Subjects -> LAW (Total: 1571 journals)
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    - INTERNATIONAL LAW (190 journals)
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    - LAW (964 journals)
    - LAW: GENERAL (9 journals)

LAW (964 journals)            First | 1 2 3 4 5     

Showing 201 - 354 of 354 Journals sorted alphabetically
e-Pública : Revista Eletrónica de Direito Público     Open Access   (Followers: 1)
East Asia Law Review     Open Access   (Followers: 2)
ECI Interdisciplinary Journal for Legal and Social Policy     Open Access   (Followers: 3)
Economics and Law     Open Access   (Followers: 3)
Edinburgh Law Review     Hybrid Journal   (Followers: 19)
Education and the Law     Hybrid Journal   (Followers: 16)
El Cotidiano     Open Access   (Followers: 1)
Election Law Journal     Hybrid Journal   (Followers: 18)
Energy Law Journal     Full-text available via subscription   (Followers: 6)
Environmental Justice     Hybrid Journal   (Followers: 11)
Environmental Law Review     Full-text available via subscription   (Followers: 22)
Environmental Policy and Law     Hybrid Journal   (Followers: 15)
ERA-Forum     Hybrid Journal   (Followers: 5)
Erasmus Law Review     Open Access  
Erciyes Üniversitesi Hukuk Fakültesi Dergisi     Open Access  
Espaço Jurídico : Journal of Law     Open Access   (Followers: 1)
ESR Review : Economic and Social Rights in South Africa     Open Access   (Followers: 3)
Ethnopolitics     Hybrid Journal   (Followers: 3)
Ethos: Official Publication of the Law Society of the Australian Capital Territory     Full-text available via subscription   (Followers: 5)
EU Agrarian Law     Open Access   (Followers: 4)
Europaisches Journal fur Minderheitenfragen     Hybrid Journal   (Followers: 2)
European Energy and Environmental Law Review     Full-text available via subscription   (Followers: 13)
European Journal for Education Law and Policy     Hybrid Journal   (Followers: 9)
European Journal of Comparative Law and Governance     Hybrid Journal   (Followers: 13)
European Journal of Law and Technology     Open Access   (Followers: 21)
European Journal of Psychology Applied to Legal Context     Open Access   (Followers: 7)
European Law Journal     Hybrid Journal   (Followers: 203)
European Public Law     Full-text available via subscription   (Followers: 41)
European Review of Contract Law     Hybrid Journal   (Followers: 26)
European Review of Private Law     Full-text available via subscription   (Followers: 37)
European Yearbook of Minority Issues Online     Hybrid Journal   (Followers: 5)
Evaluation Review     Hybrid Journal   (Followers: 8)
Evidence & Policy : A Journal of Research, Debate and Practice     Hybrid Journal   (Followers: 12)
Faulkner Law Review     Full-text available via subscription   (Followers: 1)
Federal Communication Law Journal     Full-text available via subscription   (Followers: 2)
Federal Law Review     Full-text available via subscription   (Followers: 33)
Federal Probation     Full-text available via subscription   (Followers: 2)
Feminist Legal Studies     Hybrid Journal   (Followers: 19)
feminists@law     Open Access   (Followers: 4)
Fiat Justisia     Open Access  
FinanzRundschau : Zeitschrift für das gesamte Ertragsteuerrecht     Hybrid Journal  
First Amendment Studies     Hybrid Journal  
Florida Bar News     Free  
Florida Law Review     Open Access   (Followers: 4)
Florida State University Law Review     Open Access   (Followers: 4)
Fordham Environmental Law Review     Open Access   (Followers: 2)
Fordham Intellectual Property, Media and Entertainment Law Journal     Open Access   (Followers: 20)
Fordham Law Review     Open Access   (Followers: 15)
Forensic Science International : Mind and Law     Open Access   (Followers: 3)
FORO. Revista de Ciencias Jurídicas y Sociales, Nueva Época     Open Access   (Followers: 2)
Frónesis     Open Access   (Followers: 1)
Fundamina : A Journal of Legal History     Open Access   (Followers: 6)
Geoforum     Hybrid Journal   (Followers: 30)
George Washington Law Review     Free   (Followers: 7)
Georgia Law Review     Open Access   (Followers: 2)
Georgia State University Law Review     Open Access   (Followers: 3)
GISAP : Economics, Jurisprudence and Management     Open Access  
Global Journal of Comparative Law     Hybrid Journal   (Followers: 3)
Global Labour Journal     Open Access   (Followers: 11)
Golden Gate University Environmental Law Journal     Open Access   (Followers: 2)
Golden Gate University Law Review     Open Access   (Followers: 2)
Graduate Law Journal     Open Access  
Grey Room     Hybrid Journal   (Followers: 17)
Griffith Law Review     Hybrid Journal   (Followers: 13)
GSTF Journal of Law and Social Sciences     Open Access   (Followers: 2)
Hague Journal on the Rule of Law     Full-text available via subscription   (Followers: 14)
Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam     Open Access   (Followers: 1)
Hamline Law Review     Open Access   (Followers: 2)
Handbook of Law and Economics     Full-text available via subscription   (Followers: 17)
Haramaya Law Review     Open Access   (Followers: 1)
Harvard Environmental Law Review     Free   (Followers: 11)
Harvard Human Rights Journal     Open Access   (Followers: 9)
Harvard Journal of Law & Public Policy     Free   (Followers: 32)
Harvard Journal of Law and Gender     Free   (Followers: 29)
Harvard Law Review     Free   (Followers: 97)
Hasanuddin Law Review     Open Access   (Followers: 5)
Hastings Law Journal     Free   (Followers: 9)
Health Matrix : The Journal of Law-Medicine     Open Access   (Followers: 1)
Helsinki Law Review     Open Access  
High Court Quarterly Review, The     Full-text available via subscription   (Followers: 3)
Hofstra Law Review     Open Access   (Followers: 2)
Horyzonty Polityki     Open Access  
Houston Law Review     Free   (Followers: 3)
Hukum Dan Dinamika Masyarakat     Open Access  
Hukum Islam     Open Access  
Human Rights Education Review     Open Access  
IALS Student Law Review     Open Access   (Followers: 5)
IDÉIAS : Revista dos estudantes da Faculdade de Direito do Recife (UFPE)     Open Access  
IDP. Revista de Internet, Derecho y Politica     Open Access   (Followers: 2)
IIUM Law Journal     Open Access   (Followers: 1)
Indian Law Review     Hybrid Journal  
Indiana Journal of Global Legal Studies     Full-text available via subscription   (Followers: 1)
Indiana Law Journal     Open Access   (Followers: 3)
Indigenous Law Bulletin     Full-text available via subscription   (Followers: 20)
Indigenous Peoples’ Journal of Law, Culture & Resistance     Open Access   (Followers: 2)
Indonesia Law Review     Open Access   (Followers: 5)
Indonesian Journal of Legal and Forensic Sciences     Open Access  
Information & Communications Technology Law     Hybrid Journal   (Followers: 23)
İnönü Üniversitesi Hukuk Fakültesi Dergisi     Open Access   (Followers: 1)
InSURgência : revista de direitos e movimentos sociais     Open Access  
Inter: Revista de Direito Internacional e Direitos Humanos da UFRJ     Open Access   (Followers: 1)
Intergenerational Justice Review     Open Access  
International and Comparative Law Review     Open Access   (Followers: 3)
International Data Privacy Law     Hybrid Journal   (Followers: 22)
International Free and Open Source Software Law Review     Open Access   (Followers: 9)
International Journal of Children's Rights     Hybrid Journal   (Followers: 23)
International Journal of Clinical Legal Education     Open Access  
International Journal of Disclosure and Governance     Hybrid Journal   (Followers: 6)
International Journal of Healthcare Policy     Hybrid Journal   (Followers: 1)
International Journal of Language & Law     Open Access   (Followers: 3)
International Journal of Law Reconstruction     Open Access  
International Journal of Legal Discourse     Hybrid Journal  
International Journal of Legal Information     Full-text available via subscription   (Followers: 349)
International Journal of Legal Medicine     Hybrid Journal   (Followers: 10)
International Journal of Liability and Scientific Enquiry     Hybrid Journal   (Followers: 1)
International Journal of Marine and Coastal Law     Hybrid Journal   (Followers: 21)
International Journal of Mental Health and Capacity Law     Open Access   (Followers: 2)
International Journal of Public Legal Education     Open Access   (Followers: 1)
International Journal of Punishment and Sentencing, The     Full-text available via subscription   (Followers: 9)
International Journal of Rural Law and Policy     Open Access   (Followers: 3)
International Journal of Speech Language and the Law     Hybrid Journal   (Followers: 9)
International Journal of Technology Policy and Law     Hybrid Journal   (Followers: 7)
International Journal of the Legal Profession     Hybrid Journal   (Followers: 9)
International Journal of the Sociology of Law     Hybrid Journal   (Followers: 23)
International Law Research     Open Access   (Followers: 2)
International Peacekeeping     Hybrid Journal   (Followers: 479)
International Review of Economics, Management and Law Research     Open Access  
International Sports Law Journal     Hybrid Journal   (Followers: 6)
International Theory: A Journal of International Politics, Law and Philosophy     Hybrid Journal   (Followers: 19)
Internationale SteuerRundschau : Zeitschrift für das gesamte Internationale und Europäische Steuerrecht     Hybrid Journal  
IP Theory     Open Access   (Followers: 12)
Isonomía. Revista de Teoría y Filosofía del Derecho     Open Access   (Followers: 1)
Iter Ad Veritatem     Open Access  
Iuris Dictio     Open Access  
Iuris Tantum Revista Boliviana de Derecho     Open Access  
