Sena Akkışla | Afyon Kocatepe University (original) (raw)
Papers by Sena Akkışla
Architecture Applications, 2024
Climate can be defined as a system that forms the interactions of living things with nature, whic... more Climate can be defined as a system that forms the interactions of living things with nature, which is effective on land, water bodies and the atmosphere. With the change of many different factors on Earth, the dynamics that keep the climate in balance over time vary and this situation sometimes becomes dangerous for living things. Climate change means an increase in the global average temperature and a deterioration in the balance of the climate system prevailing on Earth. Increased use of fossil fuels, increase in human population, industrialisation, greenhouse gas concentration, shrinkage of agricultural lands and forests trigger climate change . Over time, the desertification of soils, the decrease in forests, the melting of glaciers, the destruction of plants as a result of heat waves, the increase in the density of toxic gases such as carbon dioxide and methane gas in the atmosphere increase the global temperature average.
The increase in greenhouse gases (greenhouse gases, GHG) and carbon dioxide (CO2) concentration on Earth causes an increase in the global average temperature. The increase in temperature and gas density in the world disrupts the moisture balance and causes changes in precipitation regime, drought, melting of glaciers, decrease in fresh water resources, increase in sea level, disruption of the balance of the living environment of living things and loss of this habitat. The climate is on a very sensitive balance and if it changes, it will be a threat factor especially for endemic species. The deprivation of elements that are important for human health constitutes a negative part of climate change. The transformation of irrigated agriculture in agricultural lands into dry agricultural activities due to the decrease in fresh water resources, the decrease in the nutritional value of the products produced, and the occurrence of various destructions in agricultural lands constitute a danger especially for countries where agriculture constitutes an important part of the economy.
Çağdaş Hukuk Perspektifinde: Derlemeler ve Akademik İncelemeler, 2023
The legal responsibilities of physicians cover an important area within health law. The legal res... more The legal responsibilities of physicians cover an important area within health law. The legal responsibilities of dentists and their obligations arising from medical intervention are within this field. Within the scope of patient-physician relationship, parties have obligations. The nature of a contract for dentists and plastic surgery is a work contract. The dentist undertakes to improve the patient during the diagnosis and treatment processes, to act diligently during the treatment process, to commit his knowledge, skills and professional competence. The relationship established between parties is a form of relationship based on mutual trust and imposes obligations on both parties. As a matter of fact, within the framework of this legal relationship, the patient also has obligations of care. The patient must be honest with the dentist about the information about himself/herself from the moment of establishing a doctor-patient relationship and must inform him/her correctly about his/her disease. It is important to determine the limits of the duty of care in the event that the dentist catches an infectious virus from the patient due to the patient's incomplete information of the dentist. Patients with significant risk infections are required to be honest with their dentists during the diagnosis and treatment processes and to provide sufficient information about their diseases and the medications they use. The importance of the study is the analyses to be made to ensure the protection of dentists from risky infectious patients or fatal infectious diseases, which is a subject that has not been addressed before. In this article, the informing of dentists and the protection of the parties in the contracts regarding the diagnosis and treatment to be received from dentists by patients with dangerous and widely risky health problems such as Covid epidemic, SARS virus, avian influenza will be discussed in comparison with German Law.
