Esra

Assoc. Prof.

Fracture of Shareholders’ Rights to Participate in Management in  Joint Stock Company: Establishment of Usufruct on the Share

@JOURNAL_BOX_EARLYVIEW

İpek

Res. Assist.

Contractual relationships in which the agent undertakes to conduct a particular business or provide certain services of the principal are known as “agency contracts” (TCO art. 502). The agency contract is a nominate contract under the Turkish Code of Obligations (TCO art. 502–504). The definition, scope, and obligations of the parties and the termination of the agency contract are expressly regulated in our law. Under this contract, the agent is obliged to conduct a certain business or provide certain services of the principal. However, the principal shall pay for the uses and expenses that the agent provides for the fulfillment of the order. If the contracting parties decide on remuneration or if there is a custom, it shall be added to the fee. When such general reasons for termination as performance or impossibility occur, the agency contract comes to an end. However, the reasons for the termination of the agency contract are not limited to these grounds. In the case of the contract section of the TCO alone, the characteristic grounds for termination of the agency contract are also regulated. Art. 512, which determines unilateral revocation right, is one of the best-known provisions of the TCO. Under this provision, the contracting parties are granted the right to terminate the agency contract at any time and without giving any reason. However, the second sentence of the provision imposes a time limit on the contracting parties. Accordingly, the contracting party that terminates the contract at any time is obliged to compensate the other party for damages because of the termination.Art. 512 of the TCO is considered a problematic regulation in the field of agency law because this provision has led to many discussions in legal doctrine and court decisions of Turkish and Swiss law. The first of these discussions concerns whether the provision is of an imperative or regulatory nature. If it is concluded that the provision is imperative, it is not possible for the parties to regulate the unilateral revocation right by contract and to condition the exercise of this right under some conditions. Conversely, if one concludes that TCO art. 512 is of a regulatory nature, the contracting parties may restrict or completely revoke the exercise of the unilateral revocation right.The second issue that is controversial and needs to be determined concerns the scope of the unilateral revocation right. Because of economic and technological developments or changes in the purposes of contracting parties, the parties choose to conclude the various contracts that are not regulated by law. Hence, according to the principle of freedom of contract (CRT art. 48, TCO art. 26), innominate contracts may arise that are not included in our law. The agency contract is general contracts for the management of another’s affairs. For this reason, it is pointed out that the provisions of the agency contract apply to innominate contracts for the management of the affairs of another, insofar as this provision is also suitable for their nature (TCO art. 502/2). The question whether art. 512 of the Turkish Code of Obligations applies only to simple agency contracts within the meaning of TCO art. 502 or to what extent it also includes innominate contracts for the management of the affairs of another must be answered.In this article, priority shall be given to innominate contracts in general and the relationship between innominate contracts and agency contracts. Then, in order to clarify the above two questions, the idea of the appropriate legislator to regulate TCO art. 512 has to be dealt with. Subsequently, by evaluating the expression and content of the provision of TCO art. 512, the discussions about its legal nature should be examined on the basis of legal doctrine and court decisions. Eventually, the legal nature of the unilateral revocation right and the question of its application to innominate contracts is to be assessed under a separate heading. The results achieved are generally to be discussed in the final section.

The Nature of The Revocation Right the Agency Contract and the Question of its  Application to the Innominate Contracts

Taner

Function and Features of the Modification Permit in Turkish Zoning  and Building Law

Deniz

IHL’s Remedies for the Legal Status Problem of the “Corporate Warriors”

Leila

Prof.