Ius Canonicum     Full-text available via subscription  
Ius et Praxis     Open Access  
IUS ET SCIENTIA     Open Access   (Followers: 1)
IUSTA : Derecho, investigación, conflicto, prácticas jurídicas     Open Access  
James Cook University Law Review     Full-text available via subscription   (Followers: 4)
Jeffrey S. Moorad Sports Law Journal     Open Access   (Followers: 1)
JILS (Journal of Indonesian Legal Studies)     Open Access   (Followers: 2)
Jindal Global Law Review     Hybrid Journal   (Followers: 1)
John Marshall Journal of Information Technology & Privacy Law     Full-text available via subscription   (Followers: 7)
John Marshall Law Review     Full-text available via subscription  
John Marshall Review of Intellectual Property Law     Free   (Followers: 10)
Journal for European Environmental & Planning Law     Hybrid Journal   (Followers: 6)
Journal for Juridical Science     Full-text available via subscription  
Journal für Rechtspolitik     Hybrid Journal  
Journal of African Law     Full-text available via subscription   (Followers: 2)
Journal of Applied Law and Policy     Full-text available via subscription   (Followers: 3)
Journal of Banking Regulation     Hybrid Journal   (Followers: 27)
Journal of Business & Technology Law     Open Access   (Followers: 1)
Journal of Commonwealth Law and Legal Education     Hybrid Journal   (Followers: 5)
Journal of Conflict and Security Law     Hybrid Journal   (Followers: 19)
Journal of Contemporary Health Law & Policy     Open Access   (Followers: 2)
Journal of Digital Forensics, Security and Law     Open Access  
Journal of Dinamika Hukum     Open Access   (Followers: 1)
Journal of Empirical Legal Studies     Hybrid Journal   (Followers: 10)
Journal of Energy & Natural Resources Law     Hybrid Journal   (Followers: 6)
Journal of Environmental Law     Hybrid Journal   (Followers: 21)
Journal of Environmental Policy & Planning     Hybrid Journal   (Followers: 14)
Journal of European Consumer and Market Law     Hybrid Journal   (Followers: 6)
Journal of Gender, Social Policy & the Law     Open Access   (Followers: 21)
Journal of Health & Biomedical Law     Full-text available via subscription   (Followers: 4)
Journal of Human Security     Open Access   (Followers: 10)
Journal of Information Rights, Policy and Practice     Open Access  
Journal of Intelligent Transportation Systems: Technology, Planning, and Operations     Hybrid Journal   (Followers: 4)
Journal of International Peacekeeping     Hybrid Journal   (Followers: 334)
Journal of Intervention and Statebuilding     Hybrid Journal   (Followers: 9)
Journal of Islamic and Near Eastern Law     Open Access   (Followers: 4)
Journal of Istanbul University Law Faculty     Open Access  
Journal of Law and Conflict Resolution     Open Access   (Followers: 7)
Journal of Law and Courts     Full-text available via subscription   (Followers: 8)
Journal of Law and Education     Full-text available via subscription   (Followers: 11)
Journal of Law and Health     Open Access   (Followers: 9)
Journal of Law and Legal Reform     Open Access   (Followers: 2)
Journal of Law and Policy     Open Access   (Followers: 3)
Journal of Law and Regulation     Open Access   (Followers: 1)
Journal of Law and Religion     Full-text available via subscription   (Followers: 10)
Journal of Law and Social Policy     Open Access   (Followers: 5)
Journal of Law and Society     Hybrid Journal   (Followers: 39)
Journal of Law and the Biosciences     Open Access   (Followers: 5)
Journal of Law, Information and Science     Full-text available via subscription   (Followers: 19)
Journal of Law, Medicine & Ethics     Hybrid Journal   (Followers: 24)
Journal of Law, Policy and Globalization     Open Access   (Followers: 18)
Journal of Law, Religion and State     Hybrid Journal   (Followers: 8)
Journal of Legal Affairs and Dispute Resolution in Engineering and Construction     Full-text available via subscription   (Followers: 5)
Journal of Legal Analysis     Open Access   (Followers: 7)
Journal of Legal Anthropology     Full-text available via subscription   (Followers: 1)
Journal of Legal Education     Open Access   (Followers: 7)
Journal of Legal Pluralism and Unofficial Law     Hybrid Journal   (Followers: 3)
Journal of Legal Studies     Open Access   (Followers: 10)
Journal of Legal Studies     Full-text available via subscription   (Followers: 46)
Journal of Legal Studies Education     Hybrid Journal   (Followers: 7)
Journal of Legal, Ethical and Regulatory Issues     Open Access   (Followers: 5)
Journal of Media Law     Hybrid Journal   (Followers: 10)
Journal of Medical Law and Ethics     Full-text available via subscription   (Followers: 16)
Journal of National Security Law & Policy     Free   (Followers: 8)
Journal of Nursing Law     Hybrid Journal   (Followers: 5)