Çağdaş Hukuk Perspektifinde: Derlemeler ve Akademik İncelemeler, 2023
Special regulations have been adopted for subjecting the assets of the commercial enterprise to l... more Special regulations have been adopted for subjecting the assets of the commercial enterprise to legal transactions and for the transfer of assets. In principle, the commercial enterprise transfer agreement covers the enterprise as a whole, since the parties may determine the elements to be transferred by agreement. Article 202 of the Turkish Code of Obligations No. 6098 regulates the acquisition of assets and business. Article 179 of the Code of Obligations No. 818 constitutes the updated version of the rule of acquisition of a product or an enterprise. Article 11 of the Turkish Commercial Code No. 6102 contains regulations on the transfer of assets of a commercial enterprise. Within the scope of the amendments made to the Swiss Merger Law and the Swiss Code of Obligations, many provisions regarding the commercial enterprise have been amended. In our study, this issue will be examined with current judicial decisions. The parties of a commercial enterprise may transfer all or part of its assets through a transfer agreement. The transfer agreement is essentially about the transfer of the assets and liabilities of the enterprise as a whole. The parties aim to transfer the essential elements in terms of the elements to be transferred. Because in order for a commercial enterprise to exist, the transferred elements must have the characteristics of a commercial enterprise for the transferee. In this study, it is emphasised that the exclusion of some of the elements to be transferred by the parties varies according to the subject, type and field of activity of that enterprise. In our study, Article 202 of the TCO No. 6098 and Article 11/III of the TCC No. 6102 are evaluated together and the opinions in the doctrine regarding the transfer of assets and liabilities in the transfer agreement of the commercial enterprise are included. In the transfer of a commercial enterprise, although both the assets and liabilities of the enterprise are within the scope of the transfer, it should not be understood from this provision that all assets and liabilities of the enterprise must be transferred completely. The transfer agreement may be limited to the conditions that it has the elements of "operating capability". The transferee commercial enterprise must be suitable to continue its commercial activities. It should be possible to continue its activities in the acquired status. Article 202 of the TCO also provides for joint and several liability. This provision should be evaluated in terms of its legal nature. As a matter of fact, the possibility that the parties may determine an out-of-scope provision in the transfer agreement in terms of liabilities related to the commercial enterprise is related to the understanding of the purpose of this provision
Marmara Üniversitesi Hukuk Fakültesi Hukuk Araştırmaları Dergisi, 2023
Today, developing technology and digitalisation increase the risk of breach of confidentiality of... more Today, developing technology and digitalisation increase the risk of breach of confidentiality of personal
data. In terms of lease law, it is possible that the personal data of the contracting parties may be jeopardised.
In this study, the protection of the confidentiality of the personal data of the tenants due to the contract
they have made will be discussed. The European Convention on Human Rights, the 1982 Constitution,
the Data Protection Regulation (GDPR), and the Law No. 6698 on the Protection of Personal Data will
be evaluated together. Confidentiality of personal data, which is an important responsibility in terms of
residential and roofed work-place lease agreements, protects the interests of the lessor as well as the lessee.
It is necessary to continue to protect the data processed due to the lease agreement after the termination of
the agreement and to determine the scope of responsibility in terms of data processing costs. The use and
processing of the tenant usage expenses, cleaning and maintenance expenses, personal information, name,
surname, title, business name, or licence information written on the leased property are with in the scope
of the protection of personal data privacy. In the study, both the protection of the rights of the data subject
and the principles will be examined with-in the scope of the lease law
Marmara Üniversitesi Hukuk Fakültesi Hukuk Araştırmaları Dergisi, 2023
Today, developing technology and digitalisation increase the risk of breach of confidentiality of... more Today, developing technology and digitalisation increase the risk of breach of confidentiality of personal
data. In terms of lease law, it is possible that the personal data of the contracting parties may be jeopardised.
In this study, the protection of the confidentiality of the personal data of the tenants due to the contract
they have made will be discussed. The European Convention on Human Rights, the 1982 Constitution,
the Data Protection Regulation (GDPR), and the Law No. 6698 on the Protection of Personal Data will
be evaluated together. Confidentiality of personal data, which is an important responsibility in terms of
residential and roofed work-place lease agreements, protects the interests of the lessor as well as the lessee.
It is necessary to continue to protect the data processed due to the lease agreement after the termination of
the agreement and to determine the scope of responsibility in terms of data processing costs. The use and
processing of the tenant usage expenses, cleaning and maintenance expenses, personal information, name,
surname, title, business name, or licence information written on the leased property are with in the scope
of the protection of personal data privacy. In the study, both the protection of the rights of the data subject
and the principles will be examined with-in the scope of the lease law.
