will be possible to obtain consistent results in terms of the effect of the transferred receivable or assumed debt on both the penalty clause which is due and the penalty clause which has not been due yet.In our study, the accessory nature of the penalty clause will first be discussed. Then, the opinions put forward on the subject in the Turkish, Swiss and German doctrines will be included. And finally, we will state our opinion focusing on the accessory nature of the penalty clause on the controversial issues.

The Effect of the Transfer of Receivables or Assumption of Debt to the Penalty Clause

@JOURNAL_BOX_FEATURED

Volkan

Executive Decree Authority in Turkey Before the Constitutional Amendments of 2017: In Light of the Turkish Constitutional Court’s Retreat

The Principle of “Ultima Ratio” in Termination of Employment Contract in Turkish Labour Law

@JOURNAL_BOX_MOSTREAD

Annales de la Faculte de Droit d’Istanbul has been an open access, peer-reviewed, scholarly journal published by İstanbul University, Faculty of Law. since 1951. As of the year 2023, it has started to be published two times a year, these publication months being March and September. The journal aims to publish high quality articles and thus contribute to the accumulation and dissemination of knowledge in the field. 
The journal is a well-known and long-standing peer-reviewed academic journal that reviews the latest evolutions in and developments in the legal field since 1951. The approach of the Journal is a comparative one and accordingly will focus on not only Turkish domestic law but also German, Swiss, French, European Union and Anglo-American laws as well as all fields of international law. It embraces work that is theoretical, empirical, socio-legal, doctrinal or comparative that relates to any legal systems. Each edition of the Annales contains significant theoretical contributions while also being a dossier of information on the cross-cultural application of a specific area of law. Annales also publishes both translated texts of Turkish relevant legislation. It is worth noting that Turkey becomes very important actor in the process of enlargement of EU and the regional leader in the Middle East and Asia Minor. Annales is the leading forum for research and discussion of the law and legal systems of these regions. Thus, the Annales with its Editorial Board including both national and international leading experts is the magnet for all legal scholars working in this region.

Faruk Kerem

Scopus

EBSCO

ERIH PLUS

TR Dizin

DOAJ

Gale Cengage

Ulrichsweb

@METRIC_VOLUMES

@METRIC_ISSUES

@METRIC_ARTICLES

@METRIC_OPENACCESS

Annales de la Faculté de Droit d’Istanbul

@INFO_TAB_ABOUT

Editor in Chief

Co Editor in Chief

Editorial Assistant

Ethics Editor

Publicity Manager

Language Editor

Editorial Board Member

@INFO_TAB_BOARDS

Annales de la Faculté de Droit d’Istanbul aims to publish high quality articles and thus contribute to the accumulation and dissemination of knowledge in the field.Annales de la Faculte de Droit d’Istanbul is a well-known and long-standing peer-reviewed and international academic journal that reviews the latest evolutions in and developments in the legal field since 1951. The approach of the Journal is a comparative one and accordingly will focus on not only Turkish domestic law but also German, Swiss, French, European Union and Anglo-American laws as well as all fields of international law. It embraces work that is theoretical, empirical, socio-legal, doctrinal or comparative that relates to any legal systems. Each edition of the Annales contains significant theoretical contributions while also being a dossier of information on the cross-cultural application of a specific area of law. Annales also publishes both translated texts of Turkish relevant legislation. It is worth noting that Turkey becomes very important actor in the process of enlargement of EU and the regional leader in the Middle East and Asia Minor. Annales is the leading forum for research and discussion of the law and legal systems of these regions. Thus, the Annales with its Editorial Board including both national and international leading experts  is the magnet for all legal scholars working in this region.Priority will be given to authors who will present original perspective on legal issues as described above. However, it is open for all scholars around the world to contribute to the Annales. The editorial board will be pleased to receive submissions from foreign scholars all over the world.

Aim and Scope

<ul><li>SCOPUS</li><li><a href="https://app.trdizin.gov.tr/publication/journal/detail/TnpJeU1nPT0" target="_blank">​TR Index</a></li><li>DOAJ</li><li>EBSCO Central &amp; Eastern European Academic Source </li><li>Erih Plus</li><li><a href="https://go.gale.com/ps/dispAdvSearch.do?userGroupName=anon~84c5a0c7&amp;prodId=AONE" target="_blank">Gale Cengage</a> </li><li><a href="https://about.proquest.com/en/products-services/Ulrichsweb/" target="_blank" style="font-size: 14.6667px;">Ulrichsweb</a> </li></ul>

