Business Law Final 1. Deneme Sınavı
Toplam 3 Soru1.Soru
In which article of the Constitution is the independence of the Turkish courts stipulated?
In which article of the Constitution is the independence of the Turkish courts stipulated?
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In article 138. |
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In article 140. |
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In article 4. |
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In article 159. |
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In article 158. |
The independence of the Turkish courts is stipulated in article 138 of the Constitution as follows: “Judges shall be independent in the discharge of their duties; they shall give judgment in accordance with the Constitution, laws, and their personal conviction conforming with the law. No organ, authority, office or individual may give orders or instructions to courts or judges relating to the exercise of judicial power, send them circulars, or make recommendations or suggestions. No questions shall be asked, debates held, or statements made in the Legislative Assembly relating to the exercise of judicial power concerning a case under trial. Legislative and executive organs and the administration shall comply with court decisions; these organs and the administration shall neither alter them in any respect, nor delay their execution.”
2.Soru
Based on Turkish International Arbitration Law, what happens if one of the parties does not arbitrate and brings before the court a matter which is the subject of an arbitration agreement?
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The other party may make an objection as to the arbitration and must claim the existence of an arbitration agreement latest with his/her statement of defense before making any submission concerning the merits of the dispute. |
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If a certain arbitration agreement is outside the scope of application of the Turkish International Arbitration Law, a Turkish court should not consider the arbitration agreement between the parties, and should deal with the merits of the dispute. |
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The other party is not allowed to make an objection as to the arbitration and the judge will decide whether to dismiss the action and take the arbitration into consideration or not. |
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The lawsuit procedure will not be affected and it will continue as there was not an arbitration agreement, because the authority of court is higher than that of the agreement. |
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The other party may make an objection as to the arbitration only if the place of arbitration is a place inside Turkey. |
If one of the parties infringes his/her obligation to arbitrate and brings an action before the court a matter, which is the subject of an arbitration agreement, the other party may make an objection as to the arbitration pursuant to Article 5. The acceptance or denial by the court of that objection and disputes concerning the validity of the arbitration agreement are subject to the provisions of the Code of Civil Procedure concerning initial objections.
3.Soru
I. Transfer of goods to another country,
II. Transfer of capital into Turkish Rebublic from another country,
III. Both parties to the arbitration agreement are located in Turkish Republic.
Under which of the circumstances listed above is arbitration considered international?
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Only I. |
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I & II. |
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Only II. |
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II & III. |
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I & III. |
The foreign element is defined in Article 2 in a very broad manner. Accordingly, the existence of any of the following circumstances demonstrates that the dispute has a foreign element and, under such circumstances, arbitration is considered as international:
1. where the parties to the arbitration agreement have their domiciles or habitual residences or places of business in different States;
2. where one of the following is situated outside the State in which the parties have their domiciles or habitual residences or places of business;
a. the place of arbitration, which is determined in, or pursuant to, the arbitration agreement; or
b. a place where a substantial part of the obligations arising from the underlying contract is performed or a place where the dispute has the closest connection;
3. where a shareholder of the company which is a party to the underlying contract that constitutes the basis for the arbitration agreement has brought foreign capital into Turkey in accordance with the laws concerning the encouragement of foreign capital or where a loan and/or guarantee agreement needs to be signed for the execution of the underlying contract;
4. where, in accordance with the underlying contract or with the underlying legal relationship, the movement of capital or of goods shall be made from one country to another.
Therefore, the correct option is B.