Funda

Assist. Prof.

With the Digitalisation Directive (EU) 2019/1151, many regulations have been made regarding company law to increase digital applications. The main purpose of the directive is to facilitate the formation and registration of companies within the borders of the EU by enabling the use of digital tools and methods in the field of company law. In particular, the aim is to reduce the cost of incorporating start-ups and small- and medium-sized businesses as well as their time and administrative burdens. The EU member state of Germany recently passed Gesetz zur Umsetzung der Digitalisierungsrichtlinie [Law Implementing the Digitalization Directive, or DiRUG] in order to transpose the directive’s provisions into national law and entered into force on August 1, 2022.The directive requires member states to ensure that the online formation of limited liability companies with cash capital may be carried out completely online without the need for applicants to appear in person before any authority. The decisions regarding whether online formation is possible for other kinds of companies and whether online formation can occur for limited liability companies with capital-in-kind are left to the member states. Meanwhile, member states are required to provide templates for the online formation of limited liability companies and make them available to citizens (or legal persons) of EU member states in order to facilitate the cross-border formation of corporations within the EU. The Directive has specifically pointed out certain issues that need to be regulated by member states in order to avoid some possible abuses and security breaches. However, the power to lay down detailed rules for the online formation of corporations has been absolutely left to the member states. German law provides the online formation only for limited liability companies with cash capital, while other types of companies and limited liability companies to be formed with non-cash capital are excluded from the scope of online formation. However, from August 1st, 2023, GmbHs that are to be founded with in-kind capital can also be founded online. New regulations in German law as created by DiRUG make it possible to handle the formation procedures completely online via video communication systems without applicants having to appear in person at a notary public. However, in cases where the notar [notary] is unable to perform their duties via the video communication system (e.g., if one of the parties cannot be identified or doubts exist about their legal capacity), the notary may refuse to carry out the transactions via the video communication system and require the physical participation of the person or persons concerned.In addition to the possibility of online formation, the directive also contains regulations regarding the online filing of documents and information to the commercial register. In this context, member states are obliged to ensure that the relevant documents are able to be submitted completely online, thus enabling the registration process to be carried out online without the applicant having to appear in person before the person or institution responsible for carrying out the online submission procedure. In order to comply with this directive, DiRUG regulates German law to require notary to also be able to electronically certify the qualified electronic signatures to be executed via the video communication system. This means the law recognizes the possibility to electronically transmit documents created via the video communication system directly to the register. However, German legislation has made an exception to this, regulating that the notary may refuse online certification and require the physical participation of the person or persons concerned so that the notary can properly conduct the business, such as may occur in the case of online company formation.Another innovation of the directive is the removal of the obligation to publish company documents and information with regard to disclosure. Instead, the register entries regarding the documents and information concerned are envisaged as being made directly accessible electronically/online. This regulation of the directive abolishes the dual disclosure system in German law, which had taken place via two separate internet portals in the form of online access to registration documents and separate disclosure of documents and information. Under the new system, only the entries in the register will be made accessible online, with the first retrieval of the entry in the commercial register via the electronic information and communication system being deemed a disclosure. The new system provides accessibility to the information entered onto the companies registers of member states, so that no difference will occur between the announced status and the recorded information. For this reason, the rule about the protection of confidence has been adapted to the new system, with the expression “confidence in the announced situation is preserved” being changed to “confidence in the registered situation is preserved.”

Online Formation, Online Filing of Company Documents and Online Disclosure in the Register according to the Digitalisation Directive (EU) 2019/1151 and the German Law (DiRUG)

Gözde

Res. Assist.

Bilge

Assoc. Prof.

This article is conducted regarding decisions of the Turkish Constitutional Court protecting the justifications of trial courts through Law No. 6284 on Protecting Family and Preventing Violence Against Women. The article focuses on individual applications to the Constitutional Court about the sentences within the scope of Articles 4 and 5 regarding Law No. 6284.&nbsp;Article 4 of the Turkish Constitution mainly involves protective cautionary decisions, and Article 5 addresses the preventive cautionary decisions judges are to make. Regarding cases involving Law No. 6284 in the courts of first instance, judges have declared potentially guilty persons to be the perpetrator of violence at sentencing by considering the victim’s declaration of violence as actual fact in cases where no concrete evidence is found. This situation is the issue this article addresses, as not applying the presumption of innocence to sentences may be cause for an unfair accusation of the potentially guilty person, and this appears as a violation of that person’s individual rights.Based on the assumption of the article, this study examines the relationship between sentencing guidelines in Article 4 and in Article 5 with regard to Law No. 6284 as well as the objections presented to the Constitutional Court for evaluating the sentences received from the courts of first instance. First, the article selects the applications resulting from Law No. 6284 to the Constitutional Court, of which 22 applications were found. The article then identified the ones directly related Articles 4 and 5. Nine of these were found to be in violation of individual rights, two to not be in violation, and nine to have been declared expressly bereft of any merit.The evaluations of the Constitutional Court were seen to mostly be based on considering personal inviolability, the individual’s material and moral circumstances, and the freedom to claim rights based on the right to a fair trial and the right of a reasonable decision. Hence, the categorization of the applications in this study’s analysis fall under three main frameworks: (1) a consideration of personal inviolability of the individual’s material and moral circumstances (Art.17), (2) freedom to claim rights based on the right to a fair trial and the right to a reasonable decision (Art. 36), and (3) presumption of innocence (Art. 38/4). The study summarizes the sentences from the courts of first instance under these three headings and then analyzes and discusses the decisions of the Constitutional Court.Therefore, the argument of the article involves the indirect result of a potential aggrievement of women who declare having been subjected to violence, due to which the Constitutional Court then makes a decision regarding the violation of the individual rights of the person declared as the perpetrator of violence as a result of issues implementing Law No. 6284. Hence, this study aims to analyze the Constitutional Court’s violation decisions by considering the individual’s personal inviolability and material and moral circumstances of the individual (Art. 17), freedom to claim rights based on the right to a fair trial and the right to a reasonable decision, and the individual’s presumption of innocence (Art. 36; Art. 38/4).As a result, the decisions of the Constitutional Court basically reveal that the language of the judge in the court of first instance needs to be corrected through gender sensitivity training. The remarks from the Constitutional Court declare that the usage of judges created an extra disadvantaged position for the victims of violence due to the claim of unfair accusations. The judges of the Constitutional Court very importantly needed to remain unbiased as the decision regarding the applications were based on the presumption of innocence.Thus, this article’s analysis presents assumptions and suggestions for better implementing Law No. 6284 through the enquiry of violation decisions by the Constitutional Court. One effective method may involve a basic handbook for training judges, or face-to-face vocational training seminars. Those would be very efficient ways to solve the problem of rights violations from the start.&nbsp;

An Analysis of the Individual Applications of Decisions Protecting Family and Preventing Violence  Against Women

Burcu

With the widespread use of digital platforms over a short time, the legal status of those working on digital platforms has become an important issue in recent years. The fact that these new labor relations differ from traditional dependent labor relations and are non-uniform has led to the emergence of different views on the legal status of digital platform workers.Due to the experienced economic crisis, the effects of which are still ongoing, as well as various other socio-cultural reasons, platform work has become widespread in Spain in a short time compared to most European countries. Spain has created an important employment opportunity for its working age population, especially in terms of on-location platform work, and ranks as the European country with the highest ratio of digital platform workers out of the entire working age population in recent years. Some of the most common digital platforms in the country are delivery platforms. With the effect of their prevalence, the legal status of delivery platform workers has quickly become an important issue in Spanish Law. Disputes regarding the legal status of delivery couriers began being brought to the judiciary, with different rulings rapidly being made on the subject in various autonomous regions of the country. Resolving these various rulings regarding the legal status of couriers, working on delivery platforms have become necessary as per the decision to combine jurisprudence.The Spanish Supreme Court decided with its ruling to consolidate its case-law on 9/25/2020 that delivery platform couriers have the status of employees in accordance with the Spanish Labour Law. The Supreme Court stated digital delivery platforms to not only be an intermediary but to also be a company that has the required organization and digital tools to carry out its activities. The court decided that the essential features of the employment contract form an employment relationship between the courier and the platform and that couriers are employees who provide labor only as part of this organization and operate alongside the delivery platform in accordance with the dependency relationship.Following this ruling, a draft law was prepared with the meeting of social partners, and a disputable presumption was added to Workers Law No. 2/2015 by Spanish Royal Decree No. 9/2021 in parallel with the Supreme Court’s ruling. In addition, employers and platforms that use algorithms to regulate working conditions are obliged to inform workers’ committees about the algorithms that are used. With this change in law, Spain became the first European country to accept delivery platform couriers as employees in accordance with a legal regulation.With the accepted disputable presumption, the activity of persons who provide paid services consisting of the delivery or distribution of any consumer product or merchandise by employers who exercise the business powers of organization, management, and control, whether directly, indirectly or implicitly and by means of algorithmic management of the service or working conditions through a digital platform, is presumed to be included within the scope of Workers Law No. 2/2015. With this regulation, the general presumption of employment as accepted in Article 8.1. of the Workers Law No. 2/2015 was also applied to delivery platform couriers.According to this new regulation, delivery platform couriers working in Spain will henceforth be considered employees and be subject to Workers Law No. 2/2015, and the provisions of Workers Law No. 2/2015 will be applied to the employment relationship between couriers and digital platforms. Thus, couriers will be considered employees as of the date they start working on a digital platform and have the opportunity to claim their rights retroactively in terms of their labor.Another adopted regulation provided worker committees in workplaces with the right to be informed by the company of the parameters, rules and instructions upon which algorithms or artificial intelligence systems are based that affect decision-making and that may impact working conditions as well as access to and maintenance of employment, including profiling, as these committees have the authority to represent workers collectively.In line with these principles, this study first examines general information about the legal status of workers in Spain and platform workers, then evaluates the ruling of the Spanish Supreme Court to unify Case Law 9/25/2020. Lastly, the study examines the articles that were added to Workers Law No. 2/2015 by Spanish Royal Decree No. 9/2021, their criticisms, and the possible consequences of these regulations in practice.&nbsp;

An Evaluation of El Real Decreto Ley 9/2021 The Spanish Royal Decree Accepting Delivery Platform  Couriers as Employees