Indexing and Abstracting

The journal is committed to upholding the highest standards of publication ethics and pays regard to Principles of Transparency and Best Practice in Scholarly Publishing published by <a href="https://publicationethics.org/" target="_blank">the Committee on Publication Ethics (COPE)</a>, <a href="https://doaj.org/apply/transparency/#principles-of-transparency-and-best-practice-in-scholarly-publishing" target="_blank">the Directory of Open Access Journals (DOAJ)</a>, <a href="https://oaspa.org/" target="_blank">the Open Access Scholarly Publishers Association (OASPA)</a>, and the World Association of Medical Editors (WAME) on <a href="https://publicationethics.org/resources/guidelines-new/principles-transparency-and-best-practice-scholarly-publishing" target="_blank">https://publicationethics.org/resources/guidelines-new/principles-transparency-and-best-practice-scholarly-publishing</a> The subjects covered in the manuscripts submitted to the Journal for publication must be in accordance with the aim and scope of the Journal. Only those manuscripts approved by every individual author and that were not published before in or sent to another journal, are accepted for evaluation.Changing the name of an author (omission, addition or order) in papers submitted to the Journal requires written permission of all declared authors.Plagiarism, duplication, fraud authorship/denied authorship, research/data fabrication, salami slicing/salami publication, breaching of copyrights, prevailing conflict of interest are unethical behaviors. All manuscripts not in accordance with the accepted ethical standards will be removed from the publication. This also contains any possible malpractice discovered after the publication. Plagiarism Submitted manuscripts that pass preliminary control are scanned for plagiarism using iThenticate software. If plagiarism/self-plagiarism will be found authors will be informed. Editors may resubmit manuscript for similarity check at any peer-review or production stage if required. High similarity scores may lead to rejection of a manuscript before and even after acceptance. Depending on the type of article and the percentage of similarity score taken from each article, the overall similarity score is generally expected to be less than 15 or 20%. Double Blind Peer-Review After plagiarism check, the eligible ones are evaluated by the editors-in-chief for their originality, methodology, the importance of the subject covered and compliance with the journal scope. The editor provides a fair double-blind peer review of the submitted articles and hands over the papers matching the formal rules to at least two national/international referees for evaluation and gives green light for publication upon modification by the authors in accordance with the referees’ claims.

Policies

The journal is an open access journal and all content is freely available without charge to the user or his/her institution. Except for commercial purposes, users are allowed to read, download, copy, print, search, or link to the full texts of the articles in this journal without asking prior permission from the publisher or the author. This is in accordance with the <a href="https://www.budapestopenaccessinitiative.org/read" target="_blank">BOAI</a> definition of open access.The open access articles in the journal are licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International (<a href="https://creativecommons.org/licenses/by-nc/4.0/deed.en" target="_blank">CC BY-NC 4.0</a>) license.

All expenses of the journal are covered by the Istanbul University. Processing and publication are free of charge with the journal. There is no article processing charges or submission fees for any submitted or accepted articles.

Authors publishing with the journal retain the copyright to their work licensed under the Creative Commons Attribution-NonCommercial 4.0 International license (<a href="https://creativecommons.org/licenses/by-nc/4.0/" target="_blank">CC BY-NC 4.0</a>) (<a href="https://creativecommons.org/licenses/by-nc/4.0/" target="_blank">https://creativecommons.org/licenses/by-nc/4.0/</a> ) and grant the Publisher non-exclusive commercial right to publish the work. CC BY-NC 4.0 license permits unrestricted, non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Editor should consider publishing correction if minor errors that do not effect the results, interpretations and conclusions of the published paper are detected. Editor should consider retraction if major errors and/or misconduction that invalidate results and conclusions are detected.Editor should consider issuing an expression of concern if there is evidence of research or publication misconduct by the authors; there is evidence that the findings are not reliable and institutions of the authors do not investigate the case or the possible investigation seems to be unfair or nonconclusive. The guidelines of <a href="https://publicationethics.org/resources/flowcharts/complete-set-english" target="_blank">COPE</a> and <a href="https://www.icmje.org/recommendations/" target="_blank">ICJME</a> are taken into consideration regarding correction, retractions or expression of concern.RetractionJournal follows <a href="https://publicationethics.org/sites/default/files/retraction-guidelines-cope.pdf" target="_blank">COPE’s Retraction Guidelines</a> in case of retraction. The editor has the right to retract an article if: <ul><li>There is clear evidence that the findings are unreliable; either as a result of a major error (e.g. miscalculation or experimental error), or as a result of fabrication (e.g. of data) or falsification (e.g. image manipulation).</li><li>It contains plagiarised content. </li><li>It has been published elsewhere without proper attribution. </li><li>It contains material or data without authorisation for use.</li><li>There is copyright infringement or there is some other serious legal issue.</li><li>It reports unethical research. </li><li>There is evidence that the peer-review process is compromised or manipulated.</li><li>The author(s) failed to disclose a significant competing interest (also known as a conflict of interest) that, in the opinion of the editor, would have unduly influenced the interpretation of the work or the recommendations of the editors and peer reviewers.</li></ul>In case of retraction the following steps are followed:<ul><li>Retraction notice including article title is published in a subsequent issue of the journal. The retraction notice is paginated and listed in the table of contents. </li><li>A link is provided between the retraction notice and the original article in the electronic version. </li><li>The online article is preceded by a page containing the retraction notice; the reader can then proceed to the article itself.</li><li>The original article remains unchanged, except for a watermark on the .pdf on each page stating that it has been &#34;retracted”.</li></ul>Article Removal for Legal ReasonsIn the following circumstances, except the metadata (title and authors), the text of the article is removed and a page informing that the article has been removed for legal reasons replaces the article. <ul><li>The article is found to be defamatory or to infringe the legal rights of others, and retraction is not deemed to be an adequate solution.</li><li>The article has been, or is reasonably likely to be the subject of a court order.</li><li>There is a significant risk to public health. </li></ul>

