The active participation of students in university and faculty administration is a new phenomenon in Turkey. Before the boycotts of June 1968, the idea of student participation in university administration did not exist in Turkish... more
The active participation of students in university and faculty administration is a new phenomenon in Turkey. Before the boycotts of June 1968, the idea of student participation in university administration did not exist in Turkish universities. It made its first appearance at the moment of the June 1968 boycotts. The idea was first advanced by the boycotting students in a clear-cut way in the course of this boycott and occupation, which began on June 12. In a memorandum submitted by the "Council of Boycott Committees of Istanbul University" to the university administration, active participation in administration, through representatives of the student body, was specifically demanded. As soon as the students had made their demand, the research assistants-who in Turkey are regarded as non-members of the faculty-also made a specific demand for increased liberty and for a right of active participation in university and faculty administration.
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Free and informed consent of the patient is the prerequisite of any medical intervention under Turkish law. "Information" comprises the purpose, nature, consequences and risks of intervention. "Intervention" is understood in its widest... more
Free and informed consent of the patient is the prerequisite of any medical intervention under Turkish law. "Information" comprises the purpose, nature, consequences and risks of intervention. "Intervention" is understood in its widest sense. The patient has the right to withdraw his consent freely at any time. For the patients under age (18 years) or incapacitated persons, informed consent is given by the legal representative (parents or guardian). In emergency situations, including abortion and sterilization, the practitioner may intervene for the benefit of the patient without consent. Furthermore, for purposes of treatment of addicts, and in cases of epidemic diseases medical intervention may be carried out without consent for health reasons and public safety. The right to be informed or not about health and intervention is a patient's personal right. These rights are bound strictly to the personal right of the patient. Disregarding these rights can cause legal liability of the physician. The previous wishes of the patient and the right to refuse treatment of the patient must be respected. Legal representatives of minors or incapacitated patients may not refuse treatment on their behalf. Treatment without consent or without informed consent is a "medical malpractice."
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1935 yılında İstanbul’da doğdu. Vefa Lisesini bitirdikten sonra, İstanbul Hukuk Fakültesinde okudu (1953-1957). 1957 yılında Hukuk Fakültesi’nden mezun oldu ve aynı yıl Prof. Dr. Bülent Davran’ın kürsüsüne asistan olarak girdi. İstanbul... more
1935 yılında İstanbul’da doğdu. Vefa Lisesini bitirdikten sonra, İstanbul Hukuk Fakültesinde okudu (1953-1957). 1957 yılında Hukuk Fakültesi’nden mezun oldu ve aynı yıl Prof. Dr. Bülent Davran’ın kürsüsüne asistan olarak girdi. İstanbul Hukuk Fakültesi’nde konuk öğretim üyesi olarak bulunan Profesör Alfred F. Conard’ın (University of Michigan, School of Law, 1957-1958) ve Profesör E. Allan Farnsworth’la (Columbia University School of Law School) çalıştı. Alfred F. Conard’ın “Anglo-Amerikan Hukukuna Giriş”, E. Allan Farnsworth’un “Amerikan Özel Hukukuna Giriş” kitaplarını çevirdi. Master çalışmasını “Harvard Law School”da yaptı (LL.M. 1959/60). Strasbourg’da, “Faculté International pour l’Enseignement de Droit Comparé”den (Uluslararası Mukayeseli Hukuk Eğitimi Fakültesi) “Diplome de Droit Comparé” (1962-63) ve “Diplome d’Etudes Supérieures de Droit Comparé” (Mukayaseli Hukuk ve Mukayeseli Hukuk Yüksek Lisans diplomaları) diplomalarını aldı (1965/66). İstanbul Hukuk Fakültesi’nde dokt...
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Burkhalter, Aarburg Komününde, Brüscholzcla sayfiye evle rinin bulunduğu bir bölgede, genel yola hiç bir sınırı bulunmayan bir taşınmazın malikidir. Burkhalter'e ait parsel yararına, bu par selin batısında bulunan Bohnenblust-Born... more
Burkhalter, Aarburg Komününde, Brüscholzcla sayfiye evle rinin bulunduğu bir bölgede, genel yola hiç bir sınırı bulunmayan bir taşınmazın malikidir. Burkhalter'e ait parsel yararına, bu par selin batısında bulunan Bohnenblust-Born ve Borria ait olan ekili komşu parseller üzerine yüklenmiş, aşağı yukarı 3 m. genişliğinde ve mükellef parsellerin güney sınırı boyunca tahminen 130 m. ola rak devam eden ve BrüschholzstrasseVe açılan bir tarla yolu üze-
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Although intellectual property rights are still not commonly used as security in Turkey, this usage does occur. Turkish law enables and, as of recently, even encourages the use of such rights as security, especially in the field of... more
Although intellectual property rights are still not commonly used as security in Turkey, this usage does occur. Turkish law enables and, as of recently, even encourages the use of such rights as security, especially in the field of commerce. Two relatively new laws—namely, the Law on Industrial Property, No. 6769 of December 22, 2016 (Sinai Mulkiyet Kanunu) and the Law on Movable Pledge in Commercial Transactions, No. 6570 of October 20, 2016—are based, in general, on recent global developments and are in harmony with foreign and international legislation. Law on Movable Pledge in Commercial Transactions, No. 6750 has not introduced the system and solutions of the UNCITRAL Model Law on Secured Transactions. Nevertheless, Law No. 6750 has indeed expanded the possible practical uses of security rights over movables (including, inter alia, IP rights) that were formerly prescribed by the Turkish Civil Code and the relevant legislation. Accordingly, while the functions of the Registry (S...
