Legal Hukuk Dergisi, Year 2022 Issue 236

Evaluation of ISPS Code Service Tariff Implementation By Port Operators in Türkiye Within Scope of The Communique Regarding Services Provided to Ships On Shore Facilities

Kazım Yeni Barış Kuleyin ,Nil Kula — 2024-08-29

“The Communiqué on Services Provided to Ships at Coastal Facilities” entered into force by the Republic of Türkiye, Ministry of Transport and Infrastructure on11th of December, 2020 in the Offical Gazette numbered 31331. Within scope of this commnique, it has been determined that different applications are put forward within the the framework of ISPS Code ( International Ship and Port Facility Security Code) by port operators in Türkiye; some of the port operators have launched port service charges, based on different calculation methods, under the name of “ISPS Code Security Fee / Service” for ships while most of port operators have no such service charge items in their tariffs. It is anticipated that the differences in implementation may cause dispute between ship relevants and port operators. From this point of view, the aim of this study is; comparative presentation of ISPS Code service tariff implementations for ships by port operators in Türkiye and evaluation of the applicability of a service tariff under the ISPS Code by port operators according to aforementioned comminique. In this context, within the framework of the comminique the corporate websites of port operators (n=72), which are subject to ISPS Code and handle dry bulk, general cargo and containes, were analyzed by content analysis method. The answers were sought to the questions of whether there are services tariffs published within the scope of the communique, whether there is a service tariff called “ISPS Code Security Fee / Service” in the content of the published tariffs, and on what basis the pricing is formaluated, if any. The findings of the study; the most port operators have not yet published a tariff within scope of the communique, and in the published tariffs the most of the port operators have not created a tariff under the name of “ISPS Code Security Fee/Service” in the service items for ships while some port operators have not included the “ISPS Code Security Fee/Service” in the service items for ships and related to this there are differences in the tariffs as calculation based on per ship or per GRT. With the provisions of the communique, constitutes the subject of this study, and the written instructions of the Republic of Türkiye, Ministry of Transport and Infrastructure, General Directorate of Maritime, it has been concluded that the port operators, subject to ISPS Code, can not collect a fee under the name of “ISPS Code Security Fee/Service” for ships subject to ISPS Code that call their facilities.

İLİŞKİSİ THE RELATIONSHIP OF EFFECT PRINCIPLE WITH MERGERS AND ACQUISITIONS IN COMPETITION LAW

RAĞBE YANKIN — 2024-08-29

Today, it is possible to apply competition law rules to competition violations that take place outside the borders of the country. With the globalization of trade, the increase of multinational companies and the effect of commercial relations, the commercial effects of activities and actions done outside the country are also seen within the borders of the country. In this context, multinational companies are also merging and acquiring national companies. Mergers and acquisitions transactions are the transactions that result in a significant reduction in effective competition in Turkey and are most suitable to have a restrictive effect on the market, and in this context, they are among the transactions that fall within the scope of the effect principle. In this regard, Competition Act No. 4054 prohibits mergers or acquisitions of entities intended for creating or strengthening their dominant positions which causes significant decline in competition.

Digital Banking and Its Reflections on Law in The Wold and Our Country

Ahmet TOKOsman Bahadır SİNAN — 2024-08-29

The "Regulation on the Operating Principles of Digital Banks and Service Model Banking" prepared by the Banking Regulation and Supervision Agency, which is the regulatory and supervisory authority of the banking system in our country, entered into force by being published in the Official Gazette on 29.12.2021. In that regulation, it is aimed to determine the basic principles for the execution of banking activities that provide services via digital channels and do not have branches and to regulate the definition and conditions of service model banking. Within the framework of developments in the world, it is observed that regulations regarding digital banking activities have been made in many different countries, the number of digital banks operating in this context has increased rapidly and the scope of customers has expanded in parallel. In this study, we will try to analyze the development of digital banking within the framework of the regulation provisions in our country and the regulations in different countries.

PROMISE OF AWARDS BY WAY OF ADVERSTISMENT WITHIN THE CONTEXT OF TURKISH AND ENGLISH LAW

AYTEN ORDU — 2024-08-29

The aim of this article is to examine the situation of promising an award by advertisement within the context of Turkish and English Law. Firstly; the legal nature of promising an award by advertisement and the views discussed in the doctrine will be analysed. As we will see in our study; there are major differences between Turkish and English Law regarding the legal nature of promising an award by advertisement. However, despite these differences; as for the elements of promising an award by advertisement, it is arguable that they are the same in terms of both legal systems. The elements of promising an award by advertisement within the context of Turkish and English Law are as follows: the promise of an award in exchange for the realization of a desired result or the fulfilment of the specified act; the promise of an award must be made to persons who have not been personally identified, in other words, it must be a unilateral promise made to the public and the promise must be made by an advertisement. In the last part of our study, the provisions and consequences of promising an award by advertisement and the status of the person deciding to withdraw from the promise will be evaluated. As it will be examined in the last part, there are similar regulations relating to this between Turkish and English Law. The aim of our study will be to evaluate the main differences and similarities between both legal systems.

The Process of Issuing Debt Instruments of Joint Stock Companies

Nihan DEĞİRMENCİOĞLU AYDIN — 2024-08-29

Debt instruments, which are one of the important financing instruments in the capital markets, are securities issued by the issuers with or without public offering for borrowing from the capital market, the nominal value of which is paid back in installments on or until the maturity date, or in another way depending on the type of debt instrument. Debt instruments such as bonds, convertible bonds, financing bills, and precious metal bills are regulated in the TCC, CML and secondary legislation. When these regulations are examined, it is seen that different provisions are regulated on some issues. Different provisions in the legal legislation bring to mind the question of which provisions will be applied to publicly held corporations and non-publicly held corporations. In this context, the study aims to explain the debt instruments issuance process by determining the provisions to be applied to publicly held corporations and non-publicly held corporations. For this purpose, firstly, the debt instrument will be mentioned in general, and then the issue process of debt instruments will be examined.

RESPONSIBILITY OF THE CONTRACTOR ARISING FROM DEFECT IN THE CONSTRUCTION AGREEMENT FOR LAND SHARE AND THE RIGHTS OF THE LAND OWNER

HÜSEYİN TANGÜNER — 2024-08-29

Here is no would-be regulation regarding the construction contract in return for land share in our law. Construction contract in return for land share is a type of contract of work. The provisions of TCO 474-478, which is the special regulation for the contract of work regarding the defect, shall be applied to the disputes arising from the defect arising from the signed contract. In this context, the land owner has the right to withdraw from the contract, request a reduction in the price and the right for repair in accordance with the provision of TCO 475/1, and the right to claim compensation in accordance with the general provisions in accordance with the provision of TCO 475/2. In addition, the provision of TCO 473/2, which is about whether the right to demand compensation is a right that can be used alone and whether the construction will be defective before the construction is completed, have also been examined in our study.