To guarantee that all papers published in the journal are maintained and permanently accessible, articles are stored in Dergipark which serves as a  national archival web site and at the same time permits LOCKSS to  collect, preserve, and serve the content.Additionally, authors are encouraged to self-archive the final PDF version of their articles in open electronic archives with  that conform to standards of Open Archives Initiative (<a href="https://www.openarchives.org/" target="_blank">https://www.openarchives.org/</a>). Authors should provide a link from the deposited version to the URL of IUPress journal website.

The Artificial Intelligence Policy, prepared in light of developments in artificial intelligence (AI) and practices in scholarly publishing, sets out the editorial and ethical principles that authors, reviewers, and editors should follow when using such technologies. The following sources have been considered in the preparation of the AI policy:Committee on Publication Ethics <a href="https://publicationethics.org/guidance/cope-position/authorship-and-ai-tools" target="_blank">(COPE) - Authorship and AI tools</a>; International Committee of Medical Journal Editors <a href="https://www.icmje.org/recommendations/browse/roles-and-responsibilities/defining-the-role-of-authors-and-contributors.html#four" target="_blank">(ICMJE) - Artificial Intelligence (AI)-Assisted Technology; World Association of Medical Editors  (WAME) Chatbots, Generative AI, and Scholarly Manuscripts</a><a href="https://www.icmje.org/recommendations/browse/roles-and-responsibilities/defining-the-role-of-authors-and-contributors.html#four"></a>AI-assisted technologies (such as large language models [LLMs], chatbots, or image generators) can develop and produce a wide variety of content, including text, images, audio, and synthetic data. When used ethically and safely, these capabilities can increase productivity and foster innovation, but when used without human guidance, they pose risks such as inaccurate and biased results, omissions and errors in citations, deficiencies in protecting privacy and intellectual property rights, and potential violations of authors' and publishers' rights. IUPress adopts the following core principles to avoid these risks in the use of AI:  <ul><li>Details of any AI used in the production of content (including but not limited to text, figures, images, and code) must be declared and clearly explained in the appropriate section of the paper (as an acknowledgement and/or in the methods section). </li><li>No AI tool may be listed as an author in any scientific paper. </li><li>Authors are responsible for the accuracy, completeness, and originality of their work, even if AI is used in any way; they are responsible for the proper referencing and attribution of others' ideas, data, words, or other materials. </li><li>Reviewers and editors must not upload submitted work, in whole or in part, to any generative AI application.</li></ul>In the editorial processes of IUPress publications, tools are available to assist editors in identifying AI-generated content. On the other hand, it is common to use AI tools that provide suggestions for improving and enhancing readability, language, and grammar, and such AI tools can be used in IUPress publications under the supervision of editors and authors.

