scholarly journals A Novelty in Turkish Commercial Life: Execution of QR-Code on Cheques

2017 ◽  
Vol 7 (12) ◽  
pp. 23
Author(s):  
Ebru Tüzemen Atik
Keyword(s):  
Security Requirements ◽  
Public Security ◽  
Qr Code ◽  
Final Point ◽  
General Acceptance ◽  
Commercial Code ◽  
Trade Practice ◽  
Turkish Commercial Code ◽  
The One ◽  
Common Application

<p>Cheque is an important payment instrument in commercial life.<strong>  </strong>Regulations on cheques, which have a very common application in Turkish law, are included in Articles between 780 and 823 of the Turkish Commercial Code (TCC) No. 6102 and in the Cheque Act No. 5941. Law No. 6728 dated July 15, 2016 have introduced significant changes and novelties in the regulations related to the cheques in both laws. In the preamble of the law, it has stated that these changes were the result of the necessity of introducing new regulations for the purposes of a) the speed and security requirements that cheques necessitate, b) widespread payment by cheque, c) the foundation of cheque holders' protection due to the increase in bounced cheque.</p><p>Among the most important of these changes is that the QR-Code and serial number are accepted as a compulsory form requirement for the validity of cheques. In this study, the detection of novelties related to the QR-Code application expected to give functionality to the cheques and the effects of these regulations are discussed. The QR-Code application is a convenient method to ensure the tracing of the cheques and applicability of statutory regulations on cheques.</p><p>According to the general acceptance in Turkish law, bills of exchange are bills, notes and cheques. These bills of exchange have the ability of negotiability and public security in the case of the qualification of the promissory notes or bearer cheques. Furthermore, the introduction of the QR-Code application on the one hand and the criminal arrangements envisaged in the case of bounced cheques, on the other hand, have led to reaching its final point of the security in terms of cheques.</p>Although cheques are a payment instrument by its qualification, it is also used as a credit instrument due to the possibility of arranging the postdated cheque in Turkish trade practice. Making special arrangements in order to ensure particular protection for the cheque and attractiveness of the cheque have become inevitable in this situation. The risk of bounced cheques in practice is significantly reduced with the aim of protecting the cheque holders prescribed by the amendments.

PAST AND PRESENT OF THE ULTRA-VIRES PRINCIPLE IN TURKISH COMPANIES LAW

2021 ◽  
Vol 6 (15) ◽  
pp. 520-540
Author(s):  
Gökhan GÜNCAN
Keyword(s):  
Civil Code ◽  
Legal Capacity ◽  
Legal Personality ◽  
Commercial Code ◽  
Starting Point ◽  
Conscious Choice ◽  
Turkish Commercial Code ◽  
The Subject

Abolished Commercial Code No. 6762 art. 137 limited the entitlement of commercial companies to the “subject of activity” included in the company's articles of association. Transactions exceeding the scope of operation written in the company's articles of association were deemed to be ultra vires transactions and were deemed null and void. Since the transactions that were deemed null and void were not available in the legal world, it was not possible to make them valid again. Because, a legal transaction that does not exist is invalid from the very beginning; even if the interests of all parties require it, it is not possible to validate the transaction with approval or authorization. Therefore, since transactions outside the scope of business of commercial companies were also considered null and void, there was no approval or ratification procedure that could make them valid. The only way to carry out the aforementioned transaction in a valid manner was to change the articles of association, regulate the company's field of activity to include the aforementioned transaction, and re-do the transaction from the beginning. In the Turkish Commercial Code no. 6102 art. 125 provision emphasized that commercial companies have legal personality, as in article 137 of the abolished Commercial Code no. 6762. However, unlike the abolished one, by eliminating the ultra vires principle, which is a limit to the competence of commercial companies. It has been widely accepted in the meaning of Turkish Civil Code art. 48. This issue was also included in the Turkish Commercial Code no:6102 art. 125 justification, and it was stated that the ultravires principle was abolished. Therefore, it is understood that the ultravires principle was abandoned as a result of the conscious choice of the Lawgiver. The subject of business is no longer a limiting element of the legal capacity of commercial companies. Despite this, the subject of business still maintains its importance for trading companies. Turkish Commercial Code no:6102 art. 213, which regulates the mandatory elements of the articles of association of commercial companies, in the provisions of 339 and 5 76, the subject of activity continues to maintain its place as a mandatory element that should be included in the articles of association. In the aforementioned provisions, among the mandatory elements to be included in the articles of association, as a common expression in the aforementioned company types, the phrase "business subject in a specified and defined manner" is used. The subject of operation is also in the Turkish Commercial Code no. 6102 art. 233 and in the provisions of art. 371, it remains as a factor limiting the representation authority of those authorized to represent the company. When these provisions are evaluated, it is understood that although the ultra vires principle has been abandoned in terms of the competence of commercial companies, the principle continues to be preserved in terms of representation. In the study, the provisions of abolished Commercial Code no:6762 art. 137, which limits the license of commercial companies to the subject of activity and art. 128, which defines the license in the broadest sense, were determined as the starting point, and the provisions regulating the authority of representation of commercial companies were examined. Thus, the effects of the ultra vires principle on the competence and representation of commercial companies have been comparatively examined within the framework of the abolished Commercial Code No. 6762 and the current Turkish Commercial Code No. 6102.