Tolga

One of the basic rules to follow when collecting foreign currency receivables through enforcement proceedings or bankruptcy is to convert the foreign currency receivables into Turkish lira. According to Enforcement and Bankruptcy Law Article 58 regulating the request to issue enforcement proceedings, the amount to be received in said request must be specified in Turkish currency. The exchange rate needs to be specified for the date on which the money receivable has been requested. In bankruptcy proceedings, the foreign currency creditor may collect their receivables in Turkish lira in accordance with the exchange rate on the date of the bankruptcy decision. Foreign currency receivables are also a special issue in terms of creditor composition agreements. When a debtor applies for a creditor composition agreement in Turkey, such as in the case of bankruptcy proceedings, the foreign currency receivable must be converted into the Turkish currency, and any payment offer must be in Turkish lira for foreign currency receivables subject to creditor composition agreements. Although the foreign currency creditor can claim the rate on the maturity or actual payment date, when the foreign currency creditor carries out enforcement proceedings, converting foreign currency receivables into Turkish lira is not possible for creditor composition agreements, as knowing what the exchange rate will be on the maturity or actual payment date is impossible. The status of foreign currency receivables should be evaluated separately for composition with creditors applications, despite, and approval stages. A debtor’s foreign currency assets must be converted on the balance sheet, one of the documents that must be attached to the composition with creditors application, into Turkish lira at the effective buying rate of the Central Bank according to the exchange rate on the date the balance sheet is drawn up. Another document requiring submission to the court regarding a composition with creditors application is the cash flow statement. In the cash flow statement, foreign currency transactions should be expressed in the Turkish currency at the exchange rate on the date the cash flow is realized. In order to determine whether any possibility of success exists regarding the composition with creditors proposal and to give the debtor a definite deadline, the real status of the debtor’s assets and liabilities should be determined by the commissioner, and a report should be submitted to the court. The commissioner must determine the value of the foreign currency debts based on current records in the debtor’s commercial books. The foreign currency creditor must convert their receivables into Turkish lira on the date of the deadline in the final composition with creditors agreement and notify to the commissioner. However, different opinions have been put forward regarding which date to use for determining the exchange rate according to which the foreign currency receivables will be converted into Turkish lira. In terms of the view of the principle of equality with which this study is in agreement, foreign currency should be converted into Turkish lira according to the exchange rate on the date the composition with creditors agreement is approved. This is because the creditors are paid according to what the composition with creditors projects if the agreement is approved. When the exchange is made as late as possible, the foreign currency creditor can acquire their receivables in accordance with the most recent exchange rate. Once a composition with creditors agreement is approved, the foreign currency creditor cannot claim compensation by claiming they have suffered damage, even if the value of the foreign currency increases within the terms stipulated for the payment of the debt. The obligation to convert the foreign currency receivable into Turkish lira regarding composition with creditors agreements is only valid for the debtor who applied for the composition with creditors agreement. However, once a third party becomes a guarantor for the debtor, liability of surety is maintained as a foreign currency debt. If the creditor wishes to pursue enforcement proceedings against the guarantor, the provisions of the general law regarding the conversion of the foreign currency receivables into the Turkish currency shall apply. Foreign currency receivables should also be evaluated in terms of the use of the right of clearing regarding composition with creditors agreements. Although which date the exchange will take place on is debatable, this study agrees with the view that it should be converted into the foreign country’s currency according to the exchange rate on the date the right of exchange is exercised within the terms of the composition with creditors agreement. Due to the composition with creditors agreement by cessio bonorum resulting in the finalization of the composition with creditors approval decision and the effects of the composition with creditors deadline being maintained until this decision is finalized, the foreign currency creditor should determine the amount in accordance with the exchange rate on the date of the composition with creditors approval decision was finalized. Because bankruptcy decisions take place with regard to the composition of creditors agreement after the bankruptcy, the foreign currency receivables should be converted into the Turkish currency by taking into consideration the exchange rate on the date of bankruptcy is declared.

Foreign Currency Receivables Regarding Creditor Composition Agreements

Doruk

The voluntary refusal of inheritance is a legal process enabling one to remove the title of heir by not accepting the inheritance. However, sometimes in practice the heir is encountered to refuse the inheritance maliciously in order to deny goods to creditors. In such a case, the law has given creditors of the heir the right to file a lawsuit to nullify the refusal of inheritance.In order to file an action for annulment of denial of inheritance as regulated in Article 617 of the Turkish Civil Code, the following three conditions must be met:●	The assets of the heir refusing the inheritance should not be enough to meet the debt. The heir needs to have not had a certificate of insolvency for not paying the debt nor a bankruptcy decision in the heir’s name. The plaintiff creditor must be able to provide sufficient evidence to the judge by revealing that the heir who has refused inheritance has done this in order not to pay the heir’s debt, that the heir has unjustly rejected payment requests from the creditor prior to refusal, and that the heir has undergone enforcement proceedings.&nbsp;●	The heir must refuse the inheritance in order to harm the creditors. The presence of the intention of harm must be determined objectively in a concrete case.●	The creditors who have filed the action for nullity must not have had sufficient security for covering their receivables. The assurance can be given by the defendant or a third party before or after the nullity action filing has been introduced.&nbsp;The nullity action must be introduced to the Civil Court of First Instance located in the settlement of the legator within the peremptory time limit of six months from the refusal of inheritance. The case is opened by the bankruptcy administration in cases of heir bankruptcy, and by the willing creditors otherwise.Whom the action for nullity of refusal should be introduced against is disputable. One opinion says the case for the nullity of refusal should be introduced against the heir who has refused inheritance. Another opinion states the action should be brought against those benefiting from the refusal being requested for cancellation. According to the view adopted by the Court of Cassation, the refusal case should be introduced against the heir who has refused the inheritance and against all the people benefiting from the refusal of inheritance.At the end of the case, the first result of the court’s decision of annulment is the official liquidation. In case the testator has more than one heir and only the refusal of one of these heirs has been cancelled, whether the entire estate or only the inheritance share of the heir whose rejection has been canceled will be subject to official liquidation becomes open to dispute. In one opinion, the official liquidation can be realized in terms of the whole estate. According to another opinion with which the Court of Cassation has also agreed, only the inheritance share of the heir whose rejection has been canceled should be subject to official liquidation; otherwise, the heirs having accepted the inheritance would be damaged due to the official liquidation.&nbsp;Any money still remaining after the payment of the receivables related to these creditors has been paid gets distributed among the inheritors who would have received it had the refusal of inheritance remained valid. After completion of the official liquidation, the phase begins in which the heir whose rejection has been cancelled makes the payment toward the receivables due to the heir creditors. According to the order specified in the law, the receivables of the creditors who have filed an action for the annulment of the refusal should be paid first and foremost. In case the money at hand is insufficient for covering the entire receivables of these creditors, the creditors are to rest satisfied in the proportion of their receivables. If any money is still left after the payment of the receivables related with these creditors, the receivables of the other creditors of the heir whose refusal has been revoked who have not filed a nullity action are then paid. Thus, priority has been provided to the creditors who filed for the nullity of refusal over the heir’s other creditors. If the refusal is nullified as a result of a lawsuit filed by the bankruptcy administration and an amount falls to the share of the heir whose refusal has been nullified as a result of the official liquidation, this value is added to the bankruptcy table and becomes divided among the creditors registered to the bankruptcy office in proportion to their receivables due.If any value still remains after the payment of the heir’s debts to the creditors, this amount is distributed to the heirs who would have benefitted from it had the refusal of inheritance remained valid. The heir whose refusal of inheritance has been determined by the court to have been malicious is thus nullified and punished.

The Protection of Inheritor Creditors by Refusal of Inheritance Within the Context of Article 617 of the Turkish Civil Code

Musa

Early performance describes the performance before due date that has been agreed upon by the parties in a contract. According to Article 96 in the Turkish Code of Obligations, a debtor can, as a rule, submit early performance on the debt before the due date. The debtor may render early performance by renouncing the beneficial aspects of the situation.The following exceptions to the possibility of early performance are stated in Article 96 of the Turkish Code of Obligations: (1) If the parties agree to terms prohibiting early performance in the contract, the debtor cannot render early performance. (2) Based on the nature of the contract, one may infer that early performance cannot be rendered. (3) In accordance with Article 96 of the Turkish Code of Obligations, circumstances may also prevent early performance.In accordance with Article 96 of the Turkish Code of Obligations, no discount is applied as a rule in case of early performance. Although the debtor renounces the benefits of the maturity, the debtor cannot force the creditor to renounce any part of the claim. This rule should also apply to debts accruing interest because the creditor in this case expects to benefit from interest income and the time of performance. However, Article 96 of the Turkish Code of Obligations regulates that discounts can be made in accordance with law, contract, or custom.In case of early performance, the parties may agree to pay early repayment compensation in order to compensate for the creditor’s loss of income due to the early repayment. The amount of early repayment compensation can be agreed upon in the contract. Meanwhile, the creditor may have the authority based on the contract to determine the amount of early repayment compensation. In this case, the creditor must act in good faith and adhere to the prohibition of rights abuse when determining the amount of early repayment compensation.Provisions are found regarding early performance in installment sales (Article 20), consumer credit (Article 27), and housing finance (Article 37) from Law No. 6502 on Consumer Protection. According to these articles, a consumer can give early performance for a debt. Provisions about early performance are also present in the regulations of a contract (e.g., Regulation on Installment Sales Contracts, Consumer Credit Contracts Regulation, and Housing Finance Contracts Regulation).Law No. 6502 on Consumer Protection states regarding early repayment provisions that, if the debtor pays his debt early, the debtor will be entitled to request an early repayment reduction. These provisions concerning early repayment reduction are intended to protect the consumer and are mandatory. How to calculate the reduction is explained in each contract’s regulations. If no provision is present in other regulations regarding this calculation, the relevant provisions in the Consumer Credit Contracts Regulation will be applied. If an early repayment is made on the installment date, the amount due for the installment is first subtracted from the total amount of the early repayment. If the repayment is made during the interim period, the amount of interest and additional expenses accrued since the due date of the previous installment is subtracted from the total amount of the early repayment. After subtracting these, the remaining amount is the early repayment of the capital. If the total amount of the capital is paid early, the early repayment reduction is the sum of the interest and additional costs that have not yet accrued. In case of partial early repayment, the interest and additional costs that will accrue for the part that have been paid early fall within the scope of the early repayment reduction.Article 37 of the Law on Consumer Protection concerning regulations on the early repayment provisions for housing finance states that the parties are given the opportunity to agree for the debtor to pay early repayment compensation in case of early repayment. In order to claim the early repayment compensation, the housing finance contract must be valid, and a fixed interest rate must have been determined in the contract. In addition, in this contract, the ability to demand early repayment compensation in case the debtor submits early performance should be clearly stated and agreed upon in this contract. The calculation of the early repayment compensation is regulated in Article 11 of the Housing Finance Contracts Regulation. When calculating the early repayment compensation, the early repayment amount corresponding to the capital is found first, then the early repayment compensation is calculated at no more than 1% of the early paid amount of the capital for cases where the remaining maturity does not exceed 36 months. Apart from this case, compensation is calculated at no more than 2% of the early paid amount of the capital for cases where the remaining maturity exceeds 36 months.