  First | 1 2 3 4 5     

Similar Journals
Journal Cover
Journal of Istanbul University Law Faculty
Number of Followers: 0  

  This is an Open Access Journal Open Access journal
ISSN (Print) 1303-4375
Published by İstanbul Üniversitesi Homepage  [33 journals]
  • The Application Sphere Of Personal Data Protection Code And General
           Justification Grounds Of Processing From The Perspective Of Civil Law

    • Authors: Nafiye Yücedağ
      Abstract: The Turkish Data Protection Code numbered 6698 which was accepted on 24 March 2016 and has been published on the Official Gazette dated on 7 April 2016 and numbered 2967 is mainly inspired by the 95/46/EC Directive. However, some provisions related to the application sphere and general justification grounds in the Turkish Data Protection Code differ with respect to those under the 95/46/EC Directive. While some of these provisions of the Code maintain further protection provided by the Directive to the data subject, others do not sufficiently safeguard the interest of the data subject. In this study, these provisions of the Data Protection Code have been evaluated in line with the aim of the Code, that is to say the protection of fundamental rights and freedoms, particularly the right to private life of the data subject. The similarities and differences compared to the 95/46/EC Directive have also been considered. 
      PubDate: Thu, 10 May 2018 00:00:00 +030
  • (An Examınatıon About Rıght Of Access To Court From The Perspectıve Of
           Tax Law (Contradıctory Decısıon Prohıbıtıon – Examples From The
           Councıl Of State Decısıons And Legal Interpretatıon On Body Of

    • Authors: Mahmut Kaşıkcı
      Abstract: In this article rightto legal remedies and it is derivative; right to access to court, have beenaddressed in the context of tax law. In this respect, we have examined theright of access to the court, taking into account the provisions of theinternational treaty. Later on, explanations have been made on how to interpretthe procedural rules that restrict this right and what the basic features of theprocedural rules should be. In this context, examples from the decisions of theCouncil of State regarding the issue have been given and the interpretation ofthe ECHR has been given.
      PubDate: Thu, 10 May 2018 00:00:00 +030
  • (Analysis On The General Terms And Conditions Of Life Insurance’s
           Compatibility With The Turkish Commercial Code Provisions)

