ARTICLES

Legal Basis of Overbooking in Airline Transport

In civil aviation, overbooking, which is applied by companies in order to prevent damage and to ensure flight-based gain, brings many problems together. Although this practice, which cannot go beyond being a commercial practice in both national and international law, is totally illegal in the Court of Cassation's view, it can only be said to be unlawful for the denied boarding part. The obligation to act as a prudent trader, freedom of contract, promissory transactions and breach of contract principles and rules are the legal basis of oversell/overbooking.

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Artificial Intelligence and Law

Human beings have tried to carry forward the technology continuously and perform various missions in the best way. Although many countries have succeeded in establishing the technological infrastructure, what will bring states forward is to reduce manpower by producing artificial intelligence, the golden era of the technological age.

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Mandatory Vaccination and Parent’s Legal Liability in Turkish Law

The government is obliged to take the precautions to protect the health of cizitens both before and after epidemic according to both national and international law.In this context, vaccination is one of the precautions that can be taken at any time. However, Turkish government is only authorized to vaccinate and take it mandatory after an epidemic, not before; that’s why the government has nothing to do to the rejection of vaccination. The legislator should fill this loophole by legal regulation; otherwise, the family who rejects the vaccine will be responsible for material and moral damages and penalties, and the state's liability under the flawless responsibility.

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SEVERANCE PAY FUND

In this study, we will examine the new severance indemnity fund system in which the current severance payment system is intended to be fulfilled.

The severance pay fund has been frequently expressed by the executive body in recent years. However, it could not be put into practice due to the reactions coming from the workers' front. The interest of the sector subject to the Labor Law was gathered at this point when it came to the agenda that there was work to create the severance pay fund.

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DIFFERENCES BETWEEN CONTRACT OF GUARANTY AND CONTRACT OF SURETY

In this study, the differences between the guarantee agreement and the guarantee agreement regulated in Article 581 of the Turkish Code of Obligations will be discussed.

Contract of Surety: Surety is a contract that a third party undertakes to be personally liable to the debtor if the debtor fails to pay the debt. The guarantor is committed against the creditor to repay the debt of a third party (debtor). For this reason, a tripartite relationship emerges in the bail agreement. However, the principal borrower is not a party to the guarantee. As a rule, the guarantor must be a third party other than the creditor or debtor.

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APPLICABLE LAW TO E-COMMERCE BUSINESS MODELS

As a result of the involvement of the Internet in the business world, the classic buyer-seller relations are changing and being carried to the virtual environment. Physically non-side-by-side buyers and sellers meet B2B, B2C, C2C, B2G and G2C business models. Undoubtedly the same provisions of the law will not apply to all these business models due to the differences of actors and their position against each other.

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RELATIONS AND RESPONSIBILITIES BETWEEN MANAGER & CLIENT

Abstract: In this article, how a good manager should be in line with our experience and the legal validity of the irresponsibility clauses in the manager-client contracts were examined.

The French word “Manager” is defined in TDK(Turkish Language Institution) as “The person who regulates and manages the professional work of an athlete or an artist.”

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PSYCHOLOGICAL HARASSMENT IN THE WORKPLACE; MOBBING

1.Description of Mobbing: The aim is to intimidate, passivate, cool off, not to do or to dismiss the work carried out by one or more persons in the workplaces for the other person or persons; harms the personal values, professional status, social relationships or health of the victim or victims; malicious, deliberate, negative attitudes and behaviors. Mobbing, as well as people of the same level and can do against each other, especially; it is very common in hierarchical groups and in workplaces where the strong-weak distinction can be made clearly.

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BLOCKCHAIN LAW

What is Blockchain is a distributed database in which block chain information is recorded in blocks, in combination with encryption algorithms. Blockchain is a technology that can be traced, but not broken, built with a chained model. Blockchain technology, which has entered our lives with bitcoin, enables us to operate without a center. Transactions are provided directly between the buyer and the seller with this technology. In this sense, it would not be wrong to say that Blockchain ensures that transactions are done in privacy and security.

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DIGITAL ASSET AND DIGITAL HERIGATE

Rapidly developing technology brings benefits to our lives and brings along many legal problems. One of the technological developments is the reflection of the social media; has become an indispensable part of our lives. In fact, it is a matter of fact that some people have started to make financial gains through social media platforms. All these technological developments have revealed the concepts of digital asset and digital heritage; but these concepts do not have a very widespread use of our law, there are no legal regulations in Turkish Laws. However, there is no adequate examination in the doctrine. Unlike our country, in some other countries, digital assets and digital heritage concepts are examined as settled concepts.

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THE POS (POINT OF SALE) USURY

One of the types of crime created by the developing technology is “ The Pos Usury”. The usury which is regulated under the article 241 of Turkish Penal Code as one of the crimes, is considered as a serious fact for both the society and the state. In the Turkish Penal Code no. 5237, Article 241 of the crimes against society, usury: “A person who lends money to someone else to earn earnings is sentenced to imprisonment for two to five years and to a fine of up to five thousand days un.”

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THE CRIME OF INTERNET FRAUD

With the development of technology, there is an increase in fraud methods using information systems. Using information systems fraud known as the crime of internet fraud in colloquially, is a aggravated fraud. According to the Turkish Criminal Law (TCK), fraud is the act of cheating a person with fraudulent behavior and benefiting him / herself or the benefit of himself or others. It is the name given to the situation of fraudulent crimes, more aggravated. Qualified frauds are counted one by one in the law.

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IN THE LİGHT OF THE GDPR AND PERSONAL DATA PROTECTİON ACT

The European Union Data Protection Regulation (GDPR) entered into 25 May 2018. In GDPR, the user is defined as ‘’relavent person’’. You, me and everyone, we're the owners of our personal data.

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MERGERS AND ACQUİSİTİONS İN TURKEY

Mergers and Acquisitions (“M&A”) is defined as the combining of two or more companies or buying-selling or dividing of two or more companies as a part of corporate finance in order to grow rapidly in business field of activity.

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SOME LEGAL REGULATIONS ON FOREIGNERS

Work and residence permit in Turkey, an important issue in terms of foreign employees of companies that be in service in Turkey. According to the International Labor Law, people who have a foreign status are not allowed to work or be employed without a work permit. The Ministry of Labor and Social Security is authorized for getting work permits.

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AMENDMENTS IN ARTICLES OF ASSOCIATION IN JOINT-STOCK COMPANIES

The amendment of the Articles of Association requires that amendments to the articles of incorporation or the addition of new provisions or the complete, partial removal of existing provisions are made. The need for change can also be caused by legal necessity.

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AMENDMENTS IN ARTICLES OF ASSOCIATION IN JOINT-STOCK COMPANIES

A joint stock company is a company whose capital fixed and divided into shares. (TCC a.329). Joint stock companies may be incorporated for all kinds of economics purposes and scopes but may not be for unlawful purposes. (TCC a.331).The dissolution of joint stock company is the result of the some process Just as joint stock company exists. The companies dissolution constitutes the first phase of the company's disapperance. Joint-stock companies ending may through two way; withdrawal and dissolution. Dissolution means self-disapperance. But this word's means in joint stock company is that it is the end of the company's activities without any decision or notice.

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THE PLACE OF THE INSURANCE COMPANIES IN TURKISH LEGISLATION

When we look at the general plan of insurance in the world, it is seen that the companies are in the insurance area are two kinds. One of them is limited partnerships in which the capital is divided into shares and the other one is joint stock companies but we can accept that the limited partnerships in which the capital is divided into shares is much more rare.

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