Early Performance in Consumer Contracts

Emre

Duress is regulated as a reason for the relative nullity of marriage in Art. 151 of the Turkish Civil Code (TCC). Duress involves a spouse being forced to enter into an unwanted marriage by threat from the other spouse or a third person. Duress is a defect in the formation stage of will.&nbsp;Duress can also be defined as the deliberate and unlawful provision of a person’s consent to marriage by informing another person that the one whose consent is sought will be subjected to very imminent and severe danger regarding harm to life, health, honor, or dignity of that person or a relative of that person.The conditions necessary for duress to results in the relative nullity of marriage are regulated in Art. 151 of the TCC as follows.&nbsp;Firstly, one of the spouses must be under duress. Duress may come from the other spouse or from a third party. In cases where duress occurs from a third party, the other spouse doesn’t need to be aware of the duress.&nbsp;Secondly, the person who is threatening must have the intent to threaten.&nbsp;Thirdly, the duress must have been made in regard to the other spouse’s life, health, honor, or dignity or that of a person closely related to this other spouse.&nbsp;Fourthly, the duress must present an imminent and grave danger to the threatened. When determining whether the duress is serious or not, the subjective state of the spouse who was forced to marry is taken into consideration.&nbsp;Fifthly, a causal link must be present between the duress and the marriage. Having an ordinary causal link is sufficient here.&nbsp;Lastly, the duress itself must be unlawful.If the above conditions are met, the marriage under duress becomes disabled through relative nullity. However, a marriage made under duress being disabled through relative nullity does not automatically invalidate it. A lawsuit for relative nullity must be filed by the threatened party in order to ensure the annulment of the marriage.The legislation in TCC Art. 152 limits the time for filing a relative nullity lawsuit based on duress, according to which the threatened spouse’s right to file an annulment case ends after six months, starting from the date the effect of the duress disappears, but in any event within five years of the marriage.The court decision to annul the marriage due to the duress results in the marriage ending proactively (ex nunc), and the marriage bears all the results of a valid marriage up to the time of the judge’s decision (TCC Art. 156).These spouses may remarry after the existing marriage is annulled by the court. However, the marriage barrier based on in-law kinship still applies to the spouses.As per the decision to annul the marriage, the other spouse who was in good faith while marrying the threatened spouse retains the personal status he/she has obtained through this marriage.As a result of the annulment of the marriage, the threatened spouse may demand pecuniary and/or non-pecuniary damages from the threatening spouse or from the spouse who knew or may have known about the third-party duress.The threatened spouse may demand alimony from the other spouse, regardless of whether or not he/she is the one threatening.In cases where the marriage is annulled due to duress, the wife, regardless of whether she is the person threatening or being threatened, can ask the court to allow her to retain her husband’s surname.The threatened spouse’s right to sue for the annulment of the marriage does not pass to the heirs. However, the heirs can continue a lawsuit filed by the threatened party. As a result of the lawsuit, the surviving spouse who was not found to be in good faith at the time of marriage cannot be named a legal heir and loses the rights granted to him/her by the testamentary dispositions. The surviving spouse is not the one acting in good faith when that spouse was the threatening person or when that spouse knew or may have known about the duress from a third party.Children born out of a marriage receiving an annulment decision from the court due to duress are considered to have been born within the marriage.After the marriage is annulled due to duress, both the threatened spouse and the other spouse (whether a threatening person or not) have the right to establish a personal relationship with their own children and even take custody of them if conditions are suitable.&nbsp;&nbsp;The fact that the marriage between the spouses has ended with the annulment decision does not remove their obligation to meet their children’s guardianship costs. In this respect, whether the spouses are the threatening person or the threatened person makes no difference.Ultimately, individuals’ freedom of will to marry cannot be said to be sufficiently protected by Art. 151 of the TCC, contrary to the purpose of the legislation. In this context, including a provision in the TCC that takes into account all the types of duress affecting the individuals’ will to marry would be appropriate.&nbsp;

Duress as Reason for Relative Nullity of Marriage in Turkish Civil Law

Muhammed

Mehmet

Prof.

COVID-19 had emerged in the Wuhan region of the People’s Republic of China as of December 1, 2019 and went on that month to affect the entire world, especially developed countries. COVID-19 has been labeled a pandemic by the World Health Organization, causing new normal measures to be taken in all areas. Although COVID-19 has primarily affected the health sector due it being a pandemic, the necessary measures and other pandemic policies taken as a result have had impacts in almost all areas, especially on the economy. Research on its devastating effects on the economy have shown the pandemic to have crippled the economy at a rate exceeding that of the 2008 global crisis and approaching that of the Great Depression. Meanwhile, when considering the World Bank’s global economic forecast, GDP has been revised downwards, with national governments facing difficult times regarding poverty reduction and job creation.The social crises experienced during the pandemic have also deeply affected public procurements, which are an important dynamic of economic development. In general, public procurements are an important tool for governments’ management of sustainable public services as well as for the market economy. Governments and global institutions had been caught unprepared for the pandemic, during which they have need urgent medical supplies; the market was dragged into a bottleneck as a result of the increase in demand, causing the normal period of public tenders to lose their functionality. This situation would cause countries to compete with each other in the market and created an effect that can be described as “Cowboy Market”. All these effects have required new regulations to be made and various measures to be taken regarding the pandemic, and this was also an extraordinary period with regard to public procurement legislation. To say that these regulations are not only sensitive to providing short-term medical purchases but also purchases in almost all other areas would not be wrong, due to the concern of ensuring the continuity of public procurement, which is the driving force of sustainable development in the United Nation’s 2030 Sustainable Development Goals.The measures taken regarding public procurement during the pandemic have been seen to generally be made through various unnamed regulatory acts that make the provisions in countries’ national public procurement legislation more explanatory and/or flexible. Because social distance rules have also been very important in terms of staying healthy during the pandemic, all countries have encouraged the use of electronic methods in public tenders. The main purpose of these measures is to complete the tender process very quickly and simply within the pandemic measures. In addition to financial protective measures to ensure the sustainability of public procurements during the pandemic, different legal measures are seen to have come to the fore in two stages to eliminate experiencing problems: one for the public tender process, and another for the tender contracts.&nbsp;When looking at the legal measures regarding the public tender process, measures are seen regarding continuing the execution of public tenders through the use of electronic solutions or to hold procurements by adhering to social distance rules if this cannot be carried out. In addition, the legal norms regarding the formats and procedures related to procurement are also seen to have been stretched and equipped with measures that are able to achieve rapid results. When looking at the measures that have been taken regarding public procurement procedures during the pandemic, the contracting authorities in developing countries such as Turkey are seen to have been equipped with more subordinate authority, while the administrations in countries with developed democracies such as the European Union are seen to have been equipped with wide discretionary powers on the condition that they adhere to the principles of transparency and accountability. When looking at the measures taken regarding the obligations arising from public procurement contracts, the condition arises with regard to force majeure provisions that prevent the contractor from fulfilling its obligations. Depending on the severity of the force majeure, various measures can be taken such as the extending or terminating the delivery period of the contract, applying price changes, or transferring contracts with the aim of protecting public interest and taking measures to relieve contractors from being victimized. Due to bureaucracy being very low in developed democracies in general, one can see a fast and effective system that works within the pandemic conditions regarding tender contracts, while countries such as Turkey see the density of bureaucracy reduce efficiency, despite having similar legislative provisions. In addition to all these regulations, certain regulations were observed to have been made in some countries that prioritized the participation of SMEs in tenders, with some potential contractors in the USA who are also suppliers of some public procurements have been obliged to participate in procurement. Some countries, especially in the European Union, have determined central purchasing policies regarding medical purchases. Colombia requires the word COVID-19 be used in procurement contracts in order to facilitate traceability with regard to procurement, while other countries such as South Africa&nbsp;and Ukraine have an undersecretary predetermine items, suppliers, and prices and use a list to keep prices under control to prevent abuse of public procurement procedures, with purchases being made based on this list.&nbsp;

COVID-19 Measures in Public Procurements: Regulations for Sustainable Procurements

Gamze

The concept of governance has reflections in the field of law and even specifically in the field of tax law. In its individual application review, Turkish Constitutional Court clearly states that the tax administration should act in accordance with the principle of good governance. In line with the European Court of Human Rights’ case law, the Constitutional Court evaluates this principle in the context of “proportionality” principle. In this regard, it is important to reveal the meaning, scope, and legal basis of the principle of governance in terms of tax law.In this study, first of all, the concept of governance and the principle of good governance are discussed in general. Subsequently, it is questioned whether the principle of good governance is applicable in terms of tax law. In this context, it is concluded that acting in accordance with the principle of good governance in the taxation process is appropriate for the purposes of the rule of law and accordingly, democracy in the taxation process. On the other hand, it should be considered that this principle has no clear legal basis, its content is still somewhat vague. In addition, it is sometimes impossible, difficult or nonfunctional for the tax administration to interact with the taxpayer in accordance with good governance. In this regard, it is believed that it is not possible to apply this principle strictly and in all cases in tax law. However as a principle, the tax administration’s responsibility to provide information in case of a measure that affects or has the potential to affect the taxpayers’ rights and to provide the opportunity to express their opinions and objections against this measure will be in line with both the principle of good governance and the right of the taxpayer to be heard. In terms of the “active and participatory administration” dimension of the good governance principle, the administration’s passive attitude and failure to act in a timely and consistent manner would be contrary to the principle of good governance.&nbsp;In addition, the study also focuses on the steps taken and/or should be taken with regards to tax audits in the direction of Reis Automotive judgment of the Constitutional Court. In the aforementioned judgment, it was ruled that the tax administration should take the necessary measures to prevent different treatments among those subject to tax audit that are limited in terms of subject, scope and purpose. One of the steps&nbsp;taken is the “Tax Inspection Board Advisory Commission Regulation” published in the Official Gazette, dated 7 April 2021 and numbered 31447. The purpose of the regulation is to establish an Advisory Commission to provide an opinion to the Presidency and to determine the working procedures and principles of this Commission in order to ensure unity concerning the tax audit duties and to resolve the unclear aspects that arise regarding the implementation of the provisions of the related legislation. Whether the Tax Inspection Board Advisory Commission will serve these purposes remains to be seen.However, the latest amendments made with Act No. 73381 concerning tax audits are in the opposite direction of what is expected. Because the obligation to prepare a document that indicates the beginning of the audit (vergi inceleme tutanağı) and to be signed by both the administration and the taxpayer in the current system is abolished by the aforementioned amendments. Instead, it is deemed sufficient to notify the taxpayer of a letter stating that the audit has started (Article 18 of the Act no. 7338). Again, within the scope of the same act, the obligation to carry out the tax audit at the workplace of the taxpayer is abolished, and on the contrary, the rule that the audit should be carried out at the tax office was introduced (Article 17).

