Hukuk Fakültesi / Faculty of Law
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Publication Metadata only A Brief Evaluation of the Decision of the European Court of Human Rights: Celebi and the Others v. Turkey(Seçkin Yayıncılık, 2017-05) Güler, Zeynep; 245972In 17 August 1999, an earthquake in north-western Turkey occurred and caused deaths of thousands of people and destruction of the buildings. After this loss, many people brought action against the construction companies for using poor quality materials in the buildings. In these cases, different chambers of Court of Cassation decided in different ways in respect of starting of the limitation period. In the Case Çelebi and Others v. Turkey, European Court of Human Rights emphasized that the different interpretations of the same regulation cause infringement of the legal security principle. The Court held the violation of Article 6 of the Convention.Publication Metadata only Advertising Law In Turkey In International Advertising Law(Wolters Kluwer, 2017-09) Özsunay, Ergun; Özsunay, R. Murat; 114640Publication Metadata only Anayasa Mahkemesinin Kamil Serdar Oğur ve Gülhan Oğur Kararı, Başvuru Numarası: 2014/7273, Karar Tarihi: 20.04.2017 Karar İncelemesi(Seçkin Yayıncılık, 2017-07) Aykut, Gökhan; 242235The fact that the merits of the case couldn’t be examined for many years by virtue of judgments regarding –rejection of venue and lack of jurisdiction given by different court different courts resulted in violation of right to trial within a reasonable time and such a situation is unacceptable in a state of law. The judgment of the Constitutional Court dated 20.04.2017 has been examined in this scope and we came to the same conclusion with the Constitutional Court that to spend nearly 5 years to fulfill the procedural shortcomings because of misjudgments would be a violation of right to trial within a reasonable time.Publication Embargo Arbitration in Turkey An Analysis of Turkish Arbitration Legislation in Light of the UNCITRAL Model Law(ICC International Court of Arbitration, 2011-04) Özsunay, Ergun; 114640Publication Metadata only Because she was not A man gender stereotypes in employment(Seçkin Yayıncılık, 2018) Demir, Nazlı Hilal; 273247Presented here is the work on the analysis of the ECtHR Hulya Ebru Demirel v. Turkey (Appl. no: 30733/08) judgment concerning a dismissal as a security officer from sector employment on grounds of gender stereotypes. In this regard, a quick overview about the facts and Court’s assessments will be given first. Then the judgment of the Court will be reviewed and some important conclusions will be drawn.Publication Metadata only Case of Bayev and Others v. Russia(Seçkin Yayıncılık, 2018-03) Erden Tütüncü, Efser; 254842The case concerned a complaint brought by three gay rights activists about legislation in Russia banning the promotion of homosexuality, also know as the "gay propaganda law". In a series of legislative acts -most recently in 2013- "promoting non-traditional sexual relationships" among minors was made an affence punishable by a fine. As a protest against these laws, the three activists had staged demonstrations between 2009 and 2012 . They werw subsequently found guilty of administrative offences and given fines.In the case of Bayev and Others v. Russia, the Europan Court of Human Rights held (by six votes to one) that there had been a violation of Article 10 (freedom of expression) of the European Convention on Human Rights, and a violation of Article 14 (prohibition of discrimination) in conjunction with Article 10 of the Convention.The Court found in particular that, although the laws in guestion aimed primarily at protecting minors, the limits of those laws had not been clearly defined and their application had been arbitrary. Moreover, the verypurpose of the laws and the way they were formulated and applied in the applicants case hadbeen discriminatory and, overall, served no legitimate public interest.Publication Metadata only Case of Glantz v. Finland (Application No. 37394/11)(Seçkin Yayıncılık, 2017-04) Karaçoban Güneş, Tuğçe; 254840Mr Glantz Finnish citizen assertedthat the Article 4 of the Supplementary protocol No 7 of the European Convention on Human Rights was breach conceming the assertion that due to the additional tax assessment and administrative fine implemented against him, the criminal suit that was filed against him has the characteristics of double jeopardy for the same criminal action. The European Court of Human Rights (ECHR) evalualed the case in terms of The Four elemennts of nonbis in idem principle which are as follows “whether it ıs a criminal adjucation” “whether the crimes for which the applicant is charged are the same” “whether ares judicata is presented” and “whether there were duplicate proceedings”Publication Metadata only Child indemnity in the end of the work agreement between the course of special education number 5580(Istanbul Univ, Fac Law, Istanbul Univ, Fac Law, Istanbul, 00000, Turkey, 2016) Bozkurt Gümrükçüoğlu, Yeliz; 111348Publication Metadata only Corruption to Facilitate Organized Crime(Seçkin Yayıncılık, 2018-03) Sati, Mustafa Can; 275474This paper is going to analyse how corruption facilitates organized crime by referring different aspects. Accordingly, the structure of this article will be built on four main issue which are concept and definitions, approaches and methods, instance of corruption (phenomenon) and the policy that applied in different territories and laws in order to provide clear understanding. After the critical examination of the issue, the author will conclude with his own appraisal.Publication Metadata only Differences And Similarities Between The Unidroit Principles Of International Commercial Contracts 2010 And National Laws: The Turkish Perspective(Seçkin Yayıncılık, 2017-06) Özsunay, Ergun; 114640This research deals with comparisons between the UNIDROIT Principles on International Commercial Contracts, 2010 with the Turkish Code of Obligations (TCO), No. 6098 of 2011. The author examines several legal concepts of the TCO in the