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Legal Reviews and Publications
Information on the European Union's Relationship with FATF, Relevant European Union Legislation (AML-CTF), MONEYVAL Members and Its Operation
It has been observed that since the late 1980s, regulations have been made to prevent money laundering around the world. Measures have been taken not only at the national level but also at the international level in order to prevent the circulating of the revenues obtained through illegal means, especially the revenues obtained from the drug trade, in other words to prevent money laundering activity. First, the G-7 countries established the Financial Action Task Force (FATF) to combat money laundering in 1989, and then the European Union (EU) in this process, the first in 1991 and the last one in parallel with the FATF's recommendations. It adopted five AML (Anti Money Laundring, Prevention of Money Laundering) directives that came into force in 2018. In the first part of this study, the legislation of the European Union on the prevention of money laundering and the fight against terrorist financing (Counter-Terrorism Financement) will be examined and, where necessary, the relationship of these legislations with the recommendations of FATF has been mentioned. In the second part, information about Moneyval, which is the monitoring board of the European Commission, is given.
Minority Rights in Joint Stock and Limited Liability Companies
Joint stock and limited liability companies are partnership types in which the majority principle is valid. At this point, it is necessary to prevent the majority from using the company only for their own benefit by using the power in their hands. For this purpose, the legislator gave them the right to participate in the management at some points in order to protect the minority shareholders in the companies. In this way, it was tried to prevent internal conflicts of interest and to establish a balance between shareholders who have a voice in the company's management and those who do not.
Although minority rights are mentioned in the fourth part of the TTK (Turkish Commercial Code) titled “joint stock company”; From the references made to the provisions of joint stock companies in the sections where limited liability companies are regulated, and from the interpretation of the provisions regarding limited liability companies, it is concluded that some minority rights existing in joint stock companies are also granted to minority shareholders in limited liability companies.
In this study, minority rights related to joint stock companies are mentioned and necessary explanations are made where minority rights can be applied to limited liability companies as well.
Liability of the Immovable Owner
Although the right to property is the right that gives the right owner the widest powers, there are also some legal limitations of the right in question. Some of these limitations are related to neighborly relations, and the owner of the property right is under the obligation not to adversely affect his neighbors by exceeding the limits of the property right, in other words, not to act in an excessive manner while exercising this right. Here, the legislator has brought article (art.) 730 of the Turkish Civil Code (TMK) with the margin title "Responsibility of the owner of the immovable" in order to regulate the situation where the owner violates this obligation arising from neighborly relations and harms his neighbors.
In our study, this state of responsibility will be examined in detail by mentioning the restrictions of the right of ownership where necessary, and finally, the Turkish Code of Obligations (TBK) art. 69 and similar and different aspects are expressed.
Establishment and Operation of E-Sports Clubs
In our study, information is given about the things to be done for the establishment of an "E-Sports Club" and how the procedures will be done, the contracts to be signed with the athletes, the organizational structure of the clubs and the registration of the club.
TBK (Turkish Code of Obligations) Artical 346 Prohibition of Arranging the Rental Agreement against the Tenant
In the study, Article 346 of the Turkish Code of Obligations was examined and explanations were made on the subject.
Analysis of Yakup ERGİNCAN and Ümit YAYLA's Article titled “Important Regulations in the EU and the USA After the 2008 Financial Crisis and Their Effects on the New Turkish Capital Markets Law”
In this study, the aforementioned article of Yakup ERGİNCAN and Ümit YAYLA is examined in order to better understand the changes in the Turkish Capital Markets Law.