The Principle of Good Governance concerning Tax Law

Cüneyt

Hamza

The long-standing tensions between Azerbaijan and Armenia in the South Caucasus have been a frozen conflict for many years due to the Nagorno-Karabakh dispute and evolved into an armed conflict in the last months of 2020. This conflict is known as the Second Nagorno-Karabakh War and lasted for 44 days. The war erupted after Armenia launched heavy artillery attacks on Azerbaijan, with Azerbaijan immediately responding to these unlawful acts on the grounds of its right to self-defense. This conflict resulted in heavy casualties for both sides and ended with the Armistice Agreement signed on November 9, 2020.The purpose of this article is to thoroughly address the historical development of the Nagorno-Karabakh conflict and to examine the Second Nagorno-Karabakh War as well as the Armistice Agreement of November 9, 2020 from the perspective of international law. Thus, the first section discusses the conflict with an emphasis on the significant events throughout its history, examining the previous ceasefire processes in this context. In the early stages of the conflict after the dissolution of the Soviet Union, certain states in the region made various attempts to resolve the problem. However, these diplomatic initiatives were unsuccessful for certain reasons. Therefore, the Organization of Security and Co-operation in Europe (OSCE) began showing interest in the conflict. The OSCE Minsk Group was established in order to resolve the conflict and offered three proposals to the parties at the end of the 1990s. However, the parties were unable to reach an agreement regarding any of the proposals. As a result of this failure, the OSCE Minsk Group proposed the Madrid Principles in 2007, which involved returning the occupied territories to Azerbaijan and providing an interim status for the Nagorno-Karabakh region. However, neither of the parties were able to endorse the Madrid Principles.The second section of the article discusses Armenia’s violations of international humanitarian law and international human rights law during the Second Nagorno-Karabakh War. During the war, Armenia deliberately fired heavy artillery and rockets at many densely populated Azerbaijani cities. While these attacks resulted in the death and injury of many civilians who were supposed to be protected under international humanitarian law, they also severely damaged hundreds of homes, historical buildings, and other civilian centers. As is known, all States shall abide fully to their obligations under the Geneva Conventions of 1949, additional protocols, and other instruments of international humanitarian law related to respect for human rights in armed conflicts. However, from the very beginning of the war, Armenia intentionally violated these rules. Therefore, Armenia’s international responsibilities and the relevant Armenian decision-makers’ criminal responsibilities due to these violations must be held to account.The third chapter examines the provisions of the Armistice Agreement of November 9, 2020, which ended the Second Nagorno-Karabakh War. It first analyzes in detail the legal aspects of this agreement, concluding it to be an international agreement as per the criteria stipulated in the Vienna Convention on the Law of Treaties (1969) and binding to both its parties. This situation is important for the future of the Agreement. Moreover, this article examines the rights and obligations that the Agreement brings to all involved parties. This section also considers the start time and area to which the ceasefire regime is applied in accordance with the Agreement and additionally discusses the most recent status of the Lachin Corridor and the Zangezur Corridor. The article debates other provisions in the agreement such as prisoners of war exchange and return of refugees to the Nagorno-Karabakh region from the perspective of international law and evaluates the status of Agdam, Kelbacer, and Lachin.The scope, duration, and other elements of the Russian peacekeeping mission in particular have been elucidated with certain references to the general concept of a peacekeeping force in international law. Last but not least, Turkey’s position in the conflict is also analyzed in accordance with the terms of the agreement. In fact, no provisions are present in the Agreement that directly concern Turkey. Upon examining the preparatory works (travaux preparations) of the Agreement, however, the parties are seen to want Turkey to be a part of the Joint Observation Center established in Article 5 of the Agreement.The article’s conclusion underlines the lack of any provision in the Agreement determining the final status of the Nagorno-Karabakh region. Hence, the dispute is still an actual conflict that must be subjected to a resolution. Therefore, it is important to have the relevant actors, including Turkey, put effort into facilitating a final peace agreement regarding the status of the Nagorno-Karabakh region in order to prevent the reoccurrence of any other military conflict and establish a long-term peaceful settlement.

The Nagorno-Karabakh Conflict from the Perspective of International Law and the Armistice Agreement Ending the Second Nagorno-Karabakh War

Ömer

Hakkı

Instructor

Personal rights entail the absolute rights a person has over their body and property that make up their personality. Personality rights recognize individuals as physical and spiritual beings and allow them to enjoy their sense of existence; these rights are protected to various degrees in different countries. The human-oriented nature of laws makes the regulations regarding personal rights and legal status even more important. The impact of this importance reveals itself not only in private law but also in all other legal areas. The first and most important feature of personality rights are that they are absolute rights. Other features of personality rights are that they involve the rights of personal property and are closely dependent on the individual. The principle of limited independent variety does not apply to personal rights, and things such as a person’s life, health, bodily integrity, title, visage, photograph, honor and dignity, voice, and living space are considered within the scope of personality rights. With regard to German Law, the presence of a general personality right can be mentioned that covers all aspects of personality and can be accepted as a source from which concrete, private personality rights arise spontaneously. The general personality right guaranteed by Grundgesetz [Basic Law/GG] § 1 is regulated in the Bürgerliches Gesetzbuch [Civil Law Book/BGB] § 823/1 as a fundamental norm in tort law. Basic norms regarding the protection of personality in Swiss privacy law appear in the Zivilgesetzbuch [Swiss Civil Codes/ZGB] Articles 27 and 28 These appear as general articles that should be specified in terms of personal rights andprotections. The concept of general personality rights cannot be mentioned with regard to English Law, whose legal system was largely developed on the basis of individual cases and case law. In terms of English Law, personal rights and their violations and protections are evaluated within the scope of tort law. Titles and honorifics are the general name given to all the forms parties use to address one another during mutual conversations and generally show a sign of respect. Honorifics are obligatorily used among people of a certain status and are extremely important for the development and smooth progress of social relations. However, as the degree of status inequality between people changes and familiarity increases, honorifics and any other titles are seen to be avoided. The honorifics that are used also reveal an effect in terms of establishing the connection to the language society uses with regard to social events. An individual’s reputation can be considered as an aspect of personality rights. Reputation arises from the fact that a person is just a human being and involves the values that embody that person in society in terms of moral value judgments. In addition, everyone has equal dignity and respectability. In this regard, a connection can be established between an individual’s reputation and the honorific used to address them. Based on all of these facts, this study believes that evaluating and linking honorifics to the social personality rights that are considered alongside an individual’s dignity and reputation to be appropriate. However, despite this relationship between honorifics and personality rights, points are also found where these things differ from each other. To abstain from using the honorifics that are generally used as a sign of respect in a society or to use slang or mockery to address an individual may constitute a violation of personal rights. However, while making this determination, each situation needs to be evaluated internally as well as through its dynamics. Inother words, things should be taken into account such as an individual’s position, social status, and the surrounding order of events. If some of the titles or honorifics used involve slangs or sarcasm, a violation of personal rights may occur here as well due to the ability this can have to damage a person’s social reputation.

Are Honorifics a Personal Right?

Deniz

Settlement procedures in competition law involve a method based on the principle of obtaining reduced fines and reaching an agreement regarding specific measures in return for accepting liability that they have committed the violation under investigation and giving up certain rights granted to them, thus allowing for the early termination of the investigation. The settlement mechanism was adopted in Turkish law through the amendments made to Law No. 4054 on the Protection of Competition through Law No. 7246 After these amendments, the Settlement Regulation entered into force by being published in the Official Gazette on July 15, 2021 in order to determine the procedures and principles of the settlement mechanism. Shortly after, the Turkish Competition Board and parties to the proceedings provided the first examples. The settlement mechanism is primarily related to the enforcement policy and has an expanding effect on the competencies of the Turkish Competition Board. Therefore, the mechanism deserves to be examined in detail. Based on this matter’s importance, the current article will discuss the settlement mechanism, which is a new institution in Turkish competition law. While doing so, the article will examine the Settlement Regulation comparatively with two other sets of regulations. The first is the Draft Settlement Regulation, which was opened to public opinion prior to the final version of the Settlement Regulation. The article will assess the change in provisions between the two regulations, as well as the legal consequences that may result. The second comparison occurs with the regulations in the European Union competition law, which were taken as a general example when creating the regulations in the Turkish competition law. Even though these regulations are broadly similar, they have some fundamental differences, and the article will reveal its findings and opinions in this regard. The article consists of five sections. The first heading under Section 1 will explain the meaning of settlement in competition law. The second heading will present the concept of hybrid settlements and the relevant main procedural and legal problems. The article will discuss in this context whether hybrid settlements violate the presumption of innocence of the non-settling parties in light of the decisions made in the European Union. Section 2 will explain how the settlement mechanism has been designed in Turkish law through all its phases. This same section will also discuss the constitutionality of the Settlement Regulation regarding closing the right to seek legal remedy as a result of the settlement. The article considers this provision to possibly contradict the principle of the rule of law in Article 2 of the Constitution of the Republic of Türkiye (1982), as well as the right to legal remedies in Article 36 of the Constitution. Meanwhile, the article will also mention what changes occurred between the DraftSettlement Regulation that had been opened to public opinion prior to the Settlement Regulation and the final version of the Settlement Regulation. This study finds that some important legal assumptions can be made from this assessment. For example, the article holds the opinion that the parties to the proceedings can be argued to be able to seek legal remedies in terms of the elements removed from the content of the settlement submission. Section 2 will additionally examine all the settlement decisions the Turkish Competition Board have given.Section 3 will examine settlement procedure in the European Union, with the first heading under Section 3 discussing the purpose of introducing settlement procedure in the European Union and comparing this to the purpose in Turkish law. The second heading under Section 3 will analyze settlement practices in the European Union. In this context, the article will first assess whether settlement procedure is widely used in the European Union in light of statistical data. This same heading will also examine the cooperation procedure used for violations other than cartels in the European Union. The third heading under Section 3 will explain settlement procedure in the European Union through all its phases. While doing so, the articlewill mention the differences the European Union’s settlement procedure have with Türkiye’s Settlement Regulation. One of the most important differences is seen to be that the European Union allows legal remedies to be sought against a given settlement decision. Therefore, this article will also examine examples where settlement decisions had been appealed in the European Union. Section 4 discusses the relationship between the settling and non-settling parties. In this context, it will examine whether a settlement violates the principle of equaltreatment for the non-settling parties by referring to precedents in the European Union. Section 5 finishes by evaluating the consequences of the settlement mechanism from the perspective of private law.

Settlement Mechanism In Competition Law

Furkan

Turkish law has two types of co-authorship structures (i.e., authorship of a compound work and joint authorship) that are regulated in Articles 9 and 10 of the Law on Intellectual and Artistic Works (LIAW, 1951) No. 5846. Unlike works subject to joint authorship, a compound work can be divided into parts without deteriorating the work. Ordinary partnership provisions in the Turkish Code of Obligation (TCO, 2012) No. 6098 are applied analogously to both authorships of compound works and joint authorships in the matters not regulated under LIAW. 	Based on Paragraph 2 of Article 9 in LIAW, as long as the authorship of a compound work continues, authors may apply to the court against the one who objects to a transaction related to the compound work. If the objecting author cannot prove just cause, the court decision replaces the consent of the objector. From this perspective, termination of authorship of a compound work means that the authors can no longer be compelled to utilize their own contribution in the compound work. On the other hand, copyrights arising from authorship of a created and still existent compound work should be noted to continue, because the compound work is based on both the agreement of the authors and the de facto act, or Realakt in German. Therefore, in case of an infringement against an existent compound work, authors may still demand prevention or halting of the infringement, as well as claim compensation. With regard to making transactions related to a compound work, however, authors can no longer claim or force each other based on Article 9 in LIAW. 	As previously mentioned regarding termination, ordinary partnership provisions in the TCO are applied analogously. In this regard, if authors decide upon a fixed period of time or certain limitation (e.g., a one-time edition of a book) regarding a compound work, the compound authorship terminates upon completion. Prior to this, the compound authorship may be terminated by applying to the court on the basis of just cause. If the authors have not decided upon any limitation regarding the term of a compound work, one of the authors may give a notice of termination or apply to the court demanding immediate termination with just cause. According to Article 640 of the TCO, the termination of a compound authorship goes into effects after six months have passed since the notice of termination. 	In order to remove a section belonging to one of the authors of a compound work, all authors of the compound work must agree to this. Nevertheless, in some cases, the court may order the removal of a section belonging to one of authors upon the application of the other authors based on Article 9 of LIAW. For instance, when one of the authors objects to updating a book according to the new TCO or is unable to update the book, the other authors may apply to the court. If the objector cannot prove just cause, the court should order the section belonging to the objector to be removed, because the court cannot order the author to update that author’s section in the book. And also, one author may demand his part be removed by court order by relying on just cause. 	If one of the authors of a compound work dies, the financial rights respective to this section pass on to the deceased’s heirs. Heirs cannot be removed from the union. Furthermore, one of the authors may analogously waive the financial rights regarding that author’s section in accordance with Article 60 of LIAW, provided that this harms neither the compound work nor the other authors. Upon waiving this right, that author’s permission will no longer be required for utilizing financial rights related to that compound work. 	Joint authorship arises ipso jure with the creation of the work and ends with the expiration of the preservation period or the destruction of the work. Consequently, terminating a joint authorship is not possible by notice of termination or by court decision with just cause, as the provisions in the TCO regarding the termination of ordinary partnerships are not suited to the structure of a joint authorship. 	Paragraph 3 of Article 639 in the TCO, which is regarding termination of an ordinary partnership in the event of a partner’s share being liquidated through compulsory execution unless otherwise agreed, cannot be applied to joint authorship, as joint authorship cannot be liquidated due to the lack of any liquidation shares. The results concerning the death of one of the authors in a joint authorship are also specifically regulated in Article 64 of the LIAW. Additionally, one of the authors may waive financial rights in favor of the other author or authors. In this case, the rights of the others will be expanded.

