Yazar "Oumer, Kamil Abdu" seçeneğine göre listele

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    Duty of care and loyalty while running joint stock companies under the Turkish commercial code
    (2018) Oumer, Kamil Abdu
    Duty of care and loyalty are among the general principles regulatedunder the provisions of the Turkish Commercial Code in relation to jointstock companies. But, who owes these duties and for whom they are owed isargumentative. The standard of care prescribed in the Turkish CommercialCode is also open for arguments. In addition, their application in the case ofcontrolled and controlling companies which is taken as an exception to thegeneral rule is exposed to divergent views. In this article, the author arguesthat members of the board of director, managers and any person who has orexercises managerial power owe duty of care and loyalty for the company,shareholders and third party creditors. The standard of care prescribed in theCode is also a slightly different version of the American Business JudgmentRule. And finally, there is a room for the application of the principles in thecontext of a fully controlled company. To reach these conclusions, the authoranalyzed Turkish laws and different secondary sources.
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    FRAMEWORK AGREEMENTS UNDER TURKISH LAW
    (2017) Uyumaz, Alper; Oumer, Kamil Abdu
    Classical contract law prioritizescertainty over flexibility. In commercialtransactions, however, flexibility is asimportant as certainty. Contractualtransactions are also usually expensivein terms of the time, effort and moneythey require to negotiate, draft andfollow up the enforcement of theagreement. To increase flexibility andmitigate the aforementioned problems,non-binding framework agreementsthat eases the formation of many futurebinding contracts are becoming moreattractive in certain areas of contractualtransactions. This article examinesthe concept of framework agreementunder the Turkish law. It focuses onlegislations and case laws related withframework agreements in the TurkishLaw of Obligation, the Turkish PublicProcurement law and Turkish Labourlaw.