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INTRODUCTION TO BASIC PRINCIPLES AND FUNDAMENTAL CONCEPTS OF LAW

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(1)

INTRODUCTION TO BASIC

PRINCIPLES AND FUNDAMENTAL CONCEPTS OF LAW

BRANCHES OF LAW III

(2)

BRANCHES OF LAW III

• Commercial law is another branch of the private law.

• It is regulated in Turkish Commercial Code numbered 6012.

• It also has some other sub-branches:

• Law of commercial enterprise

• Law of commercial papers

• Company law

• Insurance law

• Maritime commercial law

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BRANCHES OF LAW III

• Law of commercial enterprise is dealing with the notions like comercial enterprise and businessman. Commercial enterprise is the main notion of the Turkish Commercial Code.

• In article 11 of the TCC, it is defined as «Commercial businesses , artisans, which aims to provide income for the operation are in excess of the prescribed limit to the activities

carried out continuously and independent entity,».

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BRANCHES OF LAW III

• Company law is also a branch of the commercial law.

• Because they play a ciritical role in commerce, they are regulated in details in TCC.

• There are many types of companies:

• Ordinary pratnership

• Open company

• Commandite company

• Commandite company divided into shares

• Joint-stock company

• Limited liability company

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BRANCHES OF LAW III

• All companies except ordinary compay has legal personality.

• Joint-stock companies are companies that its capital is divided into shares and that only the company itself is responsible for paying debts, not the shareholders.

• Limited liability companies are the mostly common companies in Turkey. They are not as

strictly formed as joint-stock companies.

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BRANCHES OF LAW III

• Law of commercial papers is another bracnh of commercial law.

• Commercial papers are papers that one cannot seperately cliam the right in it. In other words, the right in it and the paper are combined unseperately.

• Most commonly used papers check and coupons.

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BRANCHES OF LAW III

• Maritime commercial law is dealing with the commerce on seas.

• Insurance law is analysing and solving problems arose from the insurance contracts varying for each type of insurance.

• Another branch of the private law is the international private law.

• It is regulated in Code of International Private Law.

• It deals with legal problems having an element of foreigness.

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