Terminating and Leaving a Union in Co-Authorship

Halil

Basic knowledge about nomina transscripticia, among the literal contracts in the contractus system of Roman law, has been gathered from Gaius’ Institutiones and other literary works. Based on these texts, this article analyzes the main features and components of nomina transscripticia as a literal contract within its historical background as well as its process of emergence and disappearance. This literal contract was unable to achieve widespread usage because it had begun being used in the period when the verbal formalist structure of early law had started to cease due to the emergence of consensual contracts. Literal contracts have advantages over verbal contracts in some aspects, such as being able to be established at a distance, not being in need to be stated with words according to certain patterns and being able to be used to validate contracts for those with hearing and speech impediments. However, literal contracts have become useless compared to consensual contracts that can be formed through consensus only. Entries for the formation of nomina transscripticia were inscribed in a ledger called codex accepti et expensi. Whether the double-entry accounting technique was applied while keeping this ledger is a matter of controversy. In this regard, however, the prevailing view is that the ledger was filled out using two complementary entries, with the second one demonstrating that the previous debt had been eliminated. Nomina transscripticia is an institution of ius civile, and a contractus protected by actio that burdens one party with a monetary debt. Gaius mentioned two types of nomina transscripticia in his book Institutiones: nomina transscripticia are in personam and nomina transscripticia a persona in personam. When executing the nomina transscripticia a re in personam, a debt that had arisen from a consensual contract would be transformed into an obligation arising from a literal contract, thus resulting in a contract that has iudicia stricti iuris. Besides, when executing nomina transscripticia a persona in personam, the debtor changes, a new debtor goes into the debt and creditor has iudicia stricti iuris against new debtor. Within the contextof both types of this contract, the previous debt is hypothetically eliminated as if the payment had been made, but no actual payment has occurred. Monetary debt, arising from a legal ground such as a sale is deemed to be lent to the same person as

Nomina Transscripticia as a Literal Contract in Roman Law

Özge Ceren

Article 28 of the Law on Payment and Securities Settlement Systems, Payment Services, and Electronic Money Institutions (Law No. 6493, 2013) penalizes engagement in such activities as being an unauthorized system operator, payment institution, or electronic money institution, as well as leaving the impression of being a system operator, payment institution, or electronic money institution without proper authorization. The legal value that is preserved by punishing these crimes is the stability and security of the financial system. Anyone who commits the act described in the law can be judged a perpetrator of these crimes, with the victim being every member of society. The crime regulated in Paragraph 1 of Article 28 involves the act of engaging in activities such as being a system operator, payment institution or electronic money institution without obtaining the required permissions in accordance with Law No. 6493. The crime regulated in Paragraph 2 of Article 28 involves the act of using words and/or phrases that leave the impression that they are engaged in activity as a system operator, payment institution, or electronic money institution in relation to trade names, any type of documentation, announcement, and/or advertisement, or public statement without having obtained the required permissions in accordance with Law No. 6493. The crimes regulated in Paragraphs 1 and 2 of Article 28 can only be committed with direct intent, because particular emphasis about illegality is placed on the legal definition with the expression “without obtaining the necessary permissions in accordance with Law No. 6493,” with crimes committed by negligence not being regulated by Law No. 6493. Additionally, the permission clause mentioned in the definition of the crimes involve the principle of typicality. For this reason, the intention of the perpetrator must also involve the issue of permission, which also pertains to the principle of typicality. Therefore, any misuse regarding the obligation to obtain permission should be considered an elemental error. Therefore, such a situation should be stated as eliminating the intent of the perpetrator. In addition, a perpetrator cannot be punished should they have not taken the necessary attention and care and thus made an elemental error. This is due to Law No. 6493 not regulating crimes that are committed by negligence.The offense of engaging in activities such as being a system operator, payment institution, or electronic money institution without proper authorization as regulated in Paragraph 1 of Article 28 of Law No. 6493 is an uninterrupted crime. For this reason, the provisions regarding an attempt at this crime may be applied up until the completion of the crime. Meanwhile, attempting to leave the impression of being an unauthorized system operator, payment institution, or electronic money institution can be considered an offense if the act can be divided into parts. An implied primary-auxiliary norm relationship exists between the two crimes regulated in Paragraphs 1 and 2 of Article 28 of Law No. 6493. Therefore, perpetrators who have committed the two crimes regulated in these paragraphs should only be punished for the crime in Paragraph 1. Otherwise, if the act constitutes one of the crimes regulated in the Turkish Penal Code as well as one of the crimes regulated in Law No. 6493, the provisions of Law No. 6493 as the special case law must be applied when the same legal value has been violated. Therefore, this situation also applies to Article 28 of Law No. 6493. In addition, the crimes regulated in Article 28 of Law No. 6493 are optional crimes. As a result, committing only one of the optional acts of these crimes will be sufficient for the completion of that crime. The offense of engaging in activities such as being a system operator, payment institution, or electronic money institution without the required authorization as regulated in Paragraph 1 of Article 28 in Law No. 6493 calls for imprisonment from one year to three years and a judicial fine of up to 5,000 days, while the offence of leaving the impression of being a system operator, payment institution, or electronic money institution without the required authorization as regulated in Paragraph 2 of Article 28 in Law No. 6493 calls for imprisonment from one year to three years and a judicial fine of up to 5,000 days. If either of these two crimes are committed within a workplace, the decision may be made to close this workplace for two to six months or, in the case of recurrence, to be shut down permanently.

The Offense of Unauthorized Engagement in Activities such as System Operator, Payment Institution, or Electronic Money Institution

Mustafa

The rule stating that a person may only be elected as the President of the Republic for a maximum of two terms as regulated in Paragraph 2 of Article 101 of the Constitution as amended by Law No. 6771 in 2017 has raised the question of whether or not presidential elections held during the term of the parliamentary system of government should be taken into account while implementing this rule. This question was analyzed by Prof. Dr. Mustafa Şentop in his article titled “The Rule of ‘Being Elected as President of the Republic for Two Terms at Most’ in the Executive Presidential System” which was published on March 2022 (Şentop, 2022). In that article, it has been put forth that the parliamentary period should not be taken into account while implementing Paragraph 2 of Article 101 of the Constitution during the presidential system of government, departing from the meaning given to that paragraph according to the legal interpretation methods and also from the principles concerning the application ratione temporis to of statutes. On the other hand, a paper titled “On the Constitutional Rule of Being Elected as the President of the Republic for two terms at most”, which was published by Kemal Başak on September 2022 (Başak, 2022), criticized the assessments made in the previous article, arguing that presidential elections held during the term of the parliamentary system of government should be taken into account while implementing the same rule.The purpose of this article is to examine Başak’s (2022) paper, without making a fresh assessment of Article 101 of the Constitution and to seek an answer to the question of whether or not the objections put forward in Başak’s paper legally invalidate the findings of the previous article (Şentop, 2022) regarding the meaning, the scope and the manner of the application ratione temporis of Article 101 of the Constitution. In this regard, the reason for examining Başak’s paper here as a separate academic article on the same legal matter is the fact that Başak’s (2022) paper&nbsp;provides an extensive summary of the opinions of academicians as well as politicians who expressed the view that, regardless of the change in the governmental system, all presidential elections should be taken into consideration while applying Article 101 of the Constitution, which has been the focal point of the public debate on the matter.&nbsp;The views put forward in Başak’s (2022) paper are based on the presupposition that the constitutional rule regarding a person’s ability to be elected as the President of the Republic for a maximum of two terms was not amended by Law No. 6771 in 2017. The current paper thus, firstly examines this presupposition and seeks to answer the question of whether two separate Constitutional Articles were entered into force at separate times regarding the matter, as previously argued in Şentop’s (2022) article or whether only one Constitutional Article has been in force, as argued by Başak (2022). It is expected that the answer to this question, by determining whether the provision contained in Law no. 6771 of 2017 has a separate legal existence from the provision established by Article 4 of Law no. 5678 amending the Constitution in 2007, will provide a better understanding of the legal characteristic of the rule stating that a person may only be elected as the President of the Republic for a maximum of two terms. Thereafter, this article examines the legal validity of Başak’s (2022) objections with regard to Şentop’s (2022) assessments concerning the application ratione temporis of statutes, as well as the application of the literal and historical interpretation methods for determining the meaning of Paragraph 2 of Article 101 of the Constitution.”&nbsp;

The Rule of ‘Being Elected as President of the Republic for Two Terms at Most’ in the Executive Presidential System - 2

