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- Title
ANONİM ŞİRKET GENEL KURUL TOPLANTISI ÇAĞRI USÛLÜNE UYULMAMASI TOPLANTIYA KATILAMAYAN PAY SAHİBİNİN MÜLKİYET HAKKINI İHLÂL EDER Mİ? -Farazî Bir Bireysel Başvuru Çerçevesinde İnceleme-
- Authors
KIRCA, İsmail
- Abstract
The shareholder, who cannot participate the general meeting of the joint stock company due to an irregular convocation, may request the annulment of the decisions taken in her/his absence. According to the jurisprudence of the Court of Appeal, in order for an action for annulment resulted in success solely on the grounds that the convocation is irregular, the shareholder's share of votes must be effective in taking the decision of the general meeting. Likewise, if the decision taken in her/his absence is legal contentwise, the action for annulment filed by the shareholder who could not participate the meeting should be rejected. As a result of this attitude of the Court of Appeal, the shareholder is deprived of inalienable rights such as the right to participate in the general meeting, to express opinions and suggestions on the issues discussed in the general assembly, and to vote, and the position of being shareholder loses its function considerably. The subject of this article is whether the aforementioned jurisprudence of the Court of Appeal result in a violation of the shareholder's property right, which is protected by the provisions of art. 35 of the Constitution and art. 1 of Additional Protocol (1) to the European Convention on Human Rights.
- Subjects
STOCK companies; APPELLATE courts; STOCKHOLDERS; HUMAN rights; PROPERTY rights
- Publication
Banking & Commercial Law Journal / Banka ve Ticaret Hukuk Dergisi, 2021, Vol 37, Issue 4, p5
- ISSN
1300-1396
- Publication type
Article