Hukuk Fakültesi Koleksiyonu

Permanent URI for this collectionhttps://hdl.handle.net/20.500.11779/1935

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Browsing Hukuk Fakültesi Koleksiyonu by Publication Category "Kitap Bölümü - Uluslararası"

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Now showing 1 - 9 of 9
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    Book Part
    A Turkish law perspective on the right to be forgotten
    (Springer, 2020) Kapancı, Kadir Berk; Paksoy, Meliha Sermin
    Since the rule is changed from easily forget to easily remember thanks to the digital Internet platforms, the question if there should be a right to be forgotten consecrated to individuals has become a frequently asked question with - of -course no “one correct answer” in different legal systems all around the world. Turkish legal practice has also encountered different cases where the question if a right to be forgotten should be recognized/accorded or not. Thus, the concept itself and discussions thereon prove to be heated nowadays among legal scholars. Accord- ingly, this article mainly aims to legally analyze the newly emerging concept “the right to be forgotten” and its potential practical impacts to the existing or future Internet technologies, in light of the Turkish legislations and existing case law.
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    Book Part
    Data Protection Around the World: Turkey
    (T.M.C. Asser Press, 2021) Erdoğan, Başak
    Like elsewhere in the world, data protection law is a popular topic as an emerging branch in the legal world in Turkey. After the adoption of Law no. 6698 on the Protection of Personal Data (“DPL”) and the formation of the Turkish Data Protection Authority (“DPA”) in 2016, the protection of data subjects’ rights with regards to personal data and privacy has become a major subject of discussions both in the academia and in practice. This chapter deals with Turkey’s stand concerning personal data protection in comparison with the General Data Protection Regulation (“GDPR”). To that extent, this chapter firstly analyses Turkey’s main laws and regu- lations and case-law with regard to the protection of personal data. This is followed by a comparison of the Turkish DPL with the GDPR, where the strengths and weak- nesses of Turkish law in the field of data protection are demonstrated. The chapter concludes with the possible application of the GDPR in Turkey and its impact on the Turkish data protection law.
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    Book Part
    Flipped Learning in Legal Education: a Personal Experience
    (Emerald Group Publishing, 2016) Karacaoğlu, Emine
    There are always discussion on how legal education are to be taught interactively and effectively. Flipped learning are now considered as one of these methods engaging students in studies more effectively by way of pre-class activities and during the class discussions. This article in on a personal experience about this systems in legal education.
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    Other
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    Book Part
    İhmali suçlar
    (Beta Yayınevi, 2014) Akyürek, Güçlü
    Ceza Hukukundaki ihmali suçlar kavramı açıklanmaktadır.
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    Book Part
    Solidarité et Indemnisation - Rapport Turc
    (Bruylant, 2021) Kapancı, Berk Kadir,; Ünan, Samim,; Akçura, Karaman Tuba,; Başoğlu, Başak,; Işıntan, Pelin,; Çelebi, Özgün,; Demirsatan, Barış,; Kara, Doğan,
    This report is prepared for the comparative law congress held by Association Henri Capitant. Under the light of current Turkish Private Law, detailed information has been granted on the subjects of joint and several obligations (in general), legal grounds for liability and compensation of damages in tort law, joint and several liability in the context of tortious acts and moreover, tort related insurance law regulations.
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    Book Part
    The rights of the child in Turkey
    (Springer, 2022) Başoğlu, Başak; Kapancı, Kadir Berk
    Children are the core element and the future of a society. However, they are also relatively weak and thus need to be specially protected. Turkish private law, in line with the United Nations Convention on the Rights of the Child, provides a variety of rights to children. The basic rights of the children are regulated under the Turkish Civil Code of 2002. Furthermore, the Turkish Labor Code of 2003, Turkish Penal Code of 2005, Turkish Criminal Procedural Code of 2005, Child Protection Code of 2005 and the Law on the Protection of the Family and the Prevention of Violence Against Women of 2013 also provide special rights and protective measures for children. Accordingly, this paper aims to present an overview of children’s basic rights and the protection mechanisms for children under Turkish Civil Code.
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    Book Part
    Turkish adult guardianship in perspective
    (Durham, 2014) Kurt, Ekrem
    Turkish Adult Guardianship is based upon a triple bond hierarchy. In the first phase the guardian is autharized who is inspected by a family council or the magistrate judge. On top of this hiererchy the supervisory authority, namely the trial judge is located. The person under the guardianship authority may gain the rights and owe within the consent of the guardian who is under gradual inspection of the magistrate and trial judge.
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    Book Part
    UNIDROIT
    (Mohr Siebeck, 2026) Kapancı, Kadir Berk
    This volume brings together leading scholars and practitioners to examine how diverse legal systems - both common law and civil law, national and international - approach the questions of control and ownership of digital assets. The comparative inquiry reveals not only doctrinal differences, but also shared concerns over legal certainty, market efficiency, and the adaptation of traditional legal categories to new technologies. The chapters traverse a wide range of jurisdictions. Contributions from Germany, France, Switzerland, and Australia illustrate how civil law systems grapple with the limitations of traditional doctrines of tangibility. The United States chapter analyzes the introduction of Article 12 to the Uniform Commercial Code, with its creation of »controllable electronic records«. The United Kingdom and Brazil chapters demonstrate how common law and hybrid systems have sought to adapt flexible doctrines to novel technical architectures. The Hong Kong and Singapore chapters show how Asian common law jurisdictions combine pragmatic judicial reasoning with increasingly granular regulatory oversight. The Mexico chapter highlights how pioneering statutory definitions-such as those in the 2018 Fintech Act-proved both innovative and unduly narrow, creating gaps in the classification of assets under private law. The Taiwan chapter examines the courts' characterization of virtual assets as »movable things,« while suggesting a shift toward a ledger-based model of public notice. Finally, the chapter on UNIDROIT's Digital Assets and Private Law Principles (DAPL) situates these national approaches within an emerging body of international soft law, where the concept of »control« serves as a functional analogue to possession. Taken together, these contributions illustrate convergence in recognizing that digital assets must be capable of being treated as objects of property rights, while also exposing divergence in the doctrinal and institutional means by which that recognition is achieved.