The Republic of Cyprus was actually established in 1960 as a state resulting from certain international treaties. The Republic of Cyprus was established based on the equal partnership of Greek Cypriots and Turkish Cypriots. Another feature of the Republic of Cyprus was that it had limited powers. Additionally, the Republic of Cyprus was organized as a form of functional federalism. The treaties that established the Republic of Cyprus and the 1960 Constitution of the Republic of Cyprus were very important as they gave Turkish Cypriots and Greek Cypriots the right to separate representation and quotas in the state administration. Unfortunately, this state only survived for three years. After 1963, the ethnic conflicts between Turkish Cypriots and Greek Cypriots began and continued until 1974, when Türkiye intervened in the island based on its right to function as a guarantor. After this intervention, the Turkish Cypriots first unilaterally declared the Turkish Cypriot Federated State. The efforts to bring the Turkish Cypriots and Greek Cypriots together on the island and the negotiations between the two communities were ongoing, but no conclusion was reached at the end of these negotiations. On November 15, 1983, the parliament of the Turkish Federated State of Cyprus made the unanimous decision to declare their independence and establish the Turkish Republic of Northern Cyprus. After 1974, the Greek Administration of Southern Cyprus began governing only the southern part of Cyprus. Greek Cypriot authorities took the properties of the Turkish Cypriots that had been left behind under the control of foundations under the Guardianship Law. These properties continued to belong to Turkish Cypriots but were controlled by foundations. The new Greek Cypriot users of the related properties who’d migrated from the north were not given the ownership of these properties. Just because the property policy of the Greek Administration of Southern Cyprus is more appreciated by the international community does not mean their policy is perfect. Violations of the property rights of Turkish Cypriots are seen to have occurred regarding certain fundamental points, the first of these being the non-immediate payment of expropriated properties. Another violation involves the properties leased under the Guardianship Law not requiring the consent of the Turkish Cypriotowners for lease agreements. The rental income obtained from these properties also does not get paid to the Turkish Cypriot owners. Similar to the expropriation costs, the statement has been made that the rental costs will be paid upon reaching a comprehensive settlement regarding the island. Meanwhile, the fact that the Turkish Republic of Northern Cyprus authorities has given ownership rights to those who left their properties in south Cyprus as well as to the immigrants who came to the island is one point where the international community has criticized Turkish Cypriots. After Turkish Armed Forces’ second military intervention for maintaining peace and security on the island, Varosha was declared a military zone and left closed to resettlement. Afterward, Varosha started to be known as a ghost city. Varosha is actually within the borders of the Turkish Republic of Northern Cyprus, but its legal status is perceived to be unclear just because it has remained closed to settlement. Before the region was opened to visitors in 2020, only those with special permission, UN officials, and members of the Turkish Armed Forces were allowed to enter the region. The population of Varosha was stated to have been 34,700 people before 1974, of which 29,700 were Greek Cypriots and the remaining population was predominantly Armenian, Maronite, British, and other ethnic groups. Currently, the sovereignty in Varosha belongs to the Turkish Republic of NorthernCyprus authorities, and the Armed Forces of the Republic of Türkiye are located in this region. The inhabitants of Varosha before being closed to settlement in 1974 are known to have been predominantly Greek Cypriots. Part of Varosha was opened to civilian visits 46 years later with consensus from Republic of Türkiye President Recep Tayyip Erdoğan and Turkish Republic of Northern Cyprus President Ersin Tatar. Following this, President Erdoğan announced during his visit to the Turkish Republic of Northern Cyprus on July 19-20, 2021 that Varosha would be reopened to settlement, after which President Tatar stated that 3.5% of Varosha would be returned to its owners through the Immovable Property Commission and that the 3.5% of this area would lose its status as a military zone. This partial initiative regarding Varosha actually means that the Greek Cypriots who’d been residents of Varosha before 1974 can benefit from exchanges, compensations, or restitutions if they apply to the Immovable Property Commission. The international community expects that the initiatives regarding Varosha must involve the return of former residents, and clearly the Turkish Cypriots have no other goal than this. Having the Turkish Cypriots announce to the international communitymore strongly that the aims of this partial reopening do not exceed this goal would be appropriate. Varosha poses some other problems as well, especially in terms of the various property right claims of Cyprus Foundations Administration as the records dating from July 20, 1974 regarding Varosha indicate Greek Cypriots as property owners. The Cyprus Foundations Administration should prioritize its claims with evidence, both internationally and nationally.

The Varosha Dispute: The Partial Opening Initiative and the United Nations’ Approach and Evaluation of the Issue of Property

Çağla

French administrative law has had an impact on the organization of Turkish administrative law and its structure. Nonetheless, significant differences have arisen between the two legal systems due to regulations on the organization, duties, powers, and functioning of local authorities. The aim of this study is to examine the relationship between local authorities and central government in French law and the evolution of decentralization with regards to the French centralization policy in terms of administrative law by taking into consideration the amendments adopted into the French constitution by Law No. 2022-217 (in force since February 2022). The study is limited to the principles guaranteed by the French Constitution of 1958 and the enacted laws. The study has omitted legislation on overseas and special-status territorial communities, including Corsica, from its scope as they include exceptional rules that do not reflect the main features of the relationship between local authorities and the central government. 	The study first focuses on the term collectivité territoriale [territorial communities], with territorial referring to the centralization policy, while the term administration is not used in any way. The change to concept of local community as a term into a territorial community with the French Constitutional Amendments of 2003 is seen to have been not a coincidence but a clear indication of the dominance of France’s tradition of centralization. 	The second part of the study analyzes the evolution of the decentralization policy in the shadow of centralization, particularly in light of Law No. 2022-217 enacted in February 2022. The decentralization policy hadn’t taken place in the French Constitution of 1958 until an amendment in 2003. Until then, the principle of territorial communities’ free administration assured the administrative autonomy by local authorities instead of the central government. 3 	Another principle supporting the administrative autonomy of local authorities in French law is the clause of general competence that takes its roots from the Municipal Code of 1884. Article 72/2 of the Constitution mentions that territorial communities may make decisions regarding all matters arising under powers that can best be exercised at their level. This disposition has been adopted to comply with the principle of subsidiarity in the next step of constitutionalizing decentralization that occurred in 2003. Within the context of the regulations adopted to empower local authorities in 1982, the general clause regarding the scope of application of competences was expanded to include district, departmental, and regional authorities. In the following years, only district authorities remained within this scope. The differentiation principle, being the greatest innovation of Law No. 2022-217, appears to have avoided the negative effects of excluding departmental and regional authorities from being able to take advantage of the general clause of competence. This law was prepared on the basis of the conclusions from the Great National Debate of 2019 following the intense social events known as the Yellow Vest Protests. 	The third part of this study focuses on the organization and functioning of local authorities regarding the relationship between local authorities and the central government. The decentralization policy has clearly gained power since 1982, especially by being constitutionalized in 2003. Nonetheless, local authorities have yet to prevail against the central government. Indeed, the elected communé [community] mayors still have a hierarchical relationship with the central government in certain areas. Because no minimum population condition exists for their establishment, nearly 35,000 commune authorities are found in France. Hence, they are in a situation where some of them cannot even give local public services due to a lack of resources. These services are instead provided by public establishments for cooperation between local authorities. Even though some regulations have been adopted to expand the competencies of departmental and regional authorities, their exclusion from the scope of the clause of general competency has continued to produce negative effects alongside the limited financial resources. Although Law No. 2022-217 had been adopted as a result of the debates arising from previous social events, scholars mention that has not brought as many changes as expected for strengthening decentralization. 	The fourth part of the study concerns the administrative control powers the central government has over local authorities. These powers are explained on the grounds of protecting general public interest in the face of local public interest or as the continuity of public services. Nevertheless, governors’ administrative supervisory competency over local authorities’ actions has been replaced by an institution of prefectural application for judicial review, which enables the governor to apply to the competent First Instance Court regarding any illegalities arising from the concerned administrative actions or contracts. Supervision as a term has been removed from the 4 	Constitution with the amendments of 2003, with the term of administrative control having taken its place. However, the regulations regarding the central government’s administrative supervision over local authorities still exist, as well as those concerning the power of substitution. Consequently, the central government still has significant powers over local authorities. The study has been unable to conclude the local authorities or the policy of decentralization in France to have built up a strong position over centralization, even after decentralization had been constitutionalized in 2003.

Local Authorities in French Law Regarding Their Relationship with Central Government

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Ayşe

One of the principles that Civil Procedure Law based on is the “dispositional control of the parties principle”. Under this principle, parties’ have the right solve private law disputes according to their dispositions. Under the principle, dispute parties are free to decide choose or not to choose litigation as way of resolution. Principle also covers to end the dispute by an settlement (in principle). One of the dispute ending options under the principle is the parties settlement agreement. Settlement agreement, generally, is an agreement in which parties agree to ending the dispute with mutual compromise. In other words, it can be also defined as an agreement in which parties completely or partially ending the dispute mutually. Settlement agreement, regulated as an stand alone regulation for the first time in the Article 313/1 of the Code of Civil Procedure (CCP) numbered 6100. Under the Article, settlement agreement means that the parties agreement on to ending the dispute completely or partially in an outstanding case. This definition only covers the in-judicial settlement. Because the definition requires a settlement in front of the court. Out of judicial/court settlement is not regulated under the CCP. Because, this kind of settlement fall in the area of the Turkish Code of Obligations. Out of judicial settlement is an agreement out of the court in which the parties agreed to end the dispute completely or partially at mutual interest point they considered. There is no necessity of an outstanding ongoing case process at this point. Additionally, an ongoing trial process would not affect the out of judicial settlement. It is needed a transformation of the out of judicial settlement to an in-judicial settlement to affect an ongoing trial at the same dispute. Out of judicial settlement is an substantive law agreement. This agreement is fall in the provisions (General Provisions) of the Turkish Code of Obligations. Out of judicial settlement agreement is not be need to be made in written because of the “freedom as to form” principle of the Turkish Code of Obligations. If the out of judicial settlement transformed to an in-judicial settlement it could affect an ongoing trial at the same dispute. Parties convey the out of judicial settlement to the court and then court get in record the agreement. After that moment, out of judicial settlement is evaluated as an in-judicial settlement. It is not needed that the whole provisions of the out of judicial settlement to get in recorded in the trial documents. Article 315/1 of the CCP regulates the provisions on effects and solutions of settlement agreements. Under this provisions when the out of judicial settlement transformed to an in-judicial settlement it would has the same legal power and&nbsp;solutions of it. The first solution of this transformation is the ending of existing dispute, in other words ending of the existing court trial. The second important outcome of the in-judicial settlement agreement is that it would have the same legal effect of final court decision. In-judicial settlement has an important another legal effect that it would has the power of the final court decisions under the Enforcement and Bankruptcy Code Article 38. If the out of judicial settlement transformed to an in-judicial settlement it would has the same affect as well.