light of UNIDROIT Principles 2010 and tries to analyze the similarities and differences between the Principles and the national law. The research has been devoted to show that Turkish law of obligations is in harmony with the UNIDROIT Principles. In this context “general principles of the law of obligations (freedom of contract, party autonomy), conclusion and interpretation of contract, agency, grounds for avoidance (mistake, fraud, threat, gross disparity), illegality (infringement of mandatory rules), third party rights, conditions, performance and non-performance, hardship, right to terminate the contract, set-off, assignment of rights and contract, transfer of obligations, plurality of obligors and of obligees have been examined. The author is of the opinion that current TCO and the Turkish Commercial Code are in comply with many UNIDROIT Principles, and the Turkish doctrine on Law of Obligations inclines towards the solutions in the Principles. The amendments and additions to the Principles 2016 have not been taken into account as the research was made in 2014.Publication Metadata only Gender Reassignment And Sterilization In The Light Of The Case Of A.P. Garçon And Nicot V. France(Seçkin Yayıncılık, 2017) Erdoğan, Ali; 275473Publication Metadata only Historical Background of Armenian Question(2005) Köni, Hasan Selçuk; 178485Publication Metadata only Interpretation And Application Of The New York Convention In Turkey(Springer International Publishing, 2017) Özsunay, Ergun; 114640Despite some difficulties in its application, the New York Convention is still the most successful convention in Turkish arbitration practice. This chapter, while indicating the principal problems and controversies surrounding the application of the New York Convention in light of judicial precedents, also provides a picture regarding its implementation in Turkey and the ongoing developments on Turkey’s way to becoming an arbitration-friendly country.Publication Embargo Involvement of the laypersons in the Turkish adjudication system(Tre-Press, 2018) Özsunay, Ergun; ; 114640Involvement of Laypersons in the Adjudication as Judges and Public Prosecutors - 2. Involvement of Laypersons in the Adjudication as Mediator - 3. Involvement of Laypersons in the Adjudication as Arbitrator - 4. Involvement of Laypersons in the Adjudication as Witness - 5. Involvement of Laypersons in the Adjudication as Expert - 6. Involvement of Laypersons in the Adjudication through Expert Opinion (Uzman Görüşü) - 7. Involvement of Laypersons in the Adjudication in Inspection - 8. Concluding Remarks.Publication Metadata only Medical Liability and Liability of Health Institutions in Turkish Law(Brill Publishers, 2007) Özsunay, Ergun; 114640This article deals with medical liability of doctors and health institutions under Turkish law. Medical liability is based usually on a medical treatment agreement. This agreement is qualified as "mandate" (Auftrag). Under this agreement doctors are obliged to carry out medical intervention and treatment in accordance with professional standards. Informed consent is a prerequisite for all medical interventions. Treatment without patient's informed consent is a ground of liability. As regards treatment in hospitals medical treatment agreement is concluded between patient and hospital management. Doctors and other health care personnel employed by private hospitals are auxiliaries in medical treatment. Liability for treatment in State or municipality hospitals is based on administrative law. In case of malpractice, liability of physicians and health institutions covers all bodily injuries and material damages as well as immaterial damages. A draft law on liability for malpractice in medical services is being discussed by relevant circles in Turkey.Publication Metadata only New Regulations Regarding the Surety Agreement in the Turkish Code of Obligations(Manzsche Verlags- und Universitaetsbuchhandlung, 2013) Bellican, Cüneyt; 112852Publication Metadata only Protection of Cultural Heritage in Turkish Private Law(Cambridge University Press, 1997) Özsunay, Ergun; 114640The Republic of Turkey has been trying for a long time to cope with preventing the smuggling and illicit traffic of cultural property. On the one hand, it endeavors to struggle against the looting of its archaeological sites; on the other hand, it tries to prevent theft of Turkish cultural properties by stricter enforcement of existing national laws and increasing sanctions. In spite of all these endeavours, it should be pointed out that Turkey is the largest sole source of antiquities for the American market.Publication Metadata only Public Morals and Homosexuality: The Kaos GL v. Turkey Judgment(Seçkin Yayıncılık, 2017-06) Esen, Egemen; 273245The European Court of Human Rights leaves an “elbow room” to the national authorities in limiting the rights granted in the Convention under the doctrine of the margin of appreciation. At the Kaos GL v. Turkey judgment, it was assessed whether or not confiscating all the copies of the magazine on the grounds of public moral was a proportionate interference in the freedom of expression. The topic of the magazine was pornography. Besides, the magazine belongs to the association which defends LGBT rights. It is obvious that interference in the freedom of expression was made with a discriminatory motive. In this study, the legislation that justified the interference has been evaluated. In addition, it has been stated that the Court should have assessed the censorship in the context of the discrimination under the Article 14 of the Convention in conjunction with Article 10.Publication Metadata only Public Policy and International Construction Arbitration(Martinus Nijhoff, Po Box 163, Ad-3300 Dordrecht, Netherlands, 2014) Reetz, C. RyanPublication Metadata only Public Policy As A Defense Against Recognition And Enforcement Of Foreign Arbitral Awards Under The New York Convention(2018-04) Özsunay, Ergun; Özsunay, Murat R.; 114640; İstanbul Kültür Üniversitesi / Hukuk Fakültesi / Özel Hukuk Bölümü / Medeni Hukuk Anabilim Dalı