scholarly journals Restriction on the Authority to Represent in Turkish Joint Stock Companies Law

2019 ◽  
Vol 2 (3) ◽  
pp. 58
Author(s):  
Sıtkı Anlam Altay
Keyword(s):  
Critical View ◽  
Commercial Code ◽  
Swiss Law ◽  
Turkish Commercial Code

Turkish Joint Stock Corporations Law is based upon Swiss Law. Turkish Commercial Code of 2012 reflects a pure reception of the rules regarding the representation of the company from Swiss Law. However in 2014, Turkish Law has confronted the enforcement of Art. 371/7 TCC, which enables restrictions on the representation authority in terms of the material and monetary scope of the transaction. This study aims to bring a critical view of this regulation and to introduce a draft for a well-directed regulation with respect to restrictions related to power of representation.

scholarly journals A Hard Example Mining Approach for Concealed Multi-Object Detection of Active Terahertz Image

2021 ◽  
Vol 11 (23) ◽  
pp. 11241
Author(s):  
Ling Li ◽  
Fei Xue ◽  
Dong Liang ◽  
Xiaofei Chen
Keyword(s):  
Computer Vision ◽  
Object Detection ◽  
State Of The Art ◽  
Terahertz Imaging ◽  
Public Security ◽  
Counter Terrorism ◽  
Detection Algorithms ◽  
Public Dataset ◽  
The One ◽  
Objects Detection

Concealed objects detection in terahertz imaging is an urgent need for public security and counter-terrorism. So far, there is no public terahertz imaging dataset for the evaluation of objects detection algorithms. This paper provides a public dataset for evaluating multi-object detection algorithms in active terahertz imaging. Due to high sample similarity and poor imaging quality, object detection on this dataset is much more difficult than on those commonly used public object detection datasets in the computer vision field. Since the traditional hard example mining approach is designed based on the two-stage detector and cannot be directly applied to the one-stage detector, this paper designs an image-based Hard Example Mining (HEM) scheme based on RetinaNet. Several state-of-the-art detectors, including YOLOv3, YOLOv4, FRCN-OHEM, and RetinaNet, are evaluated on this dataset. Experimental results show that the RetinaNet achieves the best mAP and HEM further enhances the performance of the model. The parameters affecting the detection metrics of individual images are summarized and analyzed in the experiments.

Simulation Comparison of PEMFC Micro-Cogeneration Units With Conventional and Innovative Fuel Processing

2010 ◽  
Author(s):  
Leonardo Roses ◽  
Davide Bonalumi ◽  
Stefano Campanari ◽  
Paolo Iora ◽  
Giampaolo Manzolini
Keyword(s):  
Polymer Electrolyte Membrane ◽  
Performance Comparison ◽  
Fuel Processing ◽  
Electrolyte Membrane ◽  
Simulated Performance ◽  
Commercial Code ◽  
The One ◽  
Definition Of ◽  
Performance Results ◽  
Energy Balances

This paper deals with the performance comparison over simulated micro-cogeneration units based on polymer electrolyte membrane fuel cells (PEMFC or PEM), when the fuel is processed by means of two contrasting techniques. On the one hand with the use of conventional natural gas steam reforming (SR), and on the other, the adoption of an innovative palladium based membrane-reformer. After the definition of the plant layout, which reflects the results of previous studies and includes all the components of a 4 kW PEM for combined heat and power production, the comparison among the plant performances is carried out with two approaches: (i) using a in-house developed code (GS), able to calculate mass and energy balances, as well as a number of specific component parameters, already applied to a large variety of plant simulations, and (ii) using a commercial code (Aspen Plus®). The comparison allows to validate the simulated performance results as well as to evidence the advantages of the two approaches and to assess the effects of different simulation assumptions.

Corporate Governance and Accountability in the Age of Multilevel Governance in Turkey

2019 ◽  
pp. 117-139
Author(s):  
Gülşah Atağan
Keyword(s):  
Corporate Governance ◽  
Financial Markets ◽  
Capital Markets ◽  
Capital Market ◽  
Multilevel Governance ◽  
Governance Environment ◽  
Commercial Code ◽  
Governance Practices ◽  
Turkish Commercial Code ◽  
Legal Infrastructure

Corporate governance and accountability are getting more and more important both for world and Turkish economies thanks to increasing competitiveness conditions among companies. Applications of corporate governance principles can show differences from country to country. In Turkey, The Capital Markets Board issued corporate governance principles in 2003 to improve the corporate governance environment and integrate the Turkish capital market with global financial markets. The board has also adopted these principles in 2005 and made them final. The new Turkish Commercial Code is based on corporate governance principles. The new Turkish Commercial Code constitutes the legal infrastructure for corporate governance practices.

