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    <title>Legal Hukuk Dergisi, Year 2022 Issue 233</title>
    <link>https://basvuru.legaldergi.com.tr/?mod=sayi_detay&amp;sayi_id=1911</link>
    <description>Legal Hukuk Dergisi</description>
    <language>en</language>
    <pubDate>2024-08-29</pubDate>
    <generator/>
    <item>
      <title>Thoughts on the Grounds of an Award in the Arbitration within the Scope of the Code of Civil Procedure</title>
      <link>https://basvuru.legaldergi.com.tr/?mod=makale_tr_ozet&amp;makale_id=62112</link>
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      <author>Efe DIRENİSA </author>
      <description>There are different views in the doctrine regarding the subject of whether the arbitral awards given at the end of the national (internal) arbitration proceedings, conducted in accordance with the Code of Civil Procedure, are grounded or not. In this study, the focus will be on whether the arbitral awards given in the arbitration proceedings are reasoned or not. Firstly, the right to a grounded decision will be evaluated in terms of arbitration proceedings within the scope of both the Code of Civil Procedure and, as the occasion arises, the International Arbitration Law; Thereafter, the regulations in different legal systems, especially German law, will be examined and discussed in terms of our law. Afterwards, the question of whether the arbitral awards are grounded or not will be examined in terms of the enforcement of the arbitral awards.</description>
      <pubDate>2024-08-29</pubDate>
    </item>
    <item>
      <title>ELECTRONIC DOCUMENT PRESENTATION AND E-UCP RULES IN RELATION TO LETTERS OF CREDIT</title>
      <link>https://basvuru.legaldergi.com.tr/?mod=makale_tr_ozet&amp;makale_id=55729</link>
      <guid isPermaLink="true">https://basvuru.legaldergi.com.tr/?mod=makale_tr_ozet&amp;makale_id=55729</guid>
      <author>Nihat Şenol UZUN</author>
      <description>In this paper, the new electronic development zone of letters of credit which is one of the most important billions of dollars’ cash flow instrument annually in financing international trade and which is in a new development process supported by technology will be emphasised. On one hand while the importer is ready to pay for the purchase but is in nervous wait for the goods; on the other hand the exporter is in nervous wait for the export payment in exchange for the shipped goods. At this point, the issuing banks ease these worries of both sides with the letters of credit payment method by playing the role of intermediary and trust institution. The most important function of issuing bank in this process is inspection of the letters of credit documents. However, while letters of credit is life blood of international trade, fraudulent letters of credit document presentation is also cancer cell of international trade. Within that period E-UCP Rules have been created due to technology for better process of UCP 600 (=Uniform Customs and Practice for Documentary Credits) Rules. In this paper, prevention of fraudulent letters of credit document presentation by electronic presentation and its contribution to better process of UCP 600 Rules will be evaluated along with various legal suggestions and complaints.</description>
      <pubDate>2024-08-29</pubDate>
    </item>
    <item>
      <title>The Condition of Coastal Waters in Terms of limitation of Sea Jurisdiction Areas</title>
      <link>https://basvuru.legaldergi.com.tr/?mod=makale_tr_ozet&amp;makale_id=57549</link>
      <guid isPermaLink="true">https://basvuru.legaldergi.com.tr/?mod=makale_tr_ozet&amp;makale_id=57549</guid>
      <author>Yunus Emre Bağlar</author>
      <description>States use their domination authorization not just on the territorial borders but also on; airspaces and marine spaces. Discovering valuable metals, common use of seaways on transportation and trade increases the importance of their areas of jurisdiction on seas. Because of this, the efforts of the states on extending their area of jurisdiction caused developing the law of limitation of jurisdiction areas on seas in the international areas. In this study, the condition of coastal waters has been examined in terms of limitation of jurisdiction areas on seas. In the first chapter of our study, the characteristics of coastal waters has been examined in terms of domination authorization; in the second chapter the legal basis of limitation of sea jurisdiction areas. In the third chapter, the issue of limitation of coastal state’s jurisdiction has been examined in terms of the width of coastal waters, innocent passage and juridical power. In the final chapter, the study has been brought to an end by mentioning the coastal waters regime in Turkish Law.</description>
      <pubDate>2024-08-29</pubDate>
    </item>
    <item>
      <title>LIABILITY OF THE LIABILITY OF THE RELATED COMPANY THROUGHOUT LIFTING THE CORPORATE VEIL IN JUDICIAL DECISIONS</title>
      <link>https://basvuru.legaldergi.com.tr/?mod=makale_tr_ozet&amp;makale_id=56819</link>
      <guid isPermaLink="true">https://basvuru.legaldergi.com.tr/?mod=makale_tr_ozet&amp;makale_id=56819</guid>
      <author>Ayşe ŞAHİN</author>
      <description>It has been observed that the theory of piercing the corporate veil has developed from two different branches in Turkish law, and this different basis has converged and blended in a sense recently. On the one hand, there is a judicial practice of nearly twenty years in which the organic bond criteria weighted as a legal basis for holding liable the related company. On the other hand, it is stated in the doctrine as the substantive law conditions of the theory, that the commingling of assets and affairs, undercapitalization, and foreign management conditions should be present. At this point, within the scope of the study, it has been researched how much the theory's substantive law conditions are met in the judicial decisions where the application of the theory and the liability of the related company/companies are on the agenda. The question whether those conditions find an application area or not and the overlapping and diverging points of the organic tie criteria are being examined. In this context, it has been evaluated whether the aforementioned conditions take place in the precedents as separate conditions from the organic ties, whether they meet on a common denominator, or whether they should exist cumulatively.&#13;
The theory of lifting the veil finds a limited application area, as it constitutes an important exception to the principles of limited liability and the principle that the partners cannot be held liable for the debts of the company, which form the basis of capital companies. Thus, the theory is exceptional and secondary; first of all, the debtor company must be followed. Accordingly, have been examined the application area and appearance of these conditions, which limit the application of the theory, in the decisions regarding the liability of the related company.</description>
      <pubDate>2024-08-29</pubDate>
    </item>
    <item>
      <title>OTONOM GEMILERIN KORSANLIĞIN ÖNLENMESİNE ETKİLERİ</title>
      <link>https://basvuru.legaldergi.com.tr/?mod=makale_tr_ozet&amp;makale_id=57854</link>
      <guid isPermaLink="true">https://basvuru.legaldergi.com.tr/?mod=makale_tr_ozet&amp;makale_id=57854</guid>
      <author>Ayça UÇAR</author>
      <description>The word “piracy” is one of the most debatable and important part of the maritime industry. The theoretical sides of piracy and practical prevention methods have been analysed through the centuries. This indicates that the act of piracy is not as straightforward as it sounds.&#13;
The prevention methods and rising premiums rates are significant issues worthy of academic attention. Another important discussion is whether autonomous vessels will have a significant impact on reducing piracy incidents. Both the maritime and the insurance market will handle more complicated issues once autonomous ships start sailing oceans, and new technology will cause new uncertainties. In particular, there are some concerns about new technology which will create new types of risks such as navigation risks, cyber security treats, safety, and security. Additionally, regulatory frameworks are to be implemented.&#13;
Despite rapid developments in science and technology in the maritime industry, autonomous vessels unquestionably need new international regulations for the vessels to operate safely across the ocean. This paper will mainly tackle the question of whether the new technology will help to decrease pirates’ activities on high seas.  It will also introduce the current prevention methods that address the piracy issue. Lastly, this paper will analyse the rising cost of insurance premiums associated with ransom payment.&#13;
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 </description>
      <pubDate>2024-08-29</pubDate>
    </item>
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