    • Authors: Evrim Akgün
      Abstract: The legislation to be applied primarily to life insurance contracts is the Turkish Commercial Code. Additionally, the provisions of the General Terms and Conditions of Life Insurance, which is part of the contract, will also be applied to such contracts2. While the last revision of the current General Terms and Conditions of Life Insurance (‘general terms’) has been made in 2002, whereas the Turkish Commercial Code No.6102 (‘TCC’) was adopted in 2011. When the two regulations are compared, it has been understood that the provisions of the general terms are not fully compitable with the regulations of the TCC. The aim of this analysis is to scrutinise the compatibility of the provisions of general terms with the TCC regulations and determine which provisions of the general terms are still acceptable. First, a general information will be given on the general terms, then the provisions of the general terms will be examined, in this analysis. The examination will start with the determination of whether the provisions of the general terms contradict with the first and second paragraphs of Art. 1452 and Art. 1520 TCC, which are mandatory rules. After this examination, the provisions of the general terms will be scrutinised to analyse whether they are disadvantageous to the policy holder, the insured and the beneficiary according to the third paragraphs of the aforementioned articles of the TCC.
      PubDate: Thu, 10 May 2018 00:00:00 +030
  • (The Impact Of The Notice Of Abandonment Upon The Reasons For Divorce And
           The Claim For Non-Pecuniary Damages In The Light Of The Supreme Court’s

    • Authors: Tülay Aydın Ünver; Şeyda Dursun Karaahmetoğlu
      Abstract: Abandonment is one of the special reasons for divorce. A spouse, who wants to sue for a divorce based on the abandonment, has to send a notice through a notary public or judge and warn another spouse about returning the family home and the consequences of the non-performance of returning (TCC. Art. 164 II). The Supreme Court takes into consideration the notice not only at a divorce case based on abandonment but also other grounds for divorce especially irretrievable breakdown of marriage. According to the rulings of the Supreme Court, the spouse, who sends a notice to another spouse and warns him/her to return the family home, in essence, has forgiven or at least tolerated the misconducts of another spouse until the notice through the notice. Therefore, the spouse who sends a notice to another spouse about returning home is not able to sue for a divorce based on irretrievable breakdown of marriage on the ground of another spouse’s misconducts until the notice. Similarly, the Supreme Court denies the claims of the claimant spouse for satisfaction in the divorce cases based on abandonment. In this study, the rulings of the Supreme Court have been scrutinized in the light of doctrine. 
      PubDate: Thu, 10 May 2018 00:00:00 +030
  • Landowner’s Liability To Owners Of Neighbouring Properties For Losses
           And Damages During Construction Activities

    • Authors: Şirin Aydıncık Midyat
      Abstract: The nowadays highly increased construction activities often have some direct or indirect negative consequences for third parties, especially neighbours. Building machinery causes noise and dust, and also leads to shocks and vibrations; again, put up scaffoldings and construction materials piled on access ways due to construction works also impedes or even obstructs access and exit from and to the residences and shops located in neighbouring premises. Due to this reason, it sometimes occurs that neighbours suffer psychological disturbances it is also observed that tenants of neighbouring premises vacate their apartments or that the revenue of businesses decreased due to absence of customers. Apart from this, there are various negative consequences during construction such as the destruction of neighbouring buildings due to foundation excavation without taking necessary precautions or stockpiling of excavation land to the neighbouring property. It can be readily said that construction activities carried out under such circumstances reach difficult to bear dimensions for the neighbours. In this study, we have addressed the question of the extent to which neighbours who are aggrieved or harmed due to construction activities are obliged to bear these activities in the framework of neighbourhood law rules, and whether they have the possibility to prevent such adverse situations or in particular, if they can claim compensation for damages they suffer due to such activities from the property owner. The study also referred to the new regulations introduced in the Swiss Civil Code in 2009 where required for the matter in question, as well as compared with the provisions regulating the responsibility of the property owner according to the Turkish Civil Code.
      PubDate: Thu, 10 May 2018 00:00:00 +030
  • Some Issues On Dividend Right In Public Joint Stock Companies

