Turkish Code of Commerce
Samim Unan
Previous Code
• Dated 1956
• Prepared by Prof. Dr. Ernst Hirsch (from
Germany)
• Five books:
– Commercial enterprise
– Commercial companies
– Negotiable instruments
– Sea trade
– Insurance
New Code
(Turkish Code of Commerce of 2011)
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Prepared by a special commission between 2000-2005
Waited until 2011 at the Parliament
Enacted in 2011
Introductory provisions + books
Six books:
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Commercial enterprise
Commercial companies
Negotiable instruments
Transport
Sea Trade
Insurance
Introductory provisions
• TCComm. is an integral part of the Turkish Civil
Code of 2001.
• Provisions of the Code of Commerce and special
provisions in other laws relating to a commercial
enterprise are “commercial provisions”
• On a commercial issue, the judge shall decide on
the basis of commercial provisions and where any
applicable commercial provision is lacking
pursuant to commercial customary rules and in
default of any customary rule in accordance with
general provisions.
Introductory provisions
• Provisions about prescription in the laws
containing commercial provisions cannot be
modified by stipulation.
Commercial enterprise
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Merchant
Commercial Registry
Trade name and name of the enterprise
Unfair competition
Commercial books and records
Current account
Agency
Commercial companies
• Numerus clausus
• Unlimited liability of the shareholders
• Limited liability of the shareholders
Negotiable instruments
• Similar to Swiss law
Transport
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Carriage of goods
Carriage of furniture
Carriage of passengers
Forwarders
Sea Trade
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Vessel
Ship owner
Master
Contracts of sea trade
– Bare boat charter
– Time charter
– Voyage charter
– Carriage under B/L
Sea trade
• Liability of the ship owner
Insurance
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General provisions
Insurance of loss
Personal Insurance
Fixed sum insurance (?)