Renan

Private Military Companies and the Outsourcing of War: A Spark of  Destabilisation to the Global Security

Nevhis

Law No. 5846 on Intellectual and Artistic Works (the Turkish Copyright Act) regulates the author’s rights. According to Art. 8 the owner of a copyright is the creator of an intellectual or artistic work. Creators’ rights, such as exploitation rights and moral rights, are protected by the Law on Intellectual and Artistic Works from 1951. Moral rights are the right of making the work public (Art. 14), the right of determining the indication of the author’s name (Art. 15), the right of integrity (to prevent distortion and other alterations of the work; Art. 16), and the right of the author against possessors and owners of the work (Art. 17). Exploitation rights are the right to adapt (Art. 21), the right of reproduction (Art. 22), the right of distribution, the right of exhibition (Art. 24), and the right of broadcasting (Art. 25). There are several types of works protected by the Copyright Act: 1) linguistic and scientific works, 2) works of art, 3) musical works, and 4) cinematographic works.Since its amendment in 1995, the same act regulates related rights. Third persons have to be granted sub-licences in whole or in part for utilisation rights. In the case of infringement of a right of exploitation or a moral right, the creator can apply to the Court of Copyrights for legal protection, which was established as a specialised court of civil law in 1995. Authors and related rights holders can request compensation (Art. 70) and make claims for preventing infringement and for restitution, or just bring an action for a declaratory judgment.&nbsp;Copyright law practice in Turkey is still vibrant. The establishment of a specialised court for copyright law proposals might also be said to contribute to the development of authors’ rights. Court-granted preliminary injunctions are the core of the protection of authors and related rights holders. The amendment of the Civil Procedure Act and the newly established Appeal Court must be welcomed. Copyrights ensure that creators have control over the exploitation of their works. In order to gain an understanding of the origin of copyrights, we have to postulate a theory. Many authors have proposed theories of the origin of copyrights, including the theory of intellectual property, the theory of personality rights, the monistic theory, the theory of publishers’ property, and the principle of creativity. The principle of creativity has become dominant with the Law on Intellectual and Artistic Works (Art. 8). One of the most frequently discussed topics among Turkish copyright lawyers is the definition of creativity as the subject of protection of a work.The rights of ownership were not known in the early Middle Ages. The human being was accepted as a creation of God, so human creators did not have the right of determining the indication of their own names.The rights of ownership were not known in the early Middle Ages. The human being was accepted as a creation of God, so human creators did not have the right of determining the indication of their own names.

Copyright Law Practice in Turkey

Emre

Reconsidering the Issues Regarding Validity of Arbitration  Agreements Referring to Non-Existing Arbitral Institutions or  Including Uncertain References to Arbitral Institutions and the  Turkish Experience

Fatih

Complex (Multi-Party and Multi-Contract) Arbitrations in Articles  7-10 of ICC Arbitration Rules

Leyla

Ayça

Privacy Screening of Online Game Platforms: A Case Study of  “Gamecell”