Türkiye Adalet Akademisi Dergisi, 2024
The prerequisite of application to the mediator, which has been introduced for the judicial remed... more The prerequisite of application to the mediator, which has been introduced for the judicial remedy element in terms of legal transactions within the scope of the Labour Law, is discussed within the scope of this study. Mediation as an alternative dispute resolution method aims to help the judicial proceedings in the fields of labour law, commercial law, rent law and consumer law in Turkey. In addition to helping to resolve legal disputes between the employee and the employer without prolonged periods of time, it brings the parties together in a peaceful environment and allows the parties to find a fair solution in their own relations. In the face of these positive effects of the mediator institution, which alleviates the workload of the labour courts, the concrete situations experienced and encountered by the parties during these negotiations damage the interest that the legislator wants to protect. While the concept of voluntary mediation is the main one, the fact that it is regulated as a condition of litigation has affected some balances within the Labour Law. In the simplest sense, this effect is that the parties are obliged to go to the mediator before going to court, but they are not obliged to agree here. If the parties do not reach an agreement here, they are free to go to court. The uncertainties in terms of the time elapsed with the application to the mediator may have consequences to the detriment of the parties. In our study, we will discuss the requirement to apply to the mediator in terms of the lawsuit to be filed in case of invalidity of the termination within this scope
Türkiye Barolar Birliği Dergisi, 2019
Kesit akademi dergisi, 2018
6284 Sayılı Ailenin Korunması ve Kadına Karşı Şiddetin Önlenmesine Dair Kanun Çerçevesinde Geçici Maddi Yardım Hükmünün Değerlendirilmesi, 2019
Marmara Üniversitesi Hukuk Fakultesi Hukuk Araştırmaları Dergisi, 2023
İSTANBUL BAROSU DERGİSİ, 2022
Özet: Bu kurum 6098 sayılı Türk Borçlar Kanunu ile nitelikleri ve özellikleri çerçevelendirilerek... more Özet: Bu kurum 6098 sayılı Türk Borçlar Kanunu ile nitelikleri ve özellikleri çerçevelendirilerek nitelendirilmiş bir kavramdır. Hukuku-muzda borca katılma ile karıştırılabilecek, ona benzer kurumlar bu-lunmakla birlikte belirli temel farklar sebebiyle bu olgu ayrı bir başlık altında incelemeye alınmıştır. Bu makalede borca katılma kavramını incelemekle kalmayıp hukukumuzda nasıl ve ne şartlarla uygulama-ya yer verildiğini, benzer kurumlar ile arasındaki farkları inceleye-ceğiz. Borca katılma sözleşmesinin genel özellikleriyle ele alınması bakımından bir inceleme yapılmıştır. Borca katılma; alacaklı ile borçlu arasındaki borç ilişkisine taraf olmayan bir üçüncü kişinin, ilk borçlu yanında yer almak suretiyle, kural olarak mevcut bir borç ilişkisinden doğan yükümlülükleri üstlenmesi şeklinde tanımlanabilir. Abstract: This institution is a concept which is characterized by framing the qualifications and characteristics with the Turkish Code of Obligations No. 6098. Due to certain fundamental differences, this phenomenon has been examined under a separate heading, as there are similar institutions that can be confused with the participation of borrowing in our law. In this article we will examine not only the concept of joining borrowing but also how and under what circumstances our law is enforced and the differences between similar institutions. Besides an examination has been made in order to consider the general characteristics of the participation agreement. Cumulative assumption of debt; a third person who is not a party to the debt relationship between the creditor and the debtor can assume liabilities arising from an existing debt relationship as a rule, by taking the side of the first debtor.
Özet Aile konutu kavramı hukukumuzda 4721 sayılı Türk Medeni Kanunu ile girmiş bir kavramdır. Ail... more Özet Aile konutu kavramı hukukumuzda 4721 sayılı Türk Medeni Kanunu ile girmiş bir kavramdır. Aile konutu bilindiği gibi aile olmanın taşıdığı koşullar çerçevesinde aile anılarının oluştuğu ve yaşam döngüsünü geçirdiği bir yerdir. Aile konutunun önemi son yıllarda artmıştır çünkü hem miras hukuku hem de aile hukuku açısından tartışmalıdır. Bu ihtilaf aile içi ilişkilere zarar verdiği gibi karmaşaya da yol açmaktadır. Özellikle yargıtay kararlarına bakıldığında eşler maddi anlamda bunu bir yaptırım olarak kullanmakatadırlar. Kanun bu konuda bir düzenleme yaparak aslında toplumun en küçük yapıtaşı olan kurumu da koruma altına almayı hedeflemiştir. Bu makale de kanuni düzenlemeler çerçevesinde kavramı ele almıştır. Ayrıca makale teorik temellendirmelerin yanısıra saha çalışmalarına da yer vererek somutlaştırma yapmıştır. Anahtar Kelimeler: Aile konutu, medeni hukuk, aile hukuku, sağ kalan eş. ALLOTTING OF FAMILY DWELLING TO THE SURVIVING SPOUSE Abstract Family dwelling is a new concept which came into Turkish Civil Code no. 4721. As family dwelling is known within the circumstances of being a family to occur family memories and it is a place where you spend your cycle. In recent years importance of family dwelling increased because family dwelling is disputed both law of succession and family law. This controversy as damaging as leads to confusion. Especially between spouses put leverage on this situation when examined Supreme Courts decree. By making an arrangement in this matter, the law aims to protect the institution, which is actually the smallest building block of the society. This article also discusses the concept within the framework of statutory regulations. Besides this article has embodied theoretical bases as well as fieldworks.
