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- Title
ANONİM ŞİRKETLERDE HAKLI SEBEPLERLE FESİH HAKKININ YARGITAY İÇTİHATLARI ÇERÇEVESİNDE DEĞERLENDİRİLMESİ.
- Authors
ERTEN, Cengiz
- Abstract
Among the others, one of the important novelty that the new Turkish Commercial Code law no. 6102 introduced is recognition of the dissolution of joint stock companies on the basis of just causes as a minority shareholders'right under art. 531. What considered as just causes can be withdrawn, first of all, from interpretation of Swiss Federal Court that of the Swiss Code of Liabilities, which is source for the Turkish Code, and Turkish jurispridence on said art. 531. In practice, through first instance courts' decision and the Court of Cassation's judgements the concept of just causes and alternative solutions proposed in place of dissolution, together with the limit of the courts'power of discretion on the matter are becoming clear. In this study, the concept of just causes for the dissolution of the joint stock companies is grappled under the light of Court of Cassation's jurisprudence on the case by case basis.
- Publication
Journal of Judgments by the Court of Jurisdictional Disputes / Uyusmazlik Mahkemesi Dergisi, 2019, Issue 13, p187
- ISSN
2147-8376
- Publication type
Article
- DOI
10.18771/mdergi.581888