Jacob

When public authorities aim to promote sport, they may decide to direct funding either towards specific entities or rather towards specific activities. This paper will discuss the concepts underpinning these two policy options, as well as some of their implications. The choice is one between the ‘traditional’ policy style, where public funds follow specific legal entities, and an ‘alternative’ style where funding is made available contingent upon compliance with a set of policy-related objectives, such as public health, participation, etc. While the ‘traditional’ approach allows funds to be distributed using simplified, largely discretionary procedures, the ‘alternative’ policy style requires open, transparent calls for proposals and evidence-based decisionmaking. In its English Bridge Union ruling, the CJEU held that, for the purpose of VAT exoneration, a sporting activity must present a high degree of physical activity. In ruling thus, the Court had chosen to set aside the opinion of AG Szpunar, who had recommended making exoneration contingent upon recognition of the sports organisations concerned by worldwide sports governing bodies (SGBs) such as the International Olympic Committee (IOC) SportAccord. That the Court chose the ‘physical activity’ criterion instead, is evocative of an approach closer to the ‘alternative’ policy option proposed in this paper, while the AG’s recommendation was far more in line with the ‘traditional’ sports policy style, where certain sporting NGOs typically enjoy a privileged, pre-qualitified status, in many cases based on a decades-long legacy. The national legal framework of France is another illustrative example of this regulatory approach, including because it effectively enshrines the monopolistic ‘one federation principle’, of territorial exclusivity, which SGBs have enounced and with which they expect their national members (SGBs organising their sport within their own country) to comply, including by enforcing it vis-à-vis their members (clubs, athletes). As part of a European Commission antitrust investigation, this principle was recently found incompatible with Art. 101 TFEU. The ‘alternative’ approach to public funding of sports does not present such compliance challenges, though it requires solid administrative practice. Such practice, in turn, requires standards which can be applied across the board, such as the 2008 EU Pysical Activity Guidelines. This document has formed the basis for an EU soft-law process, aimed at providing Health-Enhancing Physical Activity (HEPA), including, but not limited to, organised, competitive sports, to the entire population. The national sports policies of EU Member States are not always HEPA-based, as illustrated by the national legal framework of Denmark, which provides for the automatic channelling of important amounts of funding, generated mainly by sports lotteries, towards pre-determined heritage NGOs. Other examples of a non-HEPA sports policy style include the organisation of the Olympic Summer Games in Athens (2004) and London (2012), the FIFA World Cup in Germany (2006) or the UEFA Euro in Portugal (2004). These practices have come under criticism for draining public funds, which explains why the&nbsp;Sport Ministers of the UNESCO Member States (MINEPS V) (Berlin 2013) adopted a number of commitments aimed at limiting the negative effects of the bidding systems organised by international SGBs for awarding the right to host such events. Little evidence has been found, so far, which would suggest that the UNESCO text has had much impact. The fact the IOC recently decided (2017), to simultaneously award the 2024 Summer Games to Paris and the 2028 edition to Los Angeles appears to owe more to the withdrawal of three other candidates from their bids. Yet while explicit HEPA policies may not appear very effective prima facie, implicit HEPA effects can be deduced from recent competition law decisions, such as the General Court’s Hamr Sport and Magic Mountain rulings (both state aid). Still, the soft-law approach continues within the EU Council and has produced two follow-up reports of Member States’ progress. However, as these reports are based on Member States’ self-reporting, the exact effects of the reported measures may be questioned. The ‘traditional’ versus ‘alternative’ sports policy style thus remain a useful heuristic tool for analysing national legal frameworks, policies and practices alike. They may also be helpful in informing decisions taken under competition law.

Economic models of sports policy : to promote sports politically, legally and financially,  should funding be directed towards entities or activities ?