Books by Sena Akkışla
6284 SAYILI AİLENİN KORUNMASI VE KADINA KARŞI ŞİDDETİN ÖNLENMESİNE DAİR KANUN ÇERÇEVESİNDE GEÇİCİ MADDİ YARDIM HÜKMÜNÜN DEĞERLENDİRİLMESİ, 2019
Place of women from past to present day can’t be ignored, protection of the family and the necess... more Place of women from past to present day can’t be ignored, protection of the family and the necessary measures have been taken to prevent violence against women. We can only ensure that violence isn’t repeated, violence is prevented and violence can be overcome if the woman is economically strong. The purpose of financial supports provided by laws enacted and contracts signed by State provides woman with an opportunity.
Republic of Turkey are contracting state party Council Europe Convention on preventing, combating violence against women and domestic violence according to article 8. parties shall allocate appropriate financial, human resources for adequate implementation of integrated policies, measures and programmes to prevent and combat all forms of violence covered by scope of this Convention, including those carried out by non-governmental organisations. Law No. 6284 has regulated protection against acts and acts that have caused human rights violations as a result of being women only. The law regulates provision of provisional financial assistance under Article 17 under Financial Provisions. Law No. 6284 in Official Gazette No. 28519 dated 5 January 2013 Regulation on Opening and Operation of Women's Guesthouse and financial provisions to implemented are detailed. In this way, women will be able to meet their needs stand on one’s own legs.
Prevention of violence against women and protection of family is to be able to show existence of women in society. In some laws, regulations should be made regarding the opening of cadres regarding women who are victims of violence, introducing minimum conditions in collective labor agreements and vocational training in public education centers. Protection of family and recruitment of women by employment of women who are subjected to violence makes possible for both acts of violence to be reduced and women who are victims of violence to adapt to life again.
Architecture Applications, 2024
Climate can be defined as a system that forms the interactions of living things with nature, whic... more Climate can be defined as a system that forms the interactions of living things with nature, which is effective on land, water bodies and the atmosphere. With the change of many different factors on Earth, the dynamics that keep the climate in balance over time vary and this situation sometimes becomes dangerous for living things. Climate change means an increase in the global average temperature and a deterioration in the balance of the climate system prevailing on Earth. Increased use of fossil fuels, increase in human population, industrialisation, greenhouse gas concentration, shrinkage of agricultural lands and forests trigger climate change . Over time, the desertification of soils, the decrease in forests, the melting of glaciers, the destruction of plants as a result of heat waves, the increase in the density of toxic gases such as carbon dioxide and methane gas in the atmosphere increase the global temperature average.
The increase in greenhouse gases (greenhouse gases, GHG) and carbon dioxide (CO2) concentration on Earth causes an increase in the global average temperature. The increase in temperature and gas density in the world disrupts the moisture balance and causes changes in precipitation regime, drought, melting of glaciers, decrease in fresh water resources, increase in sea level, disruption of the balance of the living environment of living things and loss of this habitat. The climate is on a very sensitive balance and if it changes, it will be a threat factor especially for endemic species. The deprivation of elements that are important for human health constitutes a negative part of climate change. The transformation of irrigated agriculture in agricultural lands into dry agricultural activities due to the decrease in fresh water resources, the decrease in the nutritional value of the products produced, and the occurrence of various destructions in agricultural lands constitute a danger especially for countries where agriculture constitutes an important part of the economy.