Artificial Intelligence Policy

<ul><li>Authors are required to declare if they have used AI-assisted technologies (such as large language models [LLMs], chatbots, or image generators) in the creation of their submitted work. </li><li>Authors should explain, both in the cover letter and in the appropriate section of the submitted paper (as a footnote and/or in the methods section), which AI tool and which version of it they have used and for what purpose. </li><li>Authors should also indicate how they used the AI tool and how they assessed the validity of the results obtained using this technology, and what aspects of the paper, manuscript content, data or supporting files were influenced by the use of the AI tool or were generated by AI.</li><li>It is the authors' responsibility to ensure the accuracy, validity and appropriateness of content and citations generated by AI-assisted technologies and to eliminate potential errors, inconsistencies and biased results. </li><li>Authors should always check the original sources to eliminate possible plagiarism, recognising that there is a potential for plagiarism in texts produced with AI-assisted technologies. They should confirm that they have checked and that the sources are original.  </li><li>AI-assisted tools (such as ChatGPT) cannot be listed as authors because they cannot be responsible for the accuracy, integrity, and originality of the work, and these responsibilities are essential to authorship. Therefore, authors are responsible for all material involving the use of AI-assisted technologies. Authors should ensure that all statements in the article that state the hypotheses, interpretations, conclusions, limitations, and implications of the study represent their own opinions.  </li><li>Studies created by authors using AI tools in the following ways, which substitute for the basic researcher's and author's responsibilities, violate the principles of scientific publishing and publication ethics, and such studies are not eligible for inclusion in publications: </li></ul><ul><ul><li>Generation of text or code without rigorous review, </li><li>Generation of synthetic data to replace missing data without a robust methodology, </li><li>Creation of any inaccurate, synthetic content, including abstracts or supplementary materials, </li><li>Creation and manipulation of images and figures (pictures, graphs, data tables, medical images, image snippets, computer codes and formulae) or original research data (enhancing, hiding, moving, removing or adding a particular feature within an image or figure) using AI.</li></ul></ul>

It is essential to maintain confidentiality in the peer review process and not to share or use the reviewed work in this process. <a href="https://publicationethics.org/sites/default/files/ethical-guidelines-peer-reviewers-cope.pdf" target="_blank">(COPE – Ethical Guidelines for Peer Reviewers</a>)<ul><li>Reviewers should not upload a manuscript or part of a manuscript submitted to them for review to generative AI tools or large language models to assist in the review, evaluation or decision-making process, as uploading content to such AI tools by reviewers violates the authors' privacy and property rights.  </li><li>Reviewing a scientific paper is a responsibility that can only be undertaken by human beings. The critical thinking and original evaluation required for peer review is beyond the scope of this technology, and there is a risk that the technology will produce inaccurate, incomplete or biased conclusions about the paper. The peer review report and decision letters should reflect the personal assessment of the reviewers and editors of the submitted content. The reviewer is responsible and accountable for the content of his/her report. </li><li>AI tools may be used in a limited way to improve the quality of the language of the peer review report (for translation or language editing) in the context of peer review. If such use is made, the reviewer must declare the use when submitting the report. </li><li>Reviewers who suspect inappropriate or undisclosed use of generative AI in a submission should report their concerns to the editor.</li></ul>

Editors are obliged to ensure that the confidentiality of the manuscripts submitted to the journal is maintained during the evaluation process, and it is essential that the peer-reviewed work is not shared or used outside the parties involved in that process. (COPE - Code of Conduct and Best Practice Guidelines for Journal Editors) <a href="https://publicationethics.org/files/Code_of_conduct_for_journal_editors_Mar11.pdf" target="_blank">(COPE – Code of Conduct and Best Practice Guidelines for Journal Editors)</a>.<ul><li>Editors should not upload a submitted article, or any part of it, to generative Artificial Intelligence tools or Big Language Models to assist in the review, evaluation or decision-making process, as this may violate authors' privacy and property rights. </li><li>Managing the editorial review of a scientific article implies responsibilities that can only be attributed to humans. Generative AI or AI-assisted technologies should not be used by editors to assist in the evaluation or decision-making process of an article, as the critical thinking and original evaluation required for this task is beyond the scope of this technology and there is a risk that the technology will produce inaccurate, incomplete or biased conclusions about the article. The editor is responsible and accountable for the editorial process, the final decision and its communication to the authors.</li><li>Editors should not use generative AI tools to compose decision letters or abstracts of unpublished research. </li><li>Editors may use generative AI tools to help find appropriate reviewers.</li><li>If editors suspect the use of generative AI in a submitted manuscript or a submitted referee report, they should conduct an editorial review of the matter and consider the policy.</li></ul>