    • Authors: Halil Çonkar
      Abstract: Shareholders’ dividend rights in public joint stock companies are regulated differently in new Capital Market Act compared to former Capital Market Act and Turkish Commercial Code. In addition, aforementioned difference is deepened by secondary regulations. The differences bring about new questions and problems. Such a problem worth considering is whether shareholder of a joint stock company have a legally guaranteed right to take dividend payment. While answering this question one will also come up againist “dividend payout policy” which was introduced to Turkish law by new Capital Market Act. Legal nature of “dividend payout policy” and its relation with articles of association –which might also contain provisions on dividend rights- is uncertain. On the other hand, one must also decide on the fate of a general assembly resolution which is against the provisions in “dividend payout policy”. 
      PubDate: Thu, 10 May 2018 00:00:00 +030
  • The Statutory Presumption Regarding Joint And Several Liability Regulated
           In The Turkish Commercial Code And Its Effects On The Formal Requirements
           Of Solidary Suretyship

    • Authors: Nuri Aziz Midyat
      Abstract: The formal requirements for suretyship were aggravated in the Code of Obligations Act No. 6098 and the validity of a solidary suretyship was tied to the condition of being drawn up in handwriting by the guarantor (Code of Obligations Art. 583). However, Commercial Code Act No. 6102 enacted at the same time as the Act of Obligations, has maintained the statutory presumption on joint and several liability as regulated in its previous version and assumes that in cases of suretyships for business transactions the suretyship has the quality of a joint guarantee (Commercial Code Art. 7). These contradictory regulations of the two acts has led to controversy between doctrine and practice on which of the provision should prevail. In this study it is conclude that, considering the Commercial Code having the quality of a special law compared to the Act of Obligations, its provisions have to prevail. However, despite this conclusion reached in terms of the current law, de lege ferenda as in German Law, the application of the provision only for merchants would be a more appropriate solution. In this regard, we deem it necessary to amend the law in this sense. 
      PubDate: Thu, 10 May 2018 00:00:00 +030
  • Consent to Adoption

    • Authors: Didem Özcan
      Abstract: According to Turkish Civil Code, apart from the other conditions, the consent of the related parties is required for adoption in accordance with the characteristics of each concrete case. If the adopted person is a minor the consent of the child’s mother and father is required. It has been discussed whether this consent of the parents is a matter of parental rights or of personal rights. The Code describes under what conditions the consent of a parent shall not be required. Other than that, if the child is placed in foster care with a view of subsequent adoption and the consent of one parent is not forthcoming, the court may decide to dispense with the consent of a parent. If the child to be adopted has capacity of discernment, its consent is required. The existence of the capacity of discernment is to be decided by the court in accordance with the concrete case. The consent of the guardianship supervisory is required in case the child has a legal guardian. The legal guardian is obliged to apply to the guardianship supervisory for such consent. If the person to be adopted is an adult his/her own, if married his/her spouse’s, and if existing the adoptive parents’ issues’ consents are required. Where for consent has not been obtained based on a just cause or a defect in consent is occurred, an action to challenge the adoption may be brought within the terms of Article 317 of Turkish Civil Code. 
      PubDate: Thu, 10 May 2018 00:00:00 +030
  • Can The Shareholder Who Used Appraisal Right On The Basis Of Art. 24 Of
           The Cml, Also File A Suit In Terms Of Art. 202/2 Of The Tcl'

    • Authors: Gökçen Turan
      Abstract: An important interception point between the provisions of Turkish Commercial Law (TCL), Number 6102, and the other special regulations regarding joint stock companies occurs at the field of group of companies. Indeed, considering that publicly held companies mostly become organized through their affiliated companies in their areas of activity, it ensues as a natural consequence that both the provisions of the Capital Market Law (CML), Number 6362, and the TCL provisions related to group of companies become applicable. In case that the affiliated company is also publicly held, an overlap takes places between the CML provisions laid down to protect shareholers of public companies and the provision laid down in Article 202 of the TCL to compensate losses of affiliated company or it’s shareholders. Article 24 of the CML and Article 202/2 of the TCL, both granting exit right to minority shareholders, is a case in point. Though there generally is a contest of rights with regard to which protecting regulation in the both Laws the shareholder would benefit, it seems to be an interesting legal problem that the shareholder requests to make use of the regulations both. In this study, it will be examined whether a shareholder used appraisal right, can also request additional damage in terms of the article 202/2 of the TCL. 
      PubDate: Thu, 10 May 2018 00:00:00 +030
  • The New Act to Promote Transparency of Pay Structures In Germany