Çağdaş Hukuk Perspektifinde: Derlemeler ve Akademik İncelemeler, 2023
The legal responsibilities of physicians cover an important area within health law. The legal res... more The legal responsibilities of physicians cover an important area within health law. The legal responsibilities of dentists and their obligations arising from medical intervention are within this field. Within the scope of patient-physician relationship, parties have obligations. The nature of a contract for dentists and plastic surgery is a work contract. The dentist undertakes to improve the patient during the diagnosis and treatment processes, to act diligently during the treatment process, to commit his knowledge, skills and professional competence. The relationship established between parties is a form of relationship based on mutual trust and imposes obligations on both parties. As a matter of fact, within the framework of this legal relationship, the patient also has obligations of care. The patient must be honest with the dentist about the information about himself/herself from the moment of establishing a doctor-patient relationship and must inform him/her correctly about his/her disease. It is important to determine the limits of the duty of care in the event that the dentist catches an infectious virus from the patient due to the patient's incomplete information of the dentist. Patients with significant risk infections are required to be honest with their dentists during the diagnosis and treatment processes and to provide sufficient information about their diseases and the medications they use. The importance of the study is the analyses to be made to ensure the protection of dentists from risky infectious patients or fatal infectious diseases, which is a subject that has not been addressed before. In this article, the informing of dentists and the protection of the parties in the contracts regarding the diagnosis and treatment to be received from dentists by patients with dangerous and widely risky health problems such as Covid epidemic, SARS virus, avian influenza will be discussed in comparison with German Law.
Çağdaş Hukuk Perspektifinde: Derlemeler ve Akademik İncelemeler, 2023
Special regulations have been adopted for subjecting the assets of the commercial enterprise to l... more Special regulations have been adopted for subjecting the assets of the commercial enterprise to legal transactions and for the transfer of assets. In principle, the commercial enterprise transfer agreement covers the enterprise as a whole, since the parties may determine the elements to be transferred by agreement. Article 202 of the Turkish Code of Obligations No. 6098 regulates the acquisition of assets and business. Article 179 of the Code of Obligations No. 818 constitutes the updated version of the rule of acquisition of a product or an enterprise. Article 11 of the Turkish Commercial Code No. 6102 contains regulations on the transfer of assets of a commercial enterprise. Within the scope of the amendments made to the Swiss Merger Law and the Swiss Code of Obligations, many provisions regarding the commercial enterprise have been amended. In our study, this issue will be examined with current judicial decisions. The parties of a commercial enterprise may transfer all or part of its assets through a transfer agreement. The transfer agreement is essentially about the transfer of the assets and liabilities of the enterprise as a whole. The parties aim to transfer the essential elements in terms of the elements to be transferred. Because in order for a commercial enterprise to exist, the transferred elements must have the characteristics of a commercial enterprise for the transferee. In this study, it is emphasised that the exclusion of some of the elements to be transferred by the parties varies according to the subject, type and field of activity of that enterprise. In our study, Article 202 of the TCO No. 6098 and Article 11/III of the TCC No. 6102 are evaluated together and the opinions in the doctrine regarding the transfer of assets and liabilities in the transfer agreement of the commercial enterprise are included. In the transfer of a commercial enterprise, although both the assets and liabilities of the enterprise are within the scope of the transfer, it should not be understood from this provision that all assets and liabilities of the enterprise must be transferred completely. The transfer agreement may be limited to the conditions that it has the elements of "operating capability". The transferee commercial enterprise must be suitable to continue its commercial activities. It should be possible to continue its activities in the acquired status. Article 202 of the TCO also provides for joint and several liability. This provision should be evaluated in terms of its legal nature. As a matter of fact, the possibility that the parties may determine an out-of-scope provision in the transfer agreement in terms of liabilities related to the commercial enterprise is related to the understanding of the purpose of this provision
Marmara Üniversitesi Hukuk Fakültesi Hukuk Araştırmaları Dergisi, 2023
Today, developing technology and digitalisation increase the risk of breach of confidentiality of... more Today, developing technology and digitalisation increase the risk of breach of confidentiality of personal
data. In terms of lease law, it is possible that the personal data of the contracting parties may be jeopardised.
In this study, the protection of the confidentiality of the personal data of the tenants due to the contract
they have made will be discussed. The European Convention on Human Rights, the 1982 Constitution,
the Data Protection Regulation (GDPR), and the Law No. 6698 on the Protection of Personal Data will
be evaluated together. Confidentiality of personal data, which is an important responsibility in terms of
residential and roofed work-place lease agreements, protects the interests of the lessor as well as the lessee.