<div style="text-align: left;">Annales de la Faculté de Droit d’Istanbul is committed to upholding the highest standards of publication ethics and pays regard to Principles of Transparency and Best Practice in Scholarly Publishing published by <a href="https://publicationethics.org/" target="_blank">the Committee on Publication Ethics (COPE)</a>, <a href="https://doaj.org/apply/transparency/#principles-of-transparency-and-best-practice-in-scholarly-publishing" target="_blank">the Directory of Open Access Journals (DOAJ)</a>, <a href="https://oaspa.org/" target="_blank">the Open Access Scholarly Publishers Association (OASPA)</a>, and <a href="https://www.wame.org/" target="_blank">the World Association of Medical Editors (WAME)</a> on <a href="https://publicationethics.org/resources/guidelines-new/principles-transparency-and-best-practice-scholarly-publishing" target="_blank">https://publicationethics.org/resources/guidelines-new/principles-transparency-and-best-practice-scholarly-publishing</a></div>All parties involved in the publishing process (Editors, Reviewers, Authors and Publishers) are expected to agree on the following ethical principles.All submissions must be original, unpublished (including as full text in conference proceedings), and not under the review of any other publication synchronously. Each manuscript is reviewed by one of the editors and at least two referees under double-blind peer review process. Plagiarism, duplication, fraud authorship/denied authorship, research/data fabrication, salami slicing/salami publication, breaching of copyrights, prevailing conflict of interest are unnethical behaviors.All manuscripts not in accordance with the accepted ethical standards will be removed from the publication. This also contains any possible malpractice discovered after the publication. In accordance with the code of conduct we will report any cases of suspected plagiarism or duplicate publishing.

Ethics

The journal adheres to the highest standards in research ethics and follows the principles of international research ethics as defined below. The authors are responsible for the compliance of the manuscripts with the ethical rules. - Principles of integrity, quality and transparency should be sustained in designing the research, reviewing the design and conducting the research. - The research team and participants should be fully informed about the aim, methods, possible uses and requirements of the research and risks of participation in research. - The confidentiality of the information provided by the research participants and the confidentiality of the respondents should be ensured. The research should be designed to protect the autonomy and dignity of the participants. - Research participants should participate in the research voluntarily, not under any coercion. - Any possible harm to participants must be avoided. The research should be planned in such a way that the participants are not at risk. - The independence of research must be clear; and any conflict of interest or must be disclosed. - In experimental studies with human subjects, written informed consent of the participants who decide to participate in the research must be obtained. In the case of children and those under wardship or with confirmed insanity, legal custodian’s assent must be obtained. - If the study is to be carried out in any institution or organization, approval must be obtained from this institution or organization. - In studies with human subject, it must be noted in the method’s section of the manuscript that the informed consent of the participants and ethics committee approval from the institution where the study has been conducted have been obtained.

It is authors’ responsibility to ensure that the article is in accordance with scientific and ethical standards and rules. And authors must ensure that submitted work is original. They must certify that the manuscript has not previously been published elsewhere or is not currently being considered for publication elsewhere, in any language. Applicable copyright laws and conventions must be followed. Copyright material (e.g. tables, figures or extensive quotations) must be reproduced only with appropriate permission and acknowledgement. Any work or words of other authors, contributors, or sources must be appropriately credited and referenced.All the authors of a submitted manuscript must have direct scientific and academic contribution to the manuscript. The author(s) of the original research articles is defined as a person who is significantly involved in “conceptualization and design of the study”, “collecting the data”, “analyzing the data”, “writing the manuscript”, “reviewing the manuscript with a critical perspective” and “planning/conducting the study of the manuscript and/or revising it”. Fund raising, data collection or supervision of the research group are not sufficient roles to be accepted as an author. The author(s) must meet all these criteria described above. The order of names in the author list of an article must be a co-decision and it must be indicated in the <a href="https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/A210D21E5AF8458AB8893966D5E58CE9" target="_blank">Copyright Agreement Form.</a>The individuals who do not meet the authorship criteria but contributed to the study must take place in the acknowledgement section. Individuals providing technical support, assisting writing, providing a general support, providing material or financial support are examples to be indicated in acknowledgement section.All authors must disclose all issues concerning financial relationship, conflict of interest, and competing interest that may potentially influence the results of the research or scientific judgment. When an author discovers a significant error or inaccuracy in his/her own published paper, it is the author’s obligation to promptly cooperate with the Editor-in-Chief to provide retractions or corrections of mistakes.