    • Authors: İrem Yayvak Namlı
      Abstract: In Germany, “Act to Promote Transparency of Pay Structures (Entgelttransparenzgesetz)” entered into force on 06.07.2017. The purpose of this Act is an achievement of the pay equity between men and women, who perform the same work or work of equal value. According to this new Act individual employees are able to claim for information about pay structures and the remuneration of other employees within one comparison group, if the company regularly employs more than 200 employees. Companies with more than 500 employees is obligated to generate regular reports on their efforts to promote equality between men and women. On the other hand, works council (Betriebsrat) are obliged to take the necessary measures to protect workers from discrimination of pay on grounds of sex. But it is uncertain whether the Act will improve gender equality between men and women. Despite all the negative discourses, it is also stated that the Act may contribute to reaching the goal of ensuring equality between men and women after a while. In this study aimed to be examined of the scope of the Act, individual information right on the criteria and procedures for the remuneration of the employees, obligations and rights of the employers and works council. For this purpose, assessments and suggestions in the German doctrine were examined. 
      PubDate: Thu, 10 May 2018 00:00:00 +030
  • Competent Court For Disputes Arising From Non-Compete Agreement, Parties
           Of Which Are Travelling Salesman And/Or Employee- Evaluation From The
           (New) Law On Labour Courts No. 7036 Perspective

    • Authors: İbrahim Çağrı Zengin
      Abstract: While the Law on Labour Courts No. 5521 was in force, the competent court for disputes arising from non-compete agreements was acknowledged, de lege lata, as commercial court as per Article 4/1-c of the new Turkish Commercial Code No. 6102. This approach was also in line with judicial decisions. However, it was also argued that the competent court should be, de lege feranda, labour courts. With the inclusion of Article 5 titled “Competency” into the new Law on Labour Courts dated 25.10.2017 and No. 7036, the issue of whether disputes arising from non-compete agreements regulated under Article 444 et seq. of Turkish Law of Obligations numbered 6098, fall within the jurisdiction of labour courts needs to be addressed. In this study, the main focus will be whether disputes arising from non-compete agreements fall within the competence of labour courts, in accordance with wording of Article 5 of Law on Labour Courts which is as follows: “the agreements due to the employment relationship”. While focusing on the main problem by interpreting the will of the lawmaker, applicable provision for the disputes arising from the non-compete agreements are going to be elaborated, in light of the (i) wording of the both provisions, (ii) lex specialis-lex genaralis relationship between both provisions, (iii) purpose of the provisions, (iv) ratio legis, (v) scope of applicability of both provisions, (vi) opinions put forward in the literature and (vii) judicial decisions. 
      PubDate: Thu, 10 May 2018 00:00:00 +030
  • Unnecessarily Abusive Comparative Advertising According To Turkish
           Commercial Code Numbered 6102

    • Authors: Asuman Yılmaz
      Abstract: Comparative advertising is regulated under Article 55/1, b. (a)-5 of Turkish Commercial Code (“TCC”). In principal, comparative advertising is not illegal and does not constitute an unfair competition. However, the cases where the comparison is untrue, misleading, unnecessarily abusive against competitors or comparison is made to benefit from the prestige of the competitor, constitute unfair competition as per Article 55/1, b. (a)-5 of TCC. In this study, the unnecessarily abusive comparative advertising will be evaluated. 
      PubDate: Thu, 10 May 2018 00:00:00 +030
  • The Freedom of Worship In Constitutional Jurisdiction

    • Authors: Davut Dursun
      Abstract: Saadet YÜKSEL’in Anayasa Yargısında İbadet Özgürlüğü (İstanbul, ALFA Yayınları, 2015. 374 sayfa, zengin kaynakça listesi) adlı kitabı karşılaştırmalı olarak incelediği ibadet özgürlüğü alanında nadir çalışmalardan biri olarak temel hak ve özgürlüklerle ilgilenen herkesin dikkatini çekmiş eserlerden biridir. Temel hak ve özgürlüklerden biri olan din ve vicdan özgürlüğü anayasalarda güvenceye alınmış temel haklardan biri olmakla birlikte vatandaşların bu konudaki talepleri karşısında farklı değerlendirmeler yapılmaktadır. Din özgürlüğünün inanç boyutu içsel ve mutlak olmakla birlikte inancın dışavurumu şeklindeki ibadet özgürlüğü ise çeşitli sınırlandırmalara konu olmaktadır. 
      PubDate: Thu, 10 May 2018 00:00:00 +030
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Heriot-Watt University
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