HUK212

School of Law \ Law

3

4

Compulsory

Turkish

-

Bachelor of Law

In this course, the distinction between merchant and tradesman, the provisions and consequences of being a merchant are discussed; it is aimed that students are familiar with these concepts. The place and functioning of the commercial judiciary within the judicial organization is examined. In addition, information on commercial books, trade registry and merchant assistants and distinctive names and signs are included.

Sabih Arkan, Ticari İşletme Hukuku, E. 30, Banka ve Ticaret Hukuku Araştırma Enstitüsü Yayınları, 2024.
Rıza Ayhan/Hayrettin Çağlar/Mehmet Özdamar, Ticari İşletme Hukuku Genel Esaslar, E. 16, Yetkin Yayınevi, 2024.
Tamer Bozkurt, Ticari İşletme Hukuku, E. 6, Yetkin Yayınevi, 2024.
Reha Poroy/Hamdi Yasaman, Ticari İşletme Hukuku, E. 20, Seçkin Yayıncılık, 2024.
Oruç Hami Şener, Ticari İşletme Hukuku -Ders Kitabı-, E. 3, Seçkin Yayıncılık, 2025
Hüseyin Ülgen/Mehmet Helvacı/Arslan Kaya/N. Füsun Nomer Ertan, Ticari İşletme Hukuku, E. 7, Vedat Kitapçılık, 2021.
Ali Bozer/Celal Göle, Ticari İşletme Hukuku, E. 8, Banka ve Ticaret Hukuku Araştırma Enstitüsü Yayınları, 2023.
Mehmet Bahtiyar, Ticari İşletme Hukuku, E. 22, Beta Yayıncılık, 2023.

The aim of the Commercial Law I course is mainly to enable students to learn the differences between commercial enterprises and tradesmen enterprises and to master the information about the tradesmen and merchants who operate these enterprises. In addition, it is aimed to enable them to comprehend the functioning of the business and to determine the legal rules to be applied to disputes related to businesses. In addition, it is aimed to have knowledge about merchant assistants and distinctive names and signs related to businesses. Finally, it is envisaged that they will have knowledge about the trade registry organization and commercial books.

1. Defines the concepts of merchant and tradesman and their effect on the type of business.
2. Distinguishes between ordinary business and commercial business. Has the knowledge that the legal rules and sanctions to be applied to them may be different.
3. Defines the place of commercial jurisdiction within the judicial organization, has the knowledge of determining the competent jurisdiction in commercial disputes. Has the knowledge of how to follow current judicial decisions.
4. Distinguishes merchant assistants from each other. Determines which merchant assistant the person is in the concrete case.
5. Defines the trade registry and has the knowledge of the procedures to be performed before the registry.
6. Compare distinctive names and signs, have knowledge about the development of these concepts, their place in economic life and foreign legal systems and how to protect distinctive signs.
7. Recognizes commercial books. Has the knowledge of how to use commercial books as evidence in a concrete dispute.
8. Defines the concept of unfair competition and unfair competition. Has knowledge of the legal remedies to be applied in case of unfair competition.

Week 1: Historical development of commercial law and its place in the legal order, the concept of commercial enterprise, the elements of commercial enterprise, the structure and legal nature of commercial enterprise.
Week 2: The distinction between head office and branch office, the elements of branch office and its evaluation in terms of commercial law and procedural law, transfer of commercial enterprise and the provisions and consequences thereof, pledge of commercial enterprise.
Week 3: Determination of commercial business, the provisions and consequences of commercial business and commercial provisions.
Week 4: Absolute and relative commercial cases, the courts where commercial cases will be heard and the procedure to be applied.
Week 5: Acquisition and loss of merchant title, provisions and consequences of being a merchant, provisions of the Turkish Commercial Code applicable to tradesmen.
Week 6: Dependent merchant assistants (commercial representative, commercial agent, marketer)
Week 7: Independent merchant assistants (agency)
Week 8: Independent merchant assistants (brokers)
Week 9: Trade registry- registry organization, transactions made in the registry, the effects of registration and announcement.
Week 10: Trade name, business name, trademark.
Week 11: Regulation of unfair competition in Turkish law- ttc and tco, definition of unfair competition and situations that constitute unfair competition, lawsuits filed as a result of unfair competition and parties to the case.
Week 12: Those who are subject to the obligation to keep commercial books, mandatory books to be kept and bookkeeping procedure, the evidential nature of the books. Current account information.

• Midterm 40 %
• Final 60 %