DR.

METIN UĞUR AYTEKIN

BUSINESS LAW
Introduction
Presentation
Summary
Points to Cover

About law
About business
Main terms and challenges

Metin Ugur Aytekin - 2021

 About Law: Definition

Main purpose of the law is to administer the society. Law

does this by rules that maintains justice and protects
individuals and property.

"Law is a body of rules of conduct with binding force and

effect; prescribed, acknowledged, and enforced by an
authority."

Business law contains all of the laws that regulate how to

form and run a business. This includes all the rules on how
to start, buy, manage and close or sell any type of business.

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 About Law: Types

Law is generally divided into two category.

• Private Law: Rules administer the relation between

individuals
• Public Law: Rules administer the relation between
individuals-government and goverment-government.

Private Law Combined Public Law

- Civil Law - Labor Law - Constitutional Law

- Commercial law - Competition Law - Administrative Law
- International Law - Criminal Law
- Law of obligations - Tax Law

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Legal Framework: Hierarchy

Law rules has power according to

Constitution a hierarchy which may best be
pictured as a pyramid.
Acts/International
Conventions
The rules that are in one segment
President's Ordinances
cannot infringe the rules that are
on its superior segment.
Regulations

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 Turkish law: Origins
and Short History

Turkish constitutional law dates back to the 19th

Century:

- 1839, the Rescript of Gülhane (Tanzimat Fermanı)

- 1876, I. Constitutional Monarchy (I. Meşrutiyet)
- 1908, II. Constitutional Monarchy (II. Meşrutiyet)
- 1921, Constitution of Parliamentary Government
(Teşkilatı Esasiye Kanunu)
- 1924, Constitution of Republic (1924 Anayasası)
- 1961, Constitution of Republic (1961 Anayasası)
- 1982, Constitution of Republic (1982 Anayasası)

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 Main Act of Commerce:
History
- Ottoman Era:
No certain codification,
Commercial custom,
Bylaws of ahi-communities,
Commercial Act of 1850,

- Republic Era:

1926, Commercial Act (first commercial act of

the Republic)
1956, Commercial Act
2011, Commericial Act

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 Main Act of Commerce:
Scope

- Main Terms on the Commerce such as

- commercial customs,
- commercial transactions,
- interest,
- time bar,
- commercial courts

- Commercial Enterprises
- Merchants
- Commercial Companies,
- Negotiable Instruments (Documents),
- Carriage,
- Maritime,
- Insurance

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Terms
COMMERCIAL ENTERPRISE/ORGANIZATION
A Commercial Enterprise/organization is an establishment that
continuously and independently realizes its activities with a purpose
to generate income that exceeds the scope of the activities of an
artisan.

MERCHANTS/ARTISANS

Merchant is a person who operates a commercial enterprise under

their name.

Artisan is a person or an entrepreneur who deals with small size of

commercial activities or earns only by their handcrafting skills.

COMMERCIAL/ORDINARY AFFAIR

Affairs that are regulated in the TCA are deemed as commercial affairs.
Such as establishing a company, drawing a negotiable instrument, etc.

Ordinary affairs are the transactions that are not defined under the
scope of commercial affairs.

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 About Business

"An organization or economic system where goods and

services are exchanged"

Policies and principles

People Processes

Resources

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Business Life Cycle

ESTABLISH MANAGE SUSTAIN AND LIQUIDATE

Business associations Labor Law GROW Insolvency
Contracts
Competition Law
Insurance Law
Mergers & Acquisitions
Finance Law
Dispute resolution

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 TRENDS

ARTIFICIAL INFORMATION POLITICAL ENVIRONMENTAL

INTELLIGENCE MANAGEMENT ISSUES ISSUES

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Where does the business law rules
stand in the pyramid?

Constitution

Acts/International
Conventions

President's Ordinances

Regulations

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What are the new challenges for
Law and Business?

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DR. METIN UGUR AYTEKIN
Piri Reis University
Law Faculty

Metin Ugur Aytekin - 2021