Editor evaluates manuscripts for their scientific content without regard to ethnic origin, gender, citizenship, religious belief, political or philosophy of the authors. He provides a fair double-blind peer review of the submitted articles for publication. He ensures that all the information related to submitted manuscripts is kept as confidential before publishing.Editor is responsible for the contents and overall quality of the publication. He must publish errata pages or make corrections when needed.Editor does not allow any conflicts of interest between the authors, editors and reviewers. Only he has the full authority to assign a reviewer and is responsible for final decision for publication of the manuscripts in the Journal.Reviewers evaluate manuscripts based on content without regard to ethnic origin, gender, citizenship, religious belief, political or philosophy of the authors. They must have no conflict of interest with respect to the research, the authors and/or the research funders. Their judgments must be objective.Reviewers should identify the relevant published work that has not been cited by the authors. They must ensure that all the information related to submitted manuscripts is kept as confidential and must report to the Editor if they are aware of copyright infringement and plagiarism on the author’s side.A reviewer who feels unqualified to review the topic of a manuscript or knows that its prompt review will be impossible should notify the Editor and excuse himself from the review process.The editor informs the reviewers that the manuscripts are confidential information and that this is a privileged interaction. The reviewers and editorial board cannot discuss the manuscripts with other persons. The reviewers are not allowed to have copies of the manuscripts for personal use and they cannot share manuscripts with others. Unless the authors and editor permit, the reviews of referees cannot be published or disclosed. The anonymity of the referees is important. In particular situations, the editor may share the review of one reviewer with other reviewers to clarify a particular point.

Only those manuscripts approved by its every individual author and that were not published before in or sent to another journal, are accepted for evaluation.Submitted manuscripts that pass preliminary control are scanned for plagiarism using iThenticate software. After plagiarism check, the eligible ones are evaluated by editor-in-chief for their originality, methodology, the importance of the subject covered and compliance with the journal scope.The editor hands over the papers matching the formal rules to at least two national/international referees for double-blind peer review evaluation and gives green light for publication upon modification by the authors in accordance with the referees’ claims.

Peer Review

Only those manuscripts approved by its every individual author and that were not published before in or sent to another journal, are accepted for evaluation.Submitted manuscripts that pass preliminary control are scanned for plagiarism using iThenticate software. After plagiarism check, the eligible ones are evaluated by Editor-in-Chief for their originality, methodology, the importance of the subject covered and compliance with the journal scope. Editor-in-Chief evaluates manuscripts for their scientific content without regard to ethnic origin, gender, citizenship, religious belief or political philosophy of the authors and ensures a fair double-blind peer review of the selected manuscripts.The selected manuscripts are sent to at least two national/international external referees for evaluation and publication decision is given by Editor-in-Chief upon modification by the authors in accordance with the referees’ claims.Editor-in-Chief does not allow any conflicts of interest between the authors, editors and reviewers and is responsible for final decision for publication of the manuscripts in the journal.Reviewers’ judgments must be objective. Reviewers’ comments on the following aspects are expected while conducting the review.- Does the manuscript contain new and significant information?- Does the abstract clearly and accurately describe the content of the manuscript?- Is the problem significant and concisely stated?- Are the methods described comprehensively?- Are the interpretations and consclusions justified by the results?- Is adequate references made to other Works in the field?- Is the language acceptable?Reviewers must ensure that all the information related to submitted manuscripts is kept as confidential and must report to the editor if they are aware of copyright infringement and plagiarism on the author’s side.A reviewer who feels unqualified to review the topic of a manuscript or knows that its prompt review will be impossible should notify the editor and excuse himself from the review process.The editor informs the reviewers that the manuscripts are confidential information and that this is a privileged interaction. The reviewers and editorial board cannot discuss the manuscripts with other persons. The anonymity of the referees is important.

