Business Law

Yanıt Açıklaması: The “district courts of appeals” are the regional courts established to evaluate the appeal applications against the decisions of the ordinary judiciary first instance courts. The legal framework for district courts of justice is the Law No. 5235 relating to the Establishment, Functions, and Competencies of First Instance and Regional Courts of Justice which enabled the establishment of district courts of appeals which began operating in 2016 according to the decision of the Ministry of Justice. These courts have the authority to examine files coming from the First Instance Courts in terms of form and substance. District Courts of Appeal may either uphold or quash the decision of the First Instance Courts. In the latter situation, it may either send the case file to the relevant Court of First Instance or retry the case itself.

Yanıt Açıklaması: The basic concepts regarding judiciary can be stated as the judge, the court, the trial and the legal -action.

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 (Article 7A). The parties are also free to determine how the arbitrators will be appointed . Article 7B will be applicable if the parties did not make any agreement on the method of appointment of the arbitrators. Accordingly, in an arbitration with a sole arbitrator, if the parties are unable to agree on the arbitrator, he shall be appointed, upon request of a party, by the civil court of first instance. In an arbitration with three arbitrators, each party shall appoint one arbitrator and the two arbitrators thus appointed shall appoint the third arbitrator. If a party fails to appoint the arbitrator within thirty days of receipt of a request to do so from the other party, or if the two arbitrators fail to agree on the third arbitrator within thirty days of their appointment, the appointment shall be made, upon request of a party, by the civil court of first instance. The third arbitrator appointed shall be the chairman of the arbitral tribunal. In an arbitration with more than three arbitrators, the arbitrators who will appoint the last arbitrator shall be appointed by the parties in equal numbers in accordance with the procedure set forth above.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: The recruitment, trainings, personal rights and other issues for judges and prosecutors are arranged completely in parallel with each other. The transition between two professions is possible.Prosecutors have powers and competences in civil, criminal and administrative jurisdictions. Only those working in civil and criminal jurisdictions are named as “public prosecutors”. Throughout the investigation, the judicial police are under the command of public prosecutors. If the public prosecutors believe that there is sufficient suspicion of a crime, they are obliged by law to file indictments.

Yanıt Açıklaması: The given sentence explains mediation in Turkish law and is regulated in Article 2/1/b of the Mediation Law.

Yanıt Açıklaması: The Regulation on the Law on Mediation of Civil Law Disputes was published in the Official Gazette dated January 26, 2013 and entered into force on June 22, 2013.

Yanıt Açıklaması: If no application for setting aside of an arbitral award is made within the relevant time limit of 30 days, or denial of an application for setting aside becomes final and binding, the party who wants the enforcement of the award may apply to the court of first instance to obtain a certificate for the enforceability of the award. This is called an exequator. No court charges are applicable to the issuance of an exequator. In granting an exequator, the court of first instance shall, on its own motion, review whether the subject matter of the dispute is capable of settlement by arbitration under Turkish law, or the award is in conflict with the public policy.

Yanıt Açıklaması: Although it is not essential for the validity of an arbitration agreement, it is advisable to the parties drafting an arbitration agreement to determine the place of arbitration as well. The choice of the place of arbitration has significant legal consequences. - It influences which law governs the arbitration procedure. Unless otherwise agreed upon by the parties, the legal provisions on arbitration of the place of arbitration are applied. - It determines which courts can exercise supervisory and supportive powers in relation to the arbitration. - It determines the competence and the procedure before the national courts to rule upon applications to set aside any arbitral award.

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 B.

Yanıt Açıklaması: In many jurisdictions, mediation is a voluntary process. This is in line with the principle of freedom of will which is a fundamental principle in civil and commercial law. According to Article 3/1 of the Mediation Law, the parties are free to refer to, continue, terminate or withdraw from mediation proceedings . Therefore, the parties may not refer to or be forced to refer to mediation unless both of the parties wish so. The parties may mutually decide upon referring to mediation after a dispute has arisen between them, even while the court proceedings are pending; or they may enact a mediation agreement for a potential dispute that might arise, in the future, in connection with an existing legal relation between them. In practice, usually a prior mediation agreement exists as a part of a main contract between the parties, in order to enable those parties to resort to mediation in case of a dispute that might arise out of that contract. However, despite a prior written mediation agreement, the parties may always refer to courts. Therefore, the correct option is B.

Yanıt Açıklaması: Labour law deals with the legal relationship between employees and employers.

Yanıt Açıklaması: Independent workers or public servants who are under the age of 18 is regulated as non-insured persons  in article 6 of the Act No. 5510.

Yanıt Açıklaması: The arbitral tribunal shall state the costs of arbitration in its arbitral award. The costs comprise of: 1. the fees of the arbitrators; 2. the arbitrators’ travel and other expenses; 3. the fees paid to the experts, and to the other persons whose assistance is sought who are, collectively, appointed by the arbitral tribunal, and the costs for the site inspection; 4. the witnesses’ travel and other expenses to the extent approved by the arbitral tribunal; 5. if he/she is represented by a lawyer, the successful party’s attorney fees; 6. the charges to be made for the applications, when necessary, to the courts; 7. the notification expenses with respect to the arbitral proceedings (Article 16B).

Yanıt Açıklaması: In a criminal trial, the plaintiff is the government, and the defendant is an individual accused of a crime. A party in a civil trial may be presented by counsel or may represent himself. In a criminal trial, the government is represented by the prosecutor who seeks to prove the guilt of the criminal defendant.

Yanıt Açıklaması: As it is stated in the Article 2 of Turkish Constitution with the title “Characteristics of the Republic”, e Republic of Turkey is a state governed by the rule of law. According to this provision, not only the citizens but also the governing bodies are bound by the authority of law, the powers of the government are duely limited and the government with its all o icials and agents as a whole is held accountable under the law while all the governmental activities should be lawfully operated.

Yanıt Açıklaması: In line with the rule of taxing annual income as an aggregate, the Personal Income Tax Law adheres to progressive taxation. Today the progressive tax is set as 15% for the first bracket and %35 for the top bracket.

Yanıt Açıklaması: Value Added Tax Value added tax is one of the most important taxes in the Turkish Taxation System. VAT can be considered as an indirect tax levied on consumption spending on goods and services.

Yanıt Açıklaması: Employee: Article 2/I defines an employee as a real person who works under an employment contract.

Yanıt Açıklaması: The arbitration agreement has three effects: First, the arbitration agreement establishes an obligation to arbitrate between the parties. Second, an arbitration agreement vests the arbitrators with the necessary power to resolve those disputes that the parties agreed to entrust to the arbitral tribunal. Third, a valid arbitration agreement excludes the jurisdiction of national courts.