Funda

The provisions of German group law are based on the basic idea that the control possibility of a de facto dominant company creates the risk that it will not use its potential for influence in the common interest of the group, but will pursue another business interest to the detriment of the dependent company (“Group conflict”). The German legislator wants to prevent this with the basic norm of § 311 AktG in such a way that on the one hand it establishes an absolute ban on disadvantage, but on the other hand it allows compensation for disadvantages in the event of a violation. In order to ensure compliance with this basic standard, he regulates claims for damages in the event of a violation of this regulation (§§ 317, 318 AktG).Furthermore, as a part of the protection system of the de facto group law in Germany (§§ 311 ff. AktG), special regulations are provided which regulate special instruments or mechanisms for checking compliance with the basic rule of the prohibition of disadvantage (§ 311 AktG).&nbsp;In this context, the law stipulates that all legal transactions and measures that may be influenced by dependency must be documented in a dependency report (§ 312 AktG) and that the report must then be checked by the auditor (§ 313 AktG) and the supervisory board of the dependent company (§ 314 AktG) and by special auditors (§ 315 AktG). The report is not published de lege lata and is generally intended for the auditors, the supervisory board and special auditors. The Articles of Association cannot order the disclosure of the dependent company report either, as this is mandatory law within the meaning of § 23/5 AktG. For reasons of confidentiality, the shareholders and creditors of the dependent company also have no right to inspect the dependency report. However, the shareholders’ right to information according to § 131 AktG remains unaffected by the confidentiality of the dependency report, so that the shareholders can also request information at the annual general meeting about individual events explained in the dependency report. But, this does not mean that shareholders can request the content of the dependency report at the general meeting. They can ask specific questions about certain business transactions (e.g. about contractual terms for significant transactions with affiliated companies) insofar as these are important for the assessment of the agenda and do not require confidentiality.The confidentiality of the dependency report is based on a legislative weighing up of conflicting interests of the parties involved (companies, shareholders, creditors) and thus on the conscious decision of the legislator. According to the legislator, the dependency report must be concrete and provide detailed information so that it can fulfil its purpose. The report has to discuss and evaluate the internal processes of the group. According to the legislator, the outsiders would be better protected if the report were available to them. This would enable them to better assess whether there is evidence of discrimination. But such a report, which is replete with many managerial details, could not be made public. The confidentiality interests of the companies concerned argue against disclosure. In the opinion of the legislator, it must be possible for it to remain confidential, else it would prohibit reporting with necessary openness on transactions whose disclosure could be detrimental to the company.In principle, the report is confidential, but it nevertheless gains a certain degree of publicity. Firstly, this is done by the management board of the dependent company issuing a summary final declaration at the end of the dependent company report on the specific points and including this in the management report, which must be disclosed in accordance with § 325 HGB. Secondly, the dependency report is examined by the supervisory board and the audit report of the supervisory board is disclosed in the same way as the management report (§ 175/2 AktG; § 325 HGB). Thirdly, the report of the special auditors is disclosed and submitted to the commercial register (§ 145/6 AktG). The report will also be announced by the management board as an item on the agenda when the next annual general meeting is convened (§ 145/6 AktG). In this way, the special audit report gains extensive disclosure and thus plays an important role in the protection system of §§ 311 ff. AktG. On the basis of these disclosure requirements, one can finally speak of “limited publicity” of the dependency report in German law, even if the report itself cannot be fully disclosed.

The Limited Publicity of the Dependency Report (§ 312 AktG) in German Law

Vildan

A partnership established under private law is a relationship set up by contract between two or more persons to meet a common goal by mutual efforts and means. These partnerships do not have legal status and can not be a party in courts under Turkish law. It typically means that these partnerships are not able to file a suit. Moreover, it is not possible to file a suit against them. The capacity to have rights and obligations of unregistered partnerships is not accepted under Swiss Law. So they are not able to be parties in judicial courts. The German Supreme Court accepted on 29.01.2001 that unregistered partnerships can have rights and obligations although they retain no legal personality. Also, the Court accepted standing to sue of the unregistered partnerships without having legal personality. That’s why in German Courts unregistered partnerships have an active and passive capacity of being subject to a lawsuit.A partnership established under private law is a relationship set up by contract between two or more persons to meet a common goal by mutual efforts and means. These partnerships do not have legal status and can not be a party in courts under Turkish law. It typically means that these partnerships are not able to file a suit. Moreover, it is not possible to file a suit against them. The capacity to have rights and obligations of unregistered partnerships is not accepted under Swiss Law. So they are not able to be parties in judicial courts. The German Supreme Court accepted on 29.01.2001 that unregistered partnerships can have rights and obligations although they retain no legal personality. Also, the Court accepted standing to sue of the unregistered partnerships without having legal personality. That’s why in German Courts unregistered partnerships have an active and passive capacity of being subject to a lawsuit.The German Supreme Court promptly decided that there is a gap in German law related to unregistered partnerships and the judge has to address this gap. However, according to the opinion which is defended in this article, there is not a gap in the Turkish Civil Code and Civil Procedure Code about the legal nature of these partnerships. Under Turkish codes, the generating capacity of unregistered partnerships is not regulated. However, by being quiet, lawmakers regulate that these partnerships do not possess a legal capacity. That is why it really is not the duty of the judge to regulate the capacity of unregistered partnerships, but it is the duty of lawmakers. De lege ferenda, the partnerships may be promptly accepted as utilising the capacity to possess rights, obligations, and standing to sue under Turkish law. Due to this, in this article, an innovative model is suggested, related to these partnerships. According to this model, unregistered partnerships can sue and be sued in some aspects.Under German and Swiss law a Partnership that uses a common firm-name and business corporation becomes automatically a general/registered partnership (Kollektivgesellschaft) and is ruled by the special provisions of the Code. These partnerships undoubtedly have to be properly registered. They are allowed to use a firm-name. But different from Turkish law, in Germany and Switzerland, they are not recognised as legal personalities. In Turkey, a considerable number of registered partnerships are very small because of the standard procedure to intentionally set up such a beneficial partnership. In addition, just real persons are able to be partners of these partnerships. It means that legal persons are not able to be partners of these partnerships. Different from registered partnerships, it is easy to establish unregistered partnerships. Because there is not an official procedure for the establishment, also for legal persons, there are not any limitations to being partners of unregistered partnerships. Therefore, these responsible persons typically choose to establish unregistered partnerships and this situation makes unregistered partnerships very popular in Turkey. The Turkish Supreme Court however rejects many specific cases concerning unregistered partnerships because of not having the legal capacity. Taking the example of registered partnerships, this article suggests an alternative model of unregistered partnerships under Turkish law which has the legal capacity to sue and be sued. This model should be capable of retaining a firm name and being registered.