LanguageThe language of the journal is French, English and German.Manuscript Organization and SubmissionAll correspondence will be sent to the first-named author unless otherwise specified. Manuscpript is to be submitted online via http://dergipark.gov.tr/login  that can be accessed at <a href="https://dergipark.org.tr/tr/pub/iuafdi" target="_blank">https://dergipark.org.tr/tr/pub/iuafdi</a>  and it must be accompanied by a <a href="https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/23395E62482049DAB2BBDDDFA900A128" target="_blank">Title Page</a> specifying the article category (i.e. research article, review etc.) and including information about the manuscript (see the Submission Checklist). Manuscripts should be prepared in Microsoft Word 2003 and upper versions. In addition, <a href="https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/A210D21E5AF8458AB8893966D5E58CE9" target="_blank">Copyright Agreement Form</a> that has to be signed by all authors must be submitted.1.  The manuscripts should be in A4 paper standards: having 2.5 cm margins from right, left, bottom and top, Times New Roman font style in 12 font size and line spacing of 1.5. Due to double blind peer review, manuscript file must not include any information about the author. 2. <a href="https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/781AB284946D4F41A9F5AE3EBE578369" target="_blank">Title Page</a>  including author information must be submitted together with the manuscript. The title page is to include fully descriptive title of the manuscript and, affiliation, title, e-mail address, postal address, ORCIDs, phone and fax number of the author(s) (see The Submission Checklist).3.The manuscripts should contain mainly these components: title, abstract and keywords, sections,  references and, tables and figures.4. Before the introduction part, there should be abstract between 150-200 words both in the language of the article and in English summarizing the scope, the purpose, the results of the study and the methodology used. Underneath the abstracts, 3-5 keywords that inform the reader about the content of the study should be specified. For the manuscripts in French and German, an extended abstract of 600-800 words is required as well.5. Apart from research articles and reviews, reviews of judgements, legislation assessments and meeting notes are included within the journal.6. Research article sections are ordered as follows: “Introduction”, “Aim and Methodology”, “Findings”, “Discussion and Conclusion”, “Endnotes”, “References” and “Tables and Figures”. For review and commentary articles, the article should start with the “Introduction” section where the purpose and the method is mentioned, go on with the other sections; and it should be finished with “Discussion and Conclusion” section followed by “Endnotes”, “References” and “Tables and Figures”.7. Annales de la Faculté de Droit d’Istanbul offers two options of referencing style. Authors should use OSCOLA (See The References section in below). Accuracy of citation is the author’s responsibility. All references should be cited in text.8. If the manuscript includes a table or graphic, raw data must be submitted as a separate Excel file together with the manuscript Word file. Tables, graphs and figures should be given with a defining title and with a number if it is necessary to follow the idea of the article.9. It is accepted that the submitted manuscripts are in line with the journal’s rules. In case that violation of scientific research and ethical rules and too many writing errors are detected the manuscript would be rejected by the Editor and Editorial Board.10. Authors are responsible for all statements made in their work submitted to the journal for publication.11. The manuscripts submitted to the journal will not be returned whether they are published or not.

Author Guidelines

Reference Style and FormatAnnales de la Faculté de Droit d’Istanbul offers two options of referencing style. Authors should use OSCOLA OSCOLA (Oxford Standard for the Citation of Legal Authorities) is published by the University of Oxford and detail and examples about the style can be found at <a href="https://www.law.ox.ac.uk/research-subject-groups/publications/oscola" target="_blank">https://www.law.ox.ac.uk/research-subject-groups/publications/oscola</a>OSCOLA Reference ExamplesPrimary SourcesDo not use full stops in abbreviations. Separate citations with a semi-colon.CasesGive the party names, followed by the neutral citation, followed by the Law Reports citation (eg AC, Ch, QB). If there is no neutral citation, give the Law Reports citation followed by the court in brackets. If the case is not reported in the Law Reports, cite the All ER or the WLR, or failing that a specialist report.Corr v IBC Vehicles Ltd [2008] UKHL 13, [2008] 1 AC 884.R (Roberts) v Parole Board [2004] EWCA Civ 1031, [2005] QB 410.Page v Smith [1996] AC 155 (HL).When pinpointing, give paragraph numbers in square brackets at the end of the citation. If the judgment has no paragraph numbers, provide the page number pinpoint after the court.Callery v Gray [2001] EWCA Civ 1117, [2001] 1 WLR 2112 [42], [45].Bunt v Tilley [2006] EWHC 407 (QB), [2006] 3 All ER 336 [1]–[37].R v Leeds County Court, ex p Morris [1990] QB 523 (QB) 530–31.If citing a particular judge:Arscott v The Coal Authority [2004] EWCA Civ 892, [2005] Env LR 6 [27] (Laws LJ).Statutes and statutory instrumentsAct of Supremacy 1558.Human Rights Act 1998, s 15(1)(b).Penalties for Disorderly Behaviour (Amendment of Minimum Age) Order 2004, SI2004/3166.EU legislation and casesConsolidated Version of the Treaty on European Union [2008] OJ C115/13.Council Regulation (EC) 139/2004 on the control of concentrations between undertakings(EC Merger Regulation) [2004] OJ L24/1, art 5.Case C–176/03 Commission v Council [2005] ECR I–7879, paras 47–48.European Court of Human RightsOmojudi v UK (2009) 51 EHRR 10.Osman v UK ECHR 1998–VIII 3124.Balogh v Hungary App no 47940/99 (ECHR, 20 July 2004).Simpson v UK (1989) 64 DR 188.Secondary SourcesBooksGive the author’s name in the same form as in the publication, except in bibliographies, where you should give only the surname followed by the initial(s). Give relevant information about editions, translators and so forth before the publisher, and give page numbers at the end of the citation, after the brackets.Thomas Hobbes, Leviathan (first published 1651, Penguin 1985) 268.Gareth Jones, Goff and Jones: The Law of Restitution (1st supp, 7th edn, Sweet &amp;Maxwell 2009).K Zweigert and H Kötz, An Introduction to Comparative Law (Tony Weir tr, 3rd edn,OUP 1998).Contributions to edited booksFrancis Rose, ‘The Evolution of the Species’ in Andrew Burrows and Alan Rodger (eds),Mapping the Law: Essays in Memory of Peter Birks (OUP 2006).EncyclopediasHalsbury’s Laws (5th edn, 2010) vol 57, para 53.Journal articlesPaul Craig, ‘Theory, “Pure Theory” and Values in Public Law’ [2005] PL 440.When pinpointing, put a comma between the first page of the article and the page pinpoint.JAG Griffith, ‘The Common Law and the Political Constitution’(2001) 117 LQR 42, 64.Online journalsGraham Greenleaf, ‘The Global Development of Free Access to Legal Information’ (2010)1(1) EJLT &lt; http://ejlt.org//article/view/17 &gt; accessed 27 July 2010.Command papers and Law Commission reportsDepartment for International Development, Eliminating World Poverty: Building ourCommon Future (White Paper, Cm 7656, 2009) ch 5.Law Commission, Reforming Bribery (Law Com No 313, 2008) paras 3.12–3.17.Websites and blogsSarah Cole, ‘Virtual Friend Fires Employee’ (Naked Law, 1 May 2009)&lt;www.nakedlaw.com/2009/05/index.html&gt; accessed 19 November 2009.Newspaper articlesJane Croft, ‘Supreme Court Warns on Quality’ Financial Times (London, 1 July 2010) 3.