Out of Judicial Settlement and Its Effect on Trial

Involvement of persons with disabilities in business life is extremely important – just as much as in their access to education and health services - and in their enjoyment of social protection because unemployment makes individuals becoming unemployed feel like they are useless. Involvement of persons with disabilities in business life, and pursuing the same eliminates the social effects caused by the risk of unemployment. In addition, working persons with disabilities benefit from social insurance protection based on their work, and thus a decrease occurs in the expenses made for persons with disabilities from the social security budget. While the policies relevant to persons with disabilities started with passive policies such as protecting persons with disabilities, today they have transformed into active policies such as ensuring the complete participation of persons with disabilities in employment. In Turkey, the number of persons with disabilities recorded on the National Database on Persons with Disabilities is 2.461.828 for the first half of the year 2019. And the rate of participation of persons with disabilities in employment is 22.1 percent. When compared with the data for the EU and OECD, this number is very low. Thus, increasing the participation in employment of persons with disabilities is also among the objectives relevant to business life. When the legal regulations in Turkey are examined, it can be observed that rules relevant to the protection of persons with disabilities have taken place in Constitutional Law for the first time. According to Article 17 of Constitutional Law, everyone has the right to live, and to preserve and improve their material and moral presence. And, according to Article 49 of Constitutional Law, working is everyone’s right and obligation. The government takes the required measures to increase the standard of living of employees, protect the unemployed, and support working. The government’s actualization of this obligation is especially important in terms of persons with disabilities who are experiencing many difficulties in involvement in business life. For this reason, it is required that the government should take special measures for persons with disabilities, and to provide the work environment for them. Hence, in Article 50 of Constitutional Law, it has been emphasized that no one could be employed in works not conforming to their strength, and the rule of “the ones having physical and psychological insufficiency are distinctively protected in terms of working conditions” has been established. And the most basic law regarding persons with disabilities is the Law on Persons with Disabilities no 5378. This law intends that persons with disabilities should benefit from fundamental rights and freedoms, and to ensure their participation in social life under equal conditions with other individuals. Article 30 of Labour Law no 4857 regulates the details relevant to the liability of employers to employ persons&nbsp;with disabilities. Article 30 was regulated again in 2008, and new principles were established regarding the employment of persons with disabilities. In accordance with this, employers employing fifty or more employees in the workplace have to employ a specific number of persons with disabilities. When Article 30 of Labour Law is examined, it is observed that the straightforward quota method has been adopted regarding the employment of persons with disabilities. The quota determined within this scope is three percent for workplaces in the private sector, and four percent for workplaces in the public sector. It is required that the following conditions are present for liability of the employer to employ persons with disabilities to arise : i) The workplace’s inclusion in the scope of Labour Law, or Maritime Labour Law, ii) Employment of fifty or more employees in the workplace. In case of the presence of these conditions, the employers are required to employ persons with disabilities whose rate of disability is at least 40 percent. Persons with disabilities should be employed through the Turkish Employment Agency. But the employer may also employ a person with disabilities through his own means. In this case, it is required to inform the Turkish Employment Agency, and to have the person with disabilities recorded at the Agency. An administrative fine is imposed on the employer acting against the liability of employing persons with disabilities. Another method regarding the employment of persons with disabilities is the concept of sheltered employment. Briefly, this method is ensuring the employment of persons with disabilities – for whom it is difficult to bring them in business life - within the frame of special conditions. In this system, there are sheltered workplaces where the working environment is specifically arranged in order to ensure the employment of persons with disabilities. In Turkish Law, the principles of this subject have been regulated in the Law on Persons with Disabilities, and in a certain regulation issued on this subject. That Regulation first came into force in 2006, and it was renewed in 2013. Persons with disabilities who will be employed at sheltered workplaces, are not only persons with physical disabilities but persons with mental and psychological disabilities. In terms of acquiring the status of a sheltered workplace, some conditions have been sought by the Regulation. Above all, it is required that the workplace is one which holds the qualifications determined by the Regulation, and where at least eight persons with disabilities are employed. In addition, the ratio of the number of persons with disabilities who will be employed at a sheltered workplace to the number of total employees shouldn’t be less than seventy five percent. In the Regulation, the physical conditions and equipment that the sheltered workplace has to have (safety, traffic safety, fire protection etc.) were also specified. A specific part of the remunerations&nbsp;of the persons with disabilities being employed at sheltered workplaces is paid by the government. In Turkish law, amendments made in time in Article 30 of Labour Law being the basis of the liability of employing persons with disabilities, and especially the increase in incentives for the employers in private sector are deemed as proper regulations. Again, allowing the employers to find workers who will be employed by their own means is also among those steps which would facilitate employment. Certainly, considering the measures ensuring employment as incentives rather than a quota and fine method would be a more constructive approach.

The Liability of the Employer to Employ Disabled Employee

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Night work has been the subject of many discussions due to its contradictory nature to the biological structure of the human body. This attribute of night work requires that night work and day work should not be handled in the same way in the legal order. The developments in the field of Occupational Health and Safety Law, and the researches regarding the effects of night work on the human health, constantly demand the review and improvement of the regulations regarding night work. In this regard, the most important protective provision regarding the workers working at night could be the limit on the night working time. In accordance with the Article 69 (I) of the Labour Law No. 4857, “night” is defined as the period starting at the latest at 20.00 in the evening, and lasting at the earliest until 06.00 in the morning, which in any case lasts maximum eleven hours. Furthermore, in accordance with Article 69 (III), night work shall not exceed seven and a half hours. However, significant exceptions have been recently adopted to this rule. The amendment, enacted in 2015, allows employers in some sectors (private security, tourism and jobs related to healthcare) to demand night work in excess of seven and a half hours by obtaining written approval from the worker. It should be noted that the regulations concerning night work are particularly important regarding the work carried out by shift work. Taking into consideration the need for governing special procedures and principles on this subject, a regulation specifically on shift work has been issued, and exceptions to the rule on the limit of the night working time are also included in this regulation. In my opinion, the propriety of this change amendment is highly debatable. It can be argued that the service should continue uninterruptedly in the sectors mentioned in the Article (private security, tourism and jobs related to healthcare). However, the employment of the workers for longer periods is not the only way to ensure the continuity of the service. Although written approval of the worker enabling the night work in excess of seven and a half hours is stipulated, the worker-protective approach of the Labour Law which protects the workers even from themselves, especially on the issues regarding occupational health and safety should not be disregarded. It should also be noted that the Regulation on shift work also includes a statement which is not included in the text of the Labour Law. In the Regulation; it is prescribed that the workers employed by the subcontractor in the workplaces, where private security, tourism and health services are carried out, also fall under this scope. If the letter of the statement is followed; it could be concluded that all workers employed by the subcontractor in the health, tourism and private security sectors may be employed at night for more than seven and a half hours. However, it is clear that such an interpretation would be incompatible with the exception regulated in the Labour&nbsp;Law. The provision of the regulation should be interpreted in a manner to cover subcontractor workers who are employed in the sectors referred to in the Labour Law, specifically in cases where subcontracted work is carried out with respect to these sectors. It has been concluded that the recent changes in the field of night work constitute a reversal in terms of workers’ rights. It is clear that the continuity of the services without disruption can be also maintained by increasing the number of shifts. Furthermore, I would like to draw attention to the fact that the regulations regarding night work are quite disorganized. In this regard, it may be suggested that all the rules regarding night work should fall into a single regulation. As a result, it may be stated that there is a need for the review of the regulations on night work in our legislation.

Night Work and The Evaluation of the Amendments Regarding the Limit of Night Work Period

Cemile

This article deals with multi-tier dispute resolution clauses incorporating both mediation and arbitration together under Turkish Law. I use the terminology of “med-arb” not only for the situation where the mediator acts as an arbitrator, but rather in a general meaning covering all instances where the arbitration is commenced following an unsuccessful mediation. The purpose of this article is to discuss the validity of the med-arb agreements, the consequences of starting arbitration before the mediation fails, the effects of the mediation proceedings and of the mediator acting as an arbitrator on the arbitration that follows the mediation as well as the admissibility of the documents and factual evidence exchanged at the mediation. For the purpose of this article, the comparative laws, international ethics rules, international guidelines on the conflict of interest and admissibility of evidence are reviewed along with Turkish law. Turkish Code on Mediation in Civil Law Disputes stipulates some provisions related to the med-arb. These provisions shall apply equally to both domestic and international arbitrations where the place of arbitration is Turkey. Following the jurisprudence of the Turkish Supreme Court, a med-arb agreement is valid only if it reflects, without doubt, both parties’ consents to the arbitration following the failure of the mediation proceedings. Therefore, a multi-tier dispute resolution clause subject to Turkish law needs to be drawn carefully. In this respect IBA Guidelines for Drafting International Arbitration Clauses are of assistance. In cases where one of the parties commences arbitration without a recourse to mediation first, the arbitral tribunal should make a decision on the admissibility of the claim. There is no direct provision related to the question of admissibility under Turkish law. Under Turkish law, in parallel with the practice of international arbitration, the tribunal has to interpret the med-arb agreement to make a decision on the question of whether the recourse to mediation is a pre-condition of the arbitration. If the mediation is a pre-condition, then the tribunal should suspend the arbitral&nbsp;proceedings and direct the parties to the mediation. However, in the case that the mediation fails, the tribunal may resume the arbitral proceedings. There is nothing under Turkish law suggesting that a precondition of arbitration is a jurisdictional issue rather than an admissibility issue. The advantages of the med-arb are subject to heated debates among people holding different perspectives. Such advantages are controversial since when a dispute arises and the arbitration starts without a recourse to mediation, the respondent may object to the jurisdiction of the tribunal or to the admissibility of the claim relying on the fact that the pre-condition to try mediation first is not met. Such an objection may cause arbitration to be delayed and/or the costs of arbitration to increase. Therefore, before opting for a med-arb agreement the parties should evaluate the possibility of settling their dispute at the Med-arb. The parties who are able to consider their commercial interests do not need a med-arb agreement as they are able to settle the disputes without the assistance of a mediator. They first try to settle the dispute, in some cases for years, and to avoid adjudication by an arbitral tribunal. They only start arbitration when there is no possibility of settlement of their dispute and of saving their commercial alliance. In such cases, med-arb agreements become a tool to delay the proceedings and increase the costs for the claimant to force him or her to give up his or her claim. Having said that, for the parties who are unable to consider their commercial interest and unable to avoid adjudication, med-arb agreement may be the right dispute resolution clause. In a med-arb agreement, the parties may wish the mediator to act as their arbitrator if the mediation fails. Neither the Turkish Code of Mediation in Civil Disputes nor the Turkish International Arbitration Code prevents a mediator to act as an arbitrator. Turkish Ethics Rules for Mediators stipulate that a mediator may act as an arbitrator only if the parties have agreement in writing. Therefore, any mediator to act as arbitrator needs to have the parties’ written consent. In international mediation and arbitration practices, the scholars and practitioners widely accept that having an arbitrator who previously acted as a mediator generates a number of serious risks and concerns. First of all, the mediator-arbitrator may not protect his or her impartiality in the arbitration because of the facts that she or he became aware of during the mediation. Secondly, the mediator-arbitrator may rely on the confidential information exchanged in caucus while making the award. Thirdly, the mediator may be too willing to act as an arbitrator and as a result the mediation may prematurely fail. Finally, the mediator may abuse his or her powers and force the parties to settle their disputes as the mediator suggests. The parties may feel that if they are not able to settle their dispute and proceed to the arbitration, the mediator-arbitrator would make an arbitral award in parallel of the recommendations at the mediation phase. Considering the severity of the consequences, if the parties agree to have an arbitrator&nbsp;who previously acted as their mediator, they need to be aware of such consequences and they need to make an informed decision accordingly . The Turkish Code of Mediation in Civil Law Disputes restrains the ability of the mediator-arbitrator to rely on the documents produced during the mediation for the purpose of settlement and defines which documents are in this category. In the case where the mediator-arbitrator relies on these documents while making the award, depending on the extent the document or information has a bearing on the award, the arbitral award may be cancelled, or its enforcement may be refused. In November 2019, Istanbul Arbitration Center (ISTAC) introduced its Medarb Rules. ISTAC Med-arb Rules are the first published institutional Med-arb rules. ISTAC Med-arb Rules reflect the best practices in international mediation – arbitration. I believe that ISTAC Med-arb Rules will be welcomed in the field of international dispute resolution.

Multi-Tier Dispute Resolution Clauses Incorporating Both Mediation and Arbitration Together Under Turkish Law

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Istanbul Law Review is a publication of Istanbul University, Faculty of Law.  

Istanbul Law Review is a quarterly, academic, peer reviewed journal which publishes articles in Turkish and English. Istanbul Law Review publishes articles, judicial reviews, legislation analysis’, publication criticism, translations which involves in law and law related subjects, and are based on genuine theoretical and practical academic research and suitable for national and international scale.

Istanbul Law Review involves in publications which are (i) capable of expanding theory and enhancing theoretical basis, (ii) analyzing either academic or judicial methodology, (iii) scrutinizing legal theory, practice, process, symbols etc. effecting society on private or public levels, (iv) exploring the subject in legal, sociological, political, psychological, philosophical, ethical, geographical and historical manner.

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.