Despite some difficulties in its application, the New York Convention is still the most successful convention in Turkish arbitration practice. This chapter, while indicating the principal problems and controversies surrounding the... more
Despite some difficulties in its application, the New York Convention is still the most successful convention in Turkish arbitration practice. This chapter, while indicating the principal problems and controversies surrounding the application of the New York Convention in light of judicial precedents, also provides a picture regarding its implementation in Turkey and the ongoing developments on Turkey’s way to becoming an arbitration-friendly country.
The Republic of Turkey has been trying for a long time to cope with preventing the smuggling and illicit traffic of cultural property. On the one hand, it endeavors to struggle against the looting of its archaeological sites; on the other... more
The Republic of Turkey has been trying for a long time to cope with preventing the smuggling and illicit traffic of cultural property. On the one hand, it endeavors to struggle against the looting of its archaeological sites; on the other hand, it tries to prevent theft of Turkish cultural properties by stricter enforcement of existing national laws and increasing sanctions. In spite of all these endeavours, it should be pointed out that Turkey is the largest sole source of antiquities for the American market.
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The Turkish Civil Code and Code of Obligations as well as other private law Codes of 1920s were modeled upon Swiss Codes as the result of a “voluntary global reception of foreign laws” for the purpose of westernization and secularisation.... more
The Turkish Civil Code and Code of Obligations as well as other private law Codes of 1920s were modeled upon Swiss Codes as the result of a “voluntary global reception of foreign laws” for the purpose of westernization and secularisation. These Codes were revised in 2000s in the light of recent developments in several jurisdictions (e.g., Switzerland, Germany, Austria etc.) and international conventions. Recently new laws in Turkey in several fields of private law have been modeled upon EU legislation (regulations and directives) and Continental legal system.
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This article deals with medical liability of doctors and health institutions under Turkish law. Medical liability is based usually on a medical treatment agreement. This agreement is qualified as "mandate" (Auftrag). Under this... more
This article deals with medical liability of doctors and health institutions under Turkish law. Medical liability is based usually on a medical treatment agreement. This agreement is qualified as "mandate" (Auftrag). Under this agreement doctors are obliged to carry out medical intervention and treatment in accordance with professional standards. Informed consent is a prerequisite for all medical interventions. Treatment without patient's informed consent is a ground of liability. As regards treatment in hospitals medical treatment agreement is concluded between patient and hospital management. Doctors and other health care personnel employed by private hospitals are auxiliaries in medical treatment. Liability for treatment in State or municipality hospitals is based on administrative law. In case of malpractice, liability of physicians and health institutions covers all bodily injuries and material damages as well as immaterial damages. A draft law on liability for ma...
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This article deals with medical liability of doctors and health institutions under Turkish law. Medical liability is based usually on a medical treatment agreement. This agreement is qualified as... more
This article deals with medical liability of doctors and health institutions under Turkish law. Medical liability is based usually on a medical treatment agreement. This agreement is qualified as "mandate" (Auftrag). Under this agreement doctors are obliged to carry out medical intervention and treatment in accordance with professional standards. Informed consent is a prerequisite for all medical interventions. Treatment without patient's informed consent is a ground of liability. As regards treatment in hospitals medical treatment agreement is concluded between patient and hospital management. Doctors and other health care personnel employed by private hospitals are auxiliaries in medical treatment. Liability for treatment in State or municipality hospitals is based on administrative law. In case of malpractice, liability of physicians and health institutions covers all bodily injuries and material damages as well as immaterial damages. A draft law on liability for malpractice in medical services is being discussed by relevant circles in Turkey.
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This paper examines the involvement of laypersons in the Turkish adjudication system in the light of U.S. civil procedure and procedural laws of some of the continental jurisdictions. 1. In Turkey only law school graduates my serve as... more
This paper examines the involvement of laypersons in the Turkish adjudication system in the light of U.S. civil procedure and procedural laws of some of the continental jurisdictions. 1. In Turkey only law school graduates my serve as judges and public prosecutors as in many jurisdictions. 2. Laypersons may act as mediator in adjudication in several jurisdictions. The typical example of this trend can be observed in the U.S. mediation system. According to another trend only lawyers graduated from a law school are entitled to serve as mediator. Mediation in Turkey reflects this trend. Only the lawyers having an experience of five years in the legal profession may serve as mediator in civil disputes. 3. In many jurisdictions non-lawyers may serve as arbitrator in domestic and international arbitrations. Under Turkish law, in domestic arbitration if the arbitral tribunal would be composed of three arbitrators, one of the them should be a lawyer having at least experience of five years ...
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Since 1980, the Turkish economy has gradually gained a liberal character through the elimination of government intervention in the economy and the removal of exchange restrictions and customs barriers. These changes in economic policy are... more
Since 1980, the Turkish economy has gradually gained a liberal character through the elimination of government intervention in the economy and the removal of exchange restrictions and customs barriers. These changes in economic policy are related to Turkey’s desire to foster closer economic links with the European Union (“EU” or “Community”). Relations between Turkey and the European Union take place within the framework of an Association Agreement (“Ankara Agreement”). The Ankara Agreement was signed on September 12, 1963, and became effective on January 1, 1973. The Ankara Agreement provides the possibility of Turkey’s eventual membership in the European Union. Undoubtedly, relations with the European Union have had an important impact on recent reforms in the fields of intellectual and industrial property rights in Turkey. Following Turkey’s application for full Community membership, the necessity for reform in the field of trademark law, as in other fields of intellectual and in...