Newsletter 2018

Newsletter 2018

Editör : Prof. Dr. H. Ercüment ERDEM

2019/04 1. Baskı, 512 Sayfa, Ciltli

ISBN 978-605-7622-47-1

We are honored to bring to you our new book, "Newsletter 2018". This year marks the ninth edition of our book that has been published since 2010. At the end of each year, we compile the articles that are posted monthly on our website into a book to allow our readers a collective outlook on the year's key legal developments. Our Newsletter book is the product of an ongoing tradition. This tradition is to research a wide variety of legal disciplines, some of which are in new areas of law developed in parallel to meet the needs of the today's business, and to publish this research.(FROM THE PREFACE)

SUMMARY OF CONTENTS

COMMERCIAL LAW

Share Pledges in Joint Stock Companies

Share Pledges in Limited Liability Companies

Usufruct Right on Joint Stock Company's Registered Shares

Prohibition of Joint Stock Companies' Subscription for their own Shares

Premium Capital Increase in Joint Stock Companies

Contractual Guarantees and Exemption Clauses in Commercial Sales Contracts

Installment Sales Agreements

Updated FIDIC Contracts

Trust Liability in terms of Groups of Companies

The Consequences of Late Payment in the Procurement of Goods and Services

Amendments on Capital Loss and Insolvency

Arrest of Ships under Turkish Law

General Assembly of the Court of Cassation Decision that Unification of Judgments where Consent of Spouse for Surety is not required for Aval

COMPETITION LAW

Recent Developments in the Right of Access to Files

Recent Developments in Abuse of Dominance Concerning Online Platforms

General Evaluation Regarding the Decisions of the Competition Board in the Electricity Distribution Sector

New Horizons in Competition Law; Diesel Emissions Scandal

Cards are being redistributed in the Turkish Beer Market

The Recent Motor Vehicles Insurance Decision of the Competition Board

Following the Commission's Decision, the Turkish Competition Board also Fined Google

ARBITRATION LAW

Amendments Introduced through Law No. 7101 on Arbitration Proceedings

Diversity in International Arbitration

60 Years of the New York Convention

Amendment of ICSID Rules and Regulations

The Prague Rules on the Taking of Evidence in Arbitration

Consequences of the Failure to comply with Document Production Orders in International Arbitrations

Resolution of Disputes through Arbitration in Agreements Concluded under the Public Procurement Contracts Law

Arbitration Agreements Concluded by Agents and the Specific Authority Issue

The Effect of the Turkish Language Requirement on the Validity of Arbitration Agreements

Extension of the Arbitration Agreement to the Insurer in terms of Subrogation

Cost Allocation in International Arbitration

Decision of the General Assembly Regarding Arbitral Awards Subject to Action to Set Aside

Challenging Arbitrators and LCIA Challenge Decisions

Impact of the Achmea Judgment on Investment Arbitration

CAPITAL MARKETS LAW

Important Changes in Capital Markets Legislation

Market Manipulation Offense in terms of Turkish Capital Markets Law

MiFID II and Its Eventual Impacts on Turkey

Mandatory Share Purchase Offer

Public Disclosure Obligation

Management of Information Systems

Regulatory Approaches to Crowdfunding in European Union

Crowdfunding in Turkey

LAW OF OBLIGATIONS

Is the Convention on Contracts for the International Sale of Goods (CISG) Applicable to Contracts for Work?

Amendments to the Communiqué on Decree No. 32 on the Protection of the Value of Turkish Currency

Foreign Currency Payment Ban

Adapting Bilateral Agreements based on Natural Gas in the Electricity Market

LAW OF CIVIL PROCEDURE

Opinion of the Court of Cassation on the Contention of Expert Opinion and Expert Report

Decision of the Court of Cassation General Assembly on the Unification of Judgments holding that an Amendment cannot be filed after Reversal of the Verdict

Forum Shopping Decision of the Federal Supreme Court of Switzerland

ENFORCEMENT AND BANKRUPTCY LAW

Recent Developments on the Enforcement and Bankruptcy Law and Concordat

Important Amendments to the Execution and Bankruptcy Law, Concordat and Mandatory Mediation

Qualifications and Duties of Concordat Trustee

Constitutional Court Decision of the Action for Annulment of the Disposition Transaction

INTELLECTUAL PROPERTY LAW

Employee Inventions

Coexistence Agreements

Possibilities and the Results of Trademark Confusion

Malicious Registration within the Scope of Trademark Law

PERSONAL DATA PROTECTION

The General Data Protection Regulation in Force

General Information on Registration to the Data Controllers Registry and the Decision of the Personal Data Protection Authority

LABOR LAW

Importance of Obtaining Defense Statement in Labor Law

Employers' Liabilities Arisen from the Occupational Health and Safety in Light of the Decisions of the Court of Cassation

TAX LAW

Transfer of Real Estate through Partial Spin-Off

MISCELLANEOUS

Intragroup Loans

The Regulation on Application of Industry Cooperation Projects

Certain Amendments Projected for the Code on Pledges of Movables in Commercial Transactions

The Start of a New Era in Turkey: Presidential System of Government - I

The Start of a New Era in Turkey: Presidential System of Government - II

May Deceived Spouse Claim Compensation from the Third Person who has had a Relationship with the Deceiving Spouse?

LEGAL DEVELOPMENTS

Important International Agreements

Important Council of Ministers Resolutions

Important President Resolutions

The Grand National Assembly of Turkey Decisions

Important Changes and Developments in Laws

Important Changes and Developments in Regulations

Important Changes and Developments in Communiqués

Important Changes and Developments in General Communiqués

Important Changes and Developments

Important Legislation and Decisions regarding Competition

Important Legislation and Decisions regarding Mergers and Acquisitions

Important Changes and Developments regarding Energy Law

Important Precedents and Other Decisions

THESAURUS