Business Law

Yanıt Açıklaması: Provided that the parties are treated fairly, an arbitral proceeding may be tailored to meet the specific requirements of the dispute, rather than conducted in accordance with fixed national procedural law rules usually unfamiliar to one or both of the parties. Therefore, the correct option is B.

Yanıt Açıklaması: In an international commercial relationship, usually the parties are from different countries and different legal cultures, speaking different native languages. Contracting parties from one country are generally unwilling to submit to the national courts of the other party. There is often a distrust of foreign courts, and moreover a hesitation for their suitability for certain types of international contractual relationships. Therefore, arbitration, as an alternative dispute resolution method, flourished and bloomed for the resolution of international commercial disputes. Arbitration is a specially established mechanism for the final and binding determination of disputes, concerning a contractual or other relationship, by independent arbitrators, in accordance with rules chosen by the parties . Therefore, the correct option is D.

Yanıt Açıklaması: The Council of Judges and Public Prosecutors is the competent body to take decisions on civil, criminal and administrative judiciary.The council’s main power is to make decisions and carry out the operations on acceptance into profession, appointments, promotions and disciplinary procedures with regard to judges and public prosecutors. The council also has the power to elect all members of the Court of Cassation and ¾ of the members of the Council of State. Therefore, the correct option is C.

Yanıt Açıklaması: It is not possible for the parties to refer to mediation for all kinds of disputes. According to Article 1/2 of the Mediation Law, only private law disputes arising out of matters that the parties may freely dispose of, including those that carry a foreign element, can be subject to mediation. Therefore, the disputes arising out of subject matters related with public policy can not be referred to mediation. For example, spouses may not refer to mediation for divorce; or disputes concerning affiliation of a child to one of his/her parents may not be subject to mediation . Therefore, the correct option is C.

Yanıt Açıklaması: The most essential statute is the Act No. 5510 on Social Insurance and Universal Health Insurance.

Yanıt Açıklaması: Public expenditure can be defined as the spending made by the government of a country on collective needs and wants.

Yanıt Açıklaması: According to Article 20 of the Mediation Law, only Turkish citizens , who are graduates of law faculties, and who possess at least five year experience in his/her profession, may be a mediator. The mediator shall also have full capacity, not be condemned due to an intentional crime, and finish the mediation training and pass the written exam to be conducted by the Ministry of Justice. In order to be a mediator, one has to be registered as a mediator in the relevant central registry. Therefore, the correct option is A.

Yanıt Açıklaması: If the settlement agreement is signed only by the parties, that agreement needs an approval from the court in order to be enforced as a court judgment. A settlement agreement bearing t he signatures of the parties, their lawyers and the mediator, may be enforced as a court judgment without any approval from a court. Therefore, the correct option is D.

Yanıt Açıklaması: To function as the last instance court for reviewing decisions and judgments given by lower civil and criminal courts is the main duty of the Court of Cassation.

Yanıt Açıklaması: As compulsory, unrequited payments to government taxes are the enforced proportional contributions from persons and property levied by the law-making body of the State by virtue of its sovereignty for the support of the government and all public needs. In modern economies taxes are the most important source of governmental revenue. Taxes differ from other sources of revenue in that they are compulsory levies and are unrequited i.e., they are generally not paid in exchange for some specific things, such as a particular public service, the sale of public property, or the issuance of public debt. While taxes are presumably collected for the welfare of taxpayers as a whole, the individual taxpayer’s liability is independent of any specific benefit received.

Yanıt Açıklaması: If the mediation is terminated because one of the parties did not attend the first meeting, the non-attending party will be responsible of whole of the court costs even though he/she is found fully right at the end of the court proceedings; and he will not be entitled to the reimbursement of the fees he/she paid to the attorneys.

Yanıt Açıklaması: In the Turkish Taxation System, stamp tax is a duty imposed on the expenditures relatied to legal transactions.

Yanıt Açıklaması: A judge is a public officer appointed to decide cases in a law court. Judges are the public officials who preside over civil, criminal and administrative trials in relevant courts. Turkish Constitution has adopted the principle of professional judge.

Yanıt Açıklaması: Real estate tax is a special tax on property collected by the municipalities.

Yanıt Açıklaması: The parties are free to determine the number of arbitrators. However, the number shall be odd. If the number of arbitrators is not determined by the parties, three arbitrators shall be appointed.

Yanıt Açıklaması: The official sources consist of the Constitution, statues, by-laws and other legislative instruments of minor significance in the field of labour law such as regulations.

Yanıt Açıklaması: An establishment practice is a general, repetitious and de facto provision of an interest to the employees unilaterally by the employer creating an objective expectation on the part of the employees to repeat.

Yanıt Açıklaması: Article 8 of the Turkish Labour Act No. 4857 defines employment contract as “a contract where one party (the employee) undertakes to subordinately perform work and the other to pay remuneration.”

Yanıt Açıklaması: As well as the judges at benches, the persons in the following positions are considered as “judge”: - All of the public prosecutors, - Almost all of the middle level and senior bureaucrats assigned in the central organization of the Ministry of Justice, the CoJP and justice inspectors, - President and members of supreme courts and the public prosecutors assigned in these courts, - Most of the judges assigned as rapporteurs in the supreme courts.

Yanıt Açıklaması: Courts of first instance handle the cases at the first step. With a very few exceptions, the majority of the cases are dealt by courts of first instance as trial courts. Each court has jurisdiction over a certain geographic area, and may hear cases only within that jurisdiction. Intermediate appellate courts, which are also called as district courts of appeals, review some cases that have been decided by courts of first instance (if they are not a final decision). They are also trial courts and they hear new evidence. They decide whether the lower court (court of first instance) correctly applied the law in the relevant case.