<div><a href="https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/A210D21E5AF8458AB8893966D5E58CE9" target="_blank">Copyright Agreement Form</a><a href="https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/781AB284946D4F41A9F5AE3EBE578369" target="_blank">Title Page</a><a href="https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/DE05EE09CF424EB7AB9BD47856FC5CCF" target="_blank">Author Form</a></div>

Ensure that the following items are present:-           Confirm that the category of the manuscript is specifed.-           Confirm that “the paper is not under consideration for publication in another journal”.-           Confirm that  disclosure of any commercial or financial involvement is provided.-           Confirm that last control for fluent English was done.-           Confirm that journal policies detailed in Information for Authors have been reviewed.-          Confirm that the references cited in the text and listed in the references section are in line with OSCOLA● <a href="https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/A210D21E5AF8458AB8893966D5E58CE9" target="_blank">Copyright Agreement Form</a> ● Permission of previous published material if used in the present manuscript● <a href="https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/781AB284946D4F41A9F5AE3EBE578369" target="_blank">Title Page</a>-          The category of the manuscript-          The title of the manuscript both in the language of article and in English-          All authors’ names and affiliations (institution, faculty/department, city, country),-          e-mail addresses-          Corresponding author’s email address, full postal address, telephone and fax number-          ORCIDs of all authors..-          Grant support (if exists)-          Conflict of interest (if exists)-          Acknowledgement (if exists)● Main manuscript document-          Important: Please avoid mentioning the author (s) names in the manuscript-          The title of the manuscript both in the language of article and in English-          Abstracts (150-200 words) both in the language of article and in English-          Key words: 3-5 words both in the language of article and in English-          Extended abstract in English if the manuscript is in French or German (600-800 words)-          References-          All tables, illustrations (figures) (including title, explanation, captions)

Issue Type	Regular
Editor(s)	Fethi Gedikli
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Full Text (PDF)
Front Pages (PDF)

Annales de la Faculté de Droit d’Istanbul

ISSUE 76, 2025

Dynamics of Swedish Political Constitutionalism: Towards a Transition to Legal Constitutionalism

The Applicable Law to Proprietary Issues on Digital Assets considering Recent Developments: Lex rei Sitae or Not?

Principle of Restrained Exercise of Rights: Origins, Legal Basis and Applications in Civil Law and Company Law

Legal Maxims in Ottoman Law (Literature and Functions)

Re-thinking Part-Time Employment Contracts under Turkish Law within the context of Divisible Monetary Benefits and Especially Concerning Remuneration for Additional Hours considering the Court of Justice of the European Union’s Case Law

Legal Effects of the Use of Artificial Intelligence Tools by Administration in the Zoning Plan Process of Preparation and Implementation

Preventing Sex Crimes In The Usa Federal Sex Offender Laws

Marital Share in Acquisitions under the Application of the Hardship Provision in Article 236(2) of the Turkish Civil Code: A Comparative Legal Analysis

What Is Wrong With Sovereignty? A Critical Approach Through the Limitations of Legal Violence

The Law Applicable to the Goodwill Indemnity Claims Arising From Exclusive Distributorship Agreement Under Turkish Private International Law

Social Media in Disciplinary Proceedings According to the Turkish Employment Law

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