Abstract

The relationship between Turkey and the European Union began in 1959 with Turkey's application for membership. This relationship has survived to this day and in this process negotiations for membership have been frozen. This process contributed directly to Turkish law. This contribution has become more significant, especially since 1999. Turkish Code of Commerce entered into force in 2012, is recognized as a result of Turkey's EU process. By this Code, it is aimed to ensure harmonization between Turkish Commercial Law and EU legislation. For this reason, regulations in the sense of reform were included in TCC. However, the Code has been amended for a total of eighteen times. Sixteen times after the coming into force, two times even before coming into force. More than three hundred articles have been directly affected by these changes. The principles foreseen in the Code have been abandoned because of adopting a populist approach. This situation is accepted as a failure and disappointment for the TCC codification experience.

Highlights

  • The dream of Turkey’s membership of the European Union dates back to the 1950s

  • 24 Yanlı, V., Ticaret Sicili, Yeni Türk Ticaret Kanunu’nun Ticari İşletme Hukuku Alanında Getirdiği Yenilikler Sempozyumu, Kadir Has Üniversitesi Hukuk Fakültesi, 25, try have been accepted as jointly and severally liable for damages arising from the maintenance of the commercial registry

  • Turkish Commercial Law is bound to the continental European legal system both before and after the Republic of Turkey was founded

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Summary

INTRODUCTION

The dream of Turkey’s membership of the European Union dates back to the 1950s. This dream causes a melancholic one-sided love story between Turkey and EU. The political will saw this as an opportunity, started the codification efforts for renewal in all major codifications in private and public law. In this period, the TCC numbered 61021 has an important place. Due to the populist approach of political will, it has changed eighteen times in seven years For this reason, the final version of the Code is far from the philosophy that inspired the codification efforts at the beginning. The final version of the Code is far from the philosophy that inspired the codification efforts at the beginning This codification experience is considered as a failure and a huge disappointment despite all good faith efforts

A BRIEF HISTORY OF TURKEY AND EUROPEAN UNION RELATIONS
TURKEY’S EU CANDIDACY AND ITS EFFECTS ON TURKISH LAW SYSTEM IN GENERAL
Codification Efforts in Turkish Commercial Law
The Analysis of the Turkish Code of Commerce’s Systematic
The Regulations as Reform in Commercial Enterprise Law
The Regulations as Reform in Company Law
The Regulations as Reform in Negotiable Instruments Law
THE EVALUATION OF TCC’S EFFECTS ON THE TURKISH COMMERCIAL LAW SYSTEM
CONCLUSION

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