Capacity to Become Party of Unregistered (Ordinary) Partnerships: A Comparative  Study of German, Swiss and Turkish Law

Can the Rome Statute of the International Criminal Court be  Considered as the Relevant Human Rights Instrument in the Context  of the Advisory Jurisdiction of the African Court on Human and  Peoples’ Rights?

@JOURNAL_BOX_CURRENT

Ayşe Ledün

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

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Volkan

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

Ayşe

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

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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.

The journal 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 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.

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Annales de la Faculté de Droit d’Istanbul

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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 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.

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The subjects covered in the manuscripts submitted to the journal for publication must be in accordance with the aim and scope of the journal. The journal gives priority to original research papers submitted for publication.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.Short presentations that took place in scientific meetings can be referred if indicated in the article. The editor sends the paper matching the formal rules to three national/international referees for evaluation and gives green light for publication upon modification by the author in accordance with the referees’ claims.In case that the manuscript is translation, the editor sends it to one referee. Changing the name of an author (omission, addition or order) in papers submitted to the Journal requires written permission of all declared authors.Refused manuscripts and graphics are not returned to the author.

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<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 the Committee on Publication Ethics (COPE), the Directory of Open Access Journals (DOAJ), the Open Access Scholarly Publishers Association (OASPA), 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></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/JTA6CLJ8T5/0BA73CB896AA4C959E8892FC33E2ED42" 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 selected manuscripts are sent to at least two national/international 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 evaluates manuscripts for their scientific content without regard to ethnic origin, gender, sexual orientation, citizenship, religious belief or political philosophy of the authors. He/She provides a fair double-blind peer review of the submitted articles for publication and ensures that all the information related to submitted manuscripts is kept as confidential before publishing. Editor-in-Chief is responsible for the contents and overall quality of the publication. He/She must publish errata pages or make corrections when needed. Editor-in-Chief 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 must have no conflict of interest with respect to the research, the authors and/or the research funders. Their judgments must be objective. 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 must be ensured. In particular situations, the editor may share the review of one reviewer with other reviewers to clarify a particular point.

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 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/JTA6CLJ8T5/945BACB698304861928A3893AC687F1F" 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/JTA6CLJ8T5/23395E62482049DAB2BBDDDFA900A128" 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.

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/JTA6CLJ8T5/93BAB1D7CA4A4088851B49F28E5AE9B0" 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/JTA6CLJ8T5/8D2E67E50E9C42F6BA1F4D2E898C65BE" 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)

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