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Istanbul Law Review

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Istanbul Law Review is a quarterly, academic, peer reviewed journal which publishes articles in Turkish and English. Istanbul Law Review publishes articles, judicial reviews, legislation analysis’, publication criticism, translations which involves in law and law related subjects, and are based on genuine theoretical and practical academic research and suitable for national and international scale.Istanbul Law Review involves in publications which are (i) capable of expanding theory and enhancing theoretical basis, (ii) analyzing either academic or judicial methodology, (iii) scrutinizing legal theory, practice, process, symbols etc. effecting society on private or public levels, (iv) exploring the subject in legal, sociological, political, psychological, philosophical, ethical, geographical and historical manner.In this frame, primary fields of interest are listed as follows:• Human rights law,• Criminal law,• Financial and fiscal law,• Civil law,• Commercial law,• Obligations law,• Execution and bankruptcy law

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Web of Science - Emerging Sources Citation Index (ESCI)TÜBİTAK-ULAKBİM TR Index EBSCO Central &amp; Eastern European Academic SourceEBSCO Legal SourceDOAJERIH PLUSSOBİAD

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Istanbul Law Review 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 <a href="https://publicationethics.org/" target="_blank">Committee on Publication Ethics (COPE)</a>, the <a href="https://doaj.org/apply/transparency/#principles-of-transparency-and-best-practice-in-scholarly-publishing" target="_blank">Directory of Open Access Journals (DOAJ)</a>, the <a href="https://oaspa.org/" target="_blank">Open Access Scholarly Publishers Association (OASPA)</a>, and the <a href="https://www.wame.org/" target="_blank">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>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.

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<div>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.</div>

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/BD7F3551BBE543F7A0E7628427A827AE" 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 to provide retractions or corrections of mistakes.

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.

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, sexual orientation, 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.

1. Istanbul Law Review is a peer reviewed Journal that is published four times a year (in March, June, September and December) and indexed by ESCI and ULAKBİM.2. The articles sent to be published in our journal should not be published elsewhere, not be submitted to other journals simultaneously even with the purpose of evaluation. In this purpose, the authors shall also be reguired to sign a letter of undertaking. 3. Articles that are considered as unsuitable with the publication principles by the Editorial Board are sent back to the author without review. It is sufficient for the article to be rejected by the Editorial Board if the spelling errors are extraordinary, the domestic and foreign resources required for the subject being examined are not utilized, the scientific criteria academic ethical principles are not complied with, the article subject does not have an up-to-date significance in terms of theory and-or practice. 4. Before the article is sent to the referees, it is subjected to plagiarism examination withthe help of special computer programs. If the digital similarity rate is above 20%, it is sufficient for the rejection of the article within the scope of the editorial review of the related software report. 5. The article to be published in the journal must be written following the highest academic standards. In this context, intellectual background and effort at the level of doctoral or associate professorship thesis are expected from the authors. 6. Papers that are approved by the Editorial Board are submitted to reviewers in line with blind peer review principle. Authors are not informed about the identity of the referees. According to the assessments of the referees, the paper may be approved for publication, required to resubmission with amendments or rejected on the basis of inadequate quality. The referee phase does not have a minimum or maximum duration. The follow-up of this issue is a duty and authority exclusively belonging to the Editorial Board. 7. As a result of the referee reports, the final discretion and responsibility regarding whether the article will be finally published and if it will be published, in which issue of the Journal, the editorial board is responsible. The existence of a single rejectionnegative referee report is sufficient to prevent the article from being published. 8. The completion of the referee stage does not give authors the authority to request a private or official document indicating that the article will be published. The authors, with the awareness and responsibility of this issue, apply for their articles to be published in Istanbul Law Review and to be subjected to peer review. 9. Authors, must provide their titles, institutions, correspondence address, phone number and e-mail address. 10. The Review accepts and publishes articles written in Turkish and English. The articles must include Turkish and English abstracts consisting of at least 250 and at most 300 words and at least five and at most fifteen keywords must be added to the paper in Turkish and English languages. Following the abstracts, there must also be an extended summary of 600-800 words for all the articles both in English and Turkish. The article subject to the publication application must contain a maximum of 20,000 words, including footnotes. There is no minimum word limit. 11. The main text and footnotes must be written in Times New Roman. Font size for the main text should be 12 with 1,5 line spacing while footnotes are written in font size 10 with 1 line spacing. Footnotes are to be shown at the bottom of the page. Citations must be made based on the OSCOLA citation system. Otherwise, the article is sent back to the author to make corrections without a referee assignment. Abbreviations and other issues in Turkish articles must be made following the announced spelling rules. The mentioned citation rules can be accessed at https://dergipark.org.tr/tr/pub/ihm. 12. Author’s name must be written bottom right of the Turkish and English title of the paper and should end with a star symbol. Star footnote should consists of title and institution of the author and correspondence address, phone number and e- mail address. 13. The article must consist of a bibliography at the end and references need to be arranged in alphabetical order.14. To be limited with the copies published by the Faculty; financial rights regarding reproduction, distribution, public performance, derivative works and translation of the papers which are approved for publication are to be transferred to the faculty to be used on the print, auditory, digital etc. media, nationwide and worldwide. Authors accept not to receive any royalty payment.15. Besides articles, also translations may be published in the accepted languages. These papers might be approved or rejected by the Editorial Board. Original text of the translation and consent of the rightful owner are also should be enclosed with the translation. Translations are also subject to the assessment of reviewers.16. Papers should be sent to iuhfdergiler@istanbul.edu.tr in Microsoft Word (*.doc, *.docx) file type.17. Only one article of an applicant in the same publication year (4 issues) could be subject to peer review.18. The Editorial Board determines the articles to be included in one issue of the journal by considering criteria such as the purpose of maintaining the balance of Private LawPublic Law, the date of submission of the article to the Journal, the date of completion of the referee stage, the timeliness of the article subject, and the proportional balance on whether the authors are members of Istanbul University.19. The Editorial Board makes the utmost effort to publish all issues with the same number of articles as possible. An article that has completed all the necessary steps for publication, including the layout stage, as of the date of publication of an issue, could not be published in the relevant issue in terms of the number of articles, however, after a certain period after the relevant issue, within the framework of the system called Online-First it is published digitally before the issue is released.

Author Guidelines

Before beginning the online submission process please read the Information for Authors and make sure you have the followings available:Article submissions should be submitted directly to the e-mail address <a href="mailto:iuhfdergiler@istanbul.edu.tr" target="_blank">iuhfdergiler@istanbul.edu.tr</a>Cover letter to the editor<ul type="disc"> <ul type="circle"> <li>The category of the manuscript</li> <li>Confirming that “the paper is not under consideration for publication in another journal”.</li> <li>Including disclosure of any commercial or financial involvement.</li> <li>Confirming that the statistical design of the research article is reviewed.</li> <li>Confirming that last control for fluent English was done.</li> <li>Confirming that journal policies detailed in Information for Authors have been reviewed.</li> <li>Confirming that the references cited in the text and listed in the references section are in line with OSCOLA.</li> </ul> </ul><a href="https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/BD7F3551BBE543F7A0E7628427A827AE" 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/JTA6CLJ8T5/6444C75BA6B344EBB1496510B0BAF8A3" target="_blank">Title page</a><ul type="disc"> <ul type="circle"> <li>The category of the manuscript</li> <li>The title of the manuscript both in the languge of the manuscript and in English</li> <li>All authors’ names and affiliations (institution, faculty/department, city, country), e-mail addresses</li> <li>Corresponding author’s email address, full postal address, telephone and fax number</li> <li>ORCIDs of all authors.</li> </ul> </ul>Main Manuscript Document<ul type="disc"> <ul type="circle"> <li>The title of the manuscript both in the language of manuscript and in English</li> <li>Abstracts: 250-30 words</li> <li>Key words: 5-15 words </li> <li>Extended Abstract (600-1000 words) in English (for the articles which are not in English)</li> <li>Main article sections</li> <li>Grant Support (if exists)</li> <li>Conflict of Interest (if exists)</li> <li>Acknowledgement (if exits)</li> <li>References</li> <li>All tables, illustrations (figures) (including title, description, footnotes)</li> </ul> </ul>

Although references to review articles can be an efficient way to guide readers to a body of literature, review articles do not always reflect original work accurately. Readers should therefore be provided with direct references to original research sources whenever possible. On the other hand, extensive lists of references to original work on a topic can use excessive space on the printed page. Small numbers of references to key original papers often serve as well as more exhaustive lists, particularly since references can now be added to the electronic version of published papers, and since electronic literature searching allows readers to retrieve published literature efficiently. Papers accepted but not yet included in the issue are published online in the Early View section and they should be cited as “advance online publication”. Citing a “personal communication” should be avoided unless it provides essential information not available from a public source, in which case the name of the person and date of communication should be cited in parentheses in the text. For scientific articles, written permission and confirmation of accuracy from the source of a personal communication must be obtained.Reference Style and FormatIstanbul Law Review offers referencing style 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 https://www.law.ox.ac.uk/research-subject-groups/publications/oscolaOSCOLA 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, SI 2004/3166.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 our Common 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/JTA6CLJ8T5/2BB9074E09174E55BE3CA4941309A672" target="_blank">Copyright Agreement Form</a><a href="https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/F6FB8940C9B54CC08CDC740CCFC6B8F3" target="_blank">Title Page</a></div>

<div>Ensure that the following items are present:● Cover letter to the editor<ul><li>The category of the manuscript</li><li>Confirming that “the paper is not under consideration for publication in another journal”.</li><li>Including disclosure of any commercial or financial involvement.</li><li>Confirming that the statistical design of the research article is reviewed.</li><li>Confirming that last control for fluent English was done.</li><li>Confirming that journal policies detailed in Information for Authors have been reviewed.</li><li>Confirming that the references cited in the text and listed in the references section are in line with OSCOLA</li></ul>● <a href="https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/BD7F3551BBE543F7A0E7628427A827AE" target="_blank">Copyright Agreement Form</a>● Permission of previously published copyrighted material if used in the present manuscript● <a href="https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/D4FC914AF17F43D6A40E18412A5E6731" target="_blank">Title page</a><ul><li>The category of the manuscript</li><li>The title of the manuscript</li><li>All authors’ names and affiliations (institution, faculty/department, city, country), e-mail addresses</li><li>Corresponding author’s email address, full postal address, telephone and fax number</li><li>ORCIDs of all authors.</li></ul>● Main Manuscript Document<ul><li>The title of the manuscript</li><li>Abstract: 250-300 words</li><li>Extended Summary (600-1000 words) in English for the articles which are not in English </li><li>Key words: 5-15 words</li><li>Main article sections</li><li>Grant support (if exists)</li><li>Conflict of interest (if exists)</li><li>Acknowledgement (if exists)</li><li>References</li><li>All tables, illustrations (figures) (including title, description, footnotes)</li></ul>​</div>

Issue Type	Regular
Editor(s)	Ömer Ekmekçi, Ali Paslı
Cover (PDF)
Front Pages (PDF)

Istanbul Law Review

VOLUME 80, ISSUE 3, 2022

Online Formation, Online Filing of Company Documents and Online Disclosure in the Register according to the Digitalisation Directive (EU) 2019/1151 and the German Law (DiRUG)

An Analysis of the Individual Applications of Decisions Protecting Family and Preventing Violence Against Women

An Evaluation of El Real Decreto Ley 9/2021 The Spanish Royal Decree Accepting Delivery Platform Couriers as Employees