Part 2 National and Regional Reports, Part 2.4 Europe: Coordinated by Thomas Kadner Graziano, 49 Turkey: Turkish Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Ekşi Nuray
Keyword(s):  
International Law ◽  
Private International Law ◽  
International Treaties ◽  
International Treaty ◽  
Foreign Nationals ◽  
Procedural Law ◽  
Commercial Code ◽  
Turkish Commercial Code ◽  
The Hague ◽  
Nationality Law

This chapter explores Turkish perspectives on the Hague Principles. The content of Turkish Private International Law is highly comprehensive. In addition to choice of law and international procedural law, it also covers nationality law, as well as the law on foreign nationals. Private international law rules and issues regarding international procedural law are codified in Law No 5718 on Private International Law and Procedural Law (PILA), which has been in force since 2007. Besides the PILA, the Turkish Commercial Code contains conflict of laws rules regarding bills of exchange, checks, and promissory notes. According to Article 1(2) PILA, the application of international treaties ratified by Turkey takes priority over the application of PIL rules. Consequently, in each case, the court, before taking into account PILA’s Articles, has to determine whether any international treaty exists regarding international commercial contracts. If an international treaty exists, then it takes priority unless otherwise expressed in the treaty itself. For the time being, the Turkish Parliament has no intention to revise the PILA and supplement it with the Hague Principles.

Zur Reversibilität von Rechtsfolgen einer vorsorgenden Sicherheitspolitik

2019 ◽  
Vol 52 (3) ◽  
pp. 359-388
Author(s):  
Patricia Wiater
Keyword(s):  
Security Policy ◽  
Terrorist Attack ◽  
Setting Time ◽  
Public Security ◽  
German State ◽  
Constitutional Principle ◽  
Legal Consequence ◽  
Principle Of Proportionality ◽  
The One ◽  
Legal Consequences

Since the terrorist attack on Berlin’s Breitscheidplatz took place in December 2016, German state interior ministries deport potential top terrorists in the accelerated procedure under section 58a Residence Act (AufenthG). As a legal consequence, section 11‍(5) Residence Act imposes a lifelong entry ban to foreigners who have been deported on the basis of § 58a Residence Act. In defining the requirements for deporting potential top terrorists, the ministries do not refer to the foreseeability of a concrete terrorist attack, but to the risk arising from the person concerned. Consequently, deportation orders can also be issued to persons who, although identifying with radical extremist Islamism, would not have committed terrorist attacks in case they had stayed in Germany. This practice of accepting misjudgements, that is of deporting „the wrong“, for the sake of public security forms part of the broader concept of fighting terrorism pre-emptively. The paper reveals that there is a twofold need for reform of the German lifelong entry ban for potential top-terrorists: It arises, on the one hand, from the fact that section 11 Residence Act violates EU law requirements of the „Return Directive“ and, on the other hand, from the constitutional principle of proportionality. De lege lata, this principle is infringed because the legal consequence of a lifelong entry ban does not mitigate the deliberate acceptance of misjudgements within the framework of section 58a Residence Act. The paper argues that the constitutionality of pre-emptive security policy presupposes that the factual and legal consequences of misjudgements are reversible. As a consequence, the constitutionality of section 11 Residence Act with regards to potential top terrorists depends on setting time limits on entry bans.

A Brief Comment on Science-based Risk Regulation Within the European Union

2012 ◽  
Vol 3 (1) ◽  
pp. 86-91 ◽  
Author(s):  
Barbara Stibernitz
Keyword(s):  
Decision Making ◽  
European Union ◽  
Central Position ◽  
The European Union ◽  
Risk Regulation ◽  
General Acceptance ◽  
Scientific Experts ◽  
Democratic Control ◽  
The One

Nowadays as political decision making involves such a huge range of complex matters, scientific experts have become more and more involved in European risk regulation. The support by so-called independent experts may, on the one hand, be seen as a guarantee of rational decision making, increasing the quality of decisions as well as the general acceptance of all people affected. On the other hand, the number of expert groups, scientific committees and agencies helping the Commission in fulfilling its duties is vast and confusing.In addition, scientific advisory bodies often face the burden of unrealizable independence, as well as a lack of transparency and democratic control. This article sums up the central position of science-based risk regulation within the European Union (EU), referring to the necessity for expert opinion as well as to consequent problems concerning the involvement of these experts in risk regulatory actions.

Sign in / Sign up

Export Citation Format

Share Document