Turkish code of commerce
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Turkish Code of Commerce. Samim Unan. Previous Code. Dated 1956 Prepared by Prof. Dr. Ernst Hirsch (from G ermany) Five books: Commercial enterprise Commercial companies Negotiable instruments Sea trade Insurance . New Code (Turkish Code of Commerce of 2011).

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Turkish Code of Commerce

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Turkish code of commerce

Turkish Code of Commerce

Samim Unan


Previous code

Previous Code

  • Dated 1956

  • Prepared by Prof. Dr. Ernst Hirsch (from Germany)

  • Five books:

    • Commercial enterprise

    • Commercial companies

    • Negotiable instruments

    • Sea trade

    • Insurance


New code turkish code of commerce of 2011

New Code (Turkish Code of Commerce of 2011)

  • Prepared by a special commission between 2000-2005

  • Waited until 2011 at the Parliament

  • Enacted in 2011

  • Introductory provisions + books

  • Six books:

    • Commercial enterprise

    • Commercial companies

    • Negotiable instruments

    • Transport

    • Sea Trade

    • Insurance


Introductory provisions

Introductory provisions

  • TCComm. is an integral part of the Turkish Civil Code of 2001.

  • Provisions of the Code of Commerce and special provisions in other laws relating to a commercial enterprise are “commercial provisions”

  • On a commercial issue, the judge shall decide on the basis of commercial provisions and where any applicable commercial provision is lacking pursuant to commercial customary rules and in default of any customary rule in accordance with general provisions.


Introductory provisions1

Introductory provisions

  • Provisions about prescription in the laws containing commercial provisions cannot be modified by stipulation.


Commercial enterprise

Commercial enterprise

  • Merchant

  • Commercial Registry

  • Trade name and name of the enterprise

  • Unfair competition

  • Commercial books and records

  • Current account

  • Agency


Commercial companies

Commercial companies

  • Numerusclausus

  • Unlimited liability of the shareholders

  • Limited liability of the shareholders


Negotiable instruments

Negotiable instruments

  • Similar to Swiss law


Transport

Transport

  • Carriage of goods

  • Carriage of furniture

  • Carriage of passengers

  • Forwarders


Sea trade

Sea Trade

  • Vessel

  • Ship owner

  • Master

  • Contracts of sea trade

    • Bare boat charter

    • Time charter

    • Voyage charter

    • Carriage under B/L


Sea trade1

Sea trade

  • Liability of the ship owner


Insurance

Insurance

  • General provisions

  • Insurance of loss

  • Personal Insurance

  • Fixed sum insurance (?)


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