Business Law

Yanıt Açıklaması: Chief and deputy-chief prosecutors of the High Court of Appeals-Court of Cassation are appointed by the President of the Republic. The functions of the Council of Judges and Public Prosecutors are: to appoint members of the Court of Cassation, Council of State and Court of Jurisdictional Disputes, to take final decisions on proposals by the Ministry of Justice concerning the abolition of a court or an office of judge or public prosecutor, admission of judges and public prosecutors into the profession, decisions concerning those whose continuation in the profession is found to be unsuitable.

Yanıt Açıklaması: The Scope of Application of the Maritime Labour Act No. 854: The Maritime Labour Act is applicable to seamen working under an employment contract in ships of a hundred or more gross tons carrying the Turkish flag on seas, lakes and rivers, as well as to their employers. Therefore, the correct option is B.

Yanıt Açıklaması: The CoJP shall be established and shall exercise its functions in accordance with the principles of the independence of the courts and the security of the tenure of judges. It consists of thirteen members and functions as a Plenary Session and two Chambers (as the first and the second chambers of the CoJP). Therefore, the correct option is A.

Yanıt Açıklaması: Employment relationships that are built on distance work are another form of flexible employment. In this type of employment relationship, the employee performs his/her work outside the employer’s establishment but within his/her work organization either from home or via communication technologies. According to article 14/IV of the Labour Act, employment contracts that establish distance work shall be concluded in writing.

Yanıt Açıklaması: Public expenditure can be defined as the spending made by the government of a country on collective needs and wants. All the administrative units must make public expenditures within the budget appropriations allocated to them, in other words, their expenditures should not exceed the amounts released. Also, such expenditure should conform with the provisions of the legislation on public expenditure.

Yanıt Açıklaması: Arbitration is quicker than national courts, especially those with a heavy burden of workload. Therefore loginess cannot be attributed to arbitration and it is not an advantage.

Yanıt Açıklaması: With regards to the procedure, the parties are entitled to agree upon the procedure to be adhered to, provided that such agreement does not contravene the mandatory provisions of law. In the absence of an agreement between the parties, the mediator is to determine the procedure for the mediation having regard to the nature of the dispute, the wishes of the parties and the need for the expedient resolution of the dispute.

Yanıt Açıklaması: In article 141 of the Turkish Constitution, a general principle for the entire judiciary is regulated under the provision “It is the duty of the judiciary to conclude trials as quickly as possible and at minimum cost.”. This principle is called the principle of the procedural economy and it is valid in all the branches of the judiciary.

Yanıt Açıklaması: The parties to a dispute may enter into a separate arbitration agreement for the resolution of that dispute. However, in practice, the arbitration agreement is usually in the form of an arbitration clause as part of a main contract regulating the main legal relationship between the parties. The arbitration clause provides that future disputes that might arise out of or in connection with the main contract shall be resolved through arbitration.

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.

Yanıt Açıklaması: The scope of the Turkish Labour Act is regulated in article 4 in a negative manner, where the article provides the types of work to which the Labour Act is not applicable. In this respect, the Turkish Labour Act is not applicable to the employment relationships concerning the various activities or persons. Subcontractor is not one of them. It is a common practice where an employer (principal employer) delegates certain tasks within an establishment organization to another employer (subcontractor) who puts his/her own employees to work in the establishment of the principal employer under the labor law..

Yanıt Açıklaması: There are 3 main limitations regarding individual employment contracts; age, gender and nationality. According to article 71 of the Turkish Labour Act, children under the age of 15 shall not be put to employment. According to article 72 of the Turkish Labour Act, women shall not be employed in underground and underwater work. Furthermore, employment of women in night shifts is subject to special regulations. Employment of non-nationals in Turkey, as a rule, is subject to an obtainment of work permits, unless otherwise set forth by law. Furthermore, the condition to be a national of Republic of Turkey is laid down for various occupations.

Yanıt Açıklaması: The Plenary of the Constitutional Court; • carries out abstract and concrete review of the constitutionality of norms, • tries, for offences relating to their offices, the President of the Republic, the Speaker of the TGNA, • the deputies of the President of the Republic, the ministers, presidents and members of the High Judicial Organs and the Chief of Staff and the Commanders of Land, Air and Naval Forces, • decides on the cases related to the dissolution of political parties, • carries out the financial audit of political parties, • reviews and decides on the individual applications referred to the Plenary by the Section, • reviews the decisions of the Parliament with regard to the annulment of the parliamentary immunity or disqualification from membership, • elects the President and Vice-President of the Court of Jurisdictional Disputes from among the judges of the Constitutional Court.

Yanıt Açıklaması: As a requirement of the principle of “the legality of taxation”, all the essential elements of a tax such as the taxpayer, taxable event, tax object, tax base, tax rates, and tax exemptions, which are alo called as “the basic concepts of taxation”, must be explicitly included in a tax law.

Yanıt Açıklaması: Governments need to perform different functions in the field of political, social and economic activities to maximise social and economic welfare. In order to perfom such duties and functions, the government requires large amount of resources. These resources are called as the public revenues. Public revenue is defined as the total income of the government and the other public authorities from all sources. It is an important tool of the fiscal policy of the government and is the opposite factor of government spending. Revenues earned by the government are received from various sources. Today public revenue in the modern state can be divided into two major sources: taxes and public borrowing

Yanıt Açıklaması: Tax law is concerned only with legal aspects of taxation, not with the its financial, economic or other aspects.

Yanıt Açıklaması: The mediator may suggest a resolution to the dispute, only if it becomes apparent that the parties will not be able to agree upon a mutual solution. Therefore, the correct option is E.

Yanıt Açıklaması: All matters regulated in the TCC are defined to be commercial business (Art.3 TCC). Pursuant to Article 3, without any exception and regardless of any relevance to a commercial enterprise all matters regulated in the TCC are defined as commercial business.

Yanıt Açıklaması: The institution which is authorized for public borrowing and debt is the Ministry of Treasury and Finance. In article 217 on the duties of the Ministry of Treasury and Finance it is clearly stated that to carry out treasury operations; to find the cash that is required for the expenditures of the State; to carry out the domestic borrowing operations of the State; to issue government bonds, treasury bills and other domestic borrowing instruments; to create a database for Turkey’s foreign debts is the authority and duty of the Ministry of Treasury and Finance. To print and circulate banknotes is the responsibility of the Central Bank.

Yanıt Açıklaması: The Mediation Law is expected to reduce the workload of the judiciary and allow rapid, low-cost and effective resolution of civil law disputes as well as possible contribution to social peace. Therefore, the correct option is B.