It is necessary to continue to protect the data processed due to the lease agreement after the termination of
the agreement and to determine the scope of responsibility in terms of data processing costs. The use and
processing of the tenant usage expenses, cleaning and maintenance expenses, personal information, name,
surname, title, business name, or licence information written on the leased property are with in the scope
of the protection of personal data privacy. In the study, both the protection of the rights of the data subject
and the principles will be examined with-in the scope of the lease law
Marmara Üniversitesi Hukuk Fakültesi Hukuk Araştırmaları Dergisi, 2023
Today, developing technology and digitalisation increase the risk of breach of confidentiality of... more Today, developing technology and digitalisation increase the risk of breach of confidentiality of personal
data. In terms of lease law, it is possible that the personal data of the contracting parties may be jeopardised.
In this study, the protection of the confidentiality of the personal data of the tenants due to the contract
they have made will be discussed. The European Convention on Human Rights, the 1982 Constitution,
the Data Protection Regulation (GDPR), and the Law No. 6698 on the Protection of Personal Data will
be evaluated together. Confidentiality of personal data, which is an important responsibility in terms of
residential and roofed work-place lease agreements, protects the interests of the lessor as well as the lessee.
It is necessary to continue to protect the data processed due to the lease agreement after the termination of
the agreement and to determine the scope of responsibility in terms of data processing costs. The use and
processing of the tenant usage expenses, cleaning and maintenance expenses, personal information, name,
surname, title, business name, or licence information written on the leased property are with in the scope
of the protection of personal data privacy. In the study, both the protection of the rights of the data subject
and the principles will be examined with-in the scope of the lease law.
Türkiye Adalet Akademisi Dergisi, 2024
The prerequisite of application to the mediator, which has been introduced for the judicial remed... more The prerequisite of application to the mediator, which has been introduced for the judicial remedy element in terms of legal transactions within the scope of the Labour Law, is discussed within the scope of this study. Mediation as an alternative dispute resolution method aims to help the judicial proceedings in the fields of labour law, commercial law, rent law and consumer law in Turkey. In addition to helping to resolve legal disputes between the employee and the employer without prolonged periods of time, it brings the parties together in a peaceful environment and allows the parties to find a fair solution in their own relations. In the face of these positive effects of the mediator institution, which alleviates the workload of the labour courts, the concrete situations experienced and encountered by the parties during these negotiations damage the interest that the legislator wants to protect. While the concept of voluntary mediation is the main one, the fact that it is regulated as a condition of litigation has affected some balances within the Labour Law. In the simplest sense, this effect is that the parties are obliged to go to the mediator before going to court, but they are not obliged to agree here. If the parties do not reach an agreement here, they are free to go to court. The uncertainties in terms of the time elapsed with the application to the mediator may have consequences to the detriment of the parties. In our study, we will discuss the requirement to apply to the mediator in terms of the lawsuit to be filed in case of invalidity of the termination within this scope
Türkiye Barolar Birliği Dergisi, 2019
Kesit akademi dergisi, 2018
6284 Sayılı Ailenin Korunması ve Kadına Karşı Şiddetin Önlenmesine Dair Kanun Çerçevesinde Geçici Maddi Yardım Hükmünün Değerlendirilmesi, 2019
Marmara Üniversitesi Hukuk Fakultesi Hukuk Araştırmaları Dergisi, 2023
İSTANBUL BAROSU DERGİSİ, 2022
Özet: Bu kurum 6098 sayılı Türk Borçlar Kanunu ile nitelikleri ve özellikleri çerçevelendirilerek... more Özet: Bu kurum 6098 sayılı Türk Borçlar Kanunu ile nitelikleri ve özellikleri çerçevelendirilerek nitelendirilmiş bir kavramdır. Hukuku-muzda borca katılma ile karıştırılabilecek, ona benzer kurumlar bu-lunmakla birlikte belirli temel farklar sebebiyle bu olgu ayrı bir başlık altında incelemeye alınmıştır. Bu makalede borca katılma kavramını incelemekle kalmayıp hukukumuzda nasıl ve ne şartlarla uygulama-ya yer verildiğini, benzer kurumlar ile arasındaki farkları inceleye-ceğiz. Borca katılma sözleşmesinin genel özellikleriyle ele alınması bakımından bir inceleme yapılmıştır. Borca katılma; alacaklı ile borçlu arasındaki borç ilişkisine taraf olmayan bir üçüncü kişinin, ilk borçlu yanında yer almak suretiyle, kural olarak mevcut bir borç ilişkisinden doğan yükümlülükleri üstlenmesi şeklinde tanımlanabilir. Abstract: This institution is a concept which is characterized by framing the qualifications and characteristics with the Turkish Code of Obligations No. 6098. Due to certain fundamental differences, this phenomenon has been examined under a separate heading, as there are similar institutions that can be confused with the participation of borrowing in our law. In this article we will examine not only the concept of joining borrowing but also how and under what circumstances our law is enforced and the differences between similar institutions. Besides an examination has been made in order to consider the general characteristics of the participation agreement. Cumulative assumption of debt; a third person who is not a party to the debt relationship between the creditor and the debtor can assume liabilities arising from an existing debt relationship as a rule, by taking the side of the first debtor.
Özet Aile konutu kavramı hukukumuzda 4721 sayılı Türk Medeni Kanunu ile girmiş bir kavramdır. Ail... more Özet Aile konutu kavramı hukukumuzda 4721 sayılı Türk Medeni Kanunu ile girmiş bir kavramdır. Aile konutu bilindiği gibi aile olmanın taşıdığı koşullar çerçevesinde aile anılarının oluştuğu ve yaşam döngüsünü geçirdiği bir yerdir. Aile konutunun önemi son yıllarda artmıştır çünkü hem miras hukuku hem de aile hukuku açısından tartışmalıdır. Bu ihtilaf aile içi ilişkilere zarar verdiği gibi karmaşaya da yol açmaktadır. Özellikle yargıtay kararlarına bakıldığında eşler maddi anlamda bunu bir yaptırım olarak kullanmakatadırlar. Kanun bu konuda bir düzenleme yaparak aslında toplumun en küçük yapıtaşı olan kurumu da koruma altına almayı hedeflemiştir. Bu makale de kanuni düzenlemeler çerçevesinde kavramı ele almıştır. Ayrıca makale teorik temellendirmelerin yanısıra saha çalışmalarına da yer vererek somutlaştırma yapmıştır. Anahtar Kelimeler: Aile konutu, medeni hukuk, aile hukuku, sağ kalan eş. ALLOTTING OF FAMILY DWELLING TO THE SURVIVING SPOUSE Abstract Family dwelling is a new concept which came into Turkish Civil Code no. 4721. As family dwelling is known within the circumstances of being a family to occur family memories and it is a place where you spend your cycle. In recent years importance of family dwelling increased because family dwelling is disputed both law of succession and family law. This controversy as damaging as leads to confusion. Especially between spouses put leverage on this situation when examined Supreme Courts decree. By making an arrangement in this matter, the law aims to protect the institution, which is actually the smallest building block of the society. This article also discusses the concept within the framework of statutory regulations. Besides this article has embodied theoretical bases as well as fieldworks.
6284 SAYILI AİLENİN KORUNMASI VE KADINA KARŞI ŞİDDETİN ÖNLENMESİNE DAİR KANUN ÇERÇEVESİNDE GEÇİCİ MADDİ YARDIM HÜKMÜNÜN DEĞERLENDİRİLMESİ, 2019
Place of women from past to present day can’t be ignored, protection of the family and the necess... more Place of women from past to present day can’t be ignored, protection of the family and the necessary measures have been taken to prevent violence against women. We can only ensure that violence isn’t repeated, violence is prevented and violence can be overcome if the woman is economically strong. The purpose of financial supports provided by laws enacted and contracts signed by State provides woman with an opportunity.
Republic of Turkey are contracting state party Council Europe Convention on preventing, combating violence against women and domestic violence according to article 8. parties shall allocate appropriate financial, human resources for adequate implementation of integrated policies, measures and programmes to prevent and combat all forms of violence covered by scope of this Convention, including those carried out by non-governmental organisations. Law No. 6284 has regulated protection against acts and acts that have caused human rights violations as a result of being women only. The law regulates provision of provisional financial assistance under Article 17 under Financial Provisions. Law No. 6284 in Official Gazette No. 28519 dated 5 January 2013 Regulation on Opening and Operation of Women's Guesthouse and financial provisions to implemented are detailed. In this way, women will be able to meet their needs stand on one’s own legs.
Prevention of violence against women and protection of family is to be able to show existence of women in society. In some laws, regulations should be made regarding the opening of cadres regarding women who are victims of violence, introducing minimum conditions in collective labor agreements and vocational training in public education centers. Protection of family and recruitment of women by employment of women who are subjected to violence makes possible for both acts of violence to be reduced and women who are victims of violence to adapt to life again.