Hukuk Fakültesi Koleksiyonu

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

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Institution Author: search.filters.institutionAuthor.Erdoğan, BaşakLanguage: search.filters.language.en

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  • Conference Object
  • 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.
  • Conference Object
    Regula Iuris and Its Reflections on Lex Mercatoria
    (SIHDA (68th Session), 2014) Erdoğan, Başak
    The rise of lex mercatoria is a common trend in our current legal environment. The subject attracts attention of many academics from different legal systems and academic discussions have been constantly flourishing. The core of these discussions is the roots and sources of lex mercatoria. Concerning its roots, opinions diverge on whether it stems from ius gentium or from medieval merchant law. Another related issue is whether we are facing another era of lex mercatoria with the adoption of soft laws such as UNIDROIT Principles of International Commercial Contracts. As to the sources of the ‘merchant law’, debates focus on which sources lex mercatoria do possess. In general, international conventions on commercial law, commercial customs and usages, model laws, standard contracts and general principles of law are seen as part of lex mercatoria, however different views are taken on their consideration as a source of this legal system detached from national laws. Accordingly, it should not be wrong to say that lex mercatoria is still an ambiguous concept despite its popularity. Hence, opinions vary on its applicability as an ‘anational’ legal order as well: some acclaim its detachedness from national legal systems whereas others cast doubt its existence as a separate legal order. Nevertheless, we do often come across lex mercatoria as a reference to applicable law, especially in arbitral practice. This paper aims to establish a link with regula iuris and lex mercatoria. Some legal maxims are already deemed as being a source of lex mercatoria: examples include ‘pacta sunt servanda’, ‘venire contra factum proprium nemini licet’ (prohibition of inconsistent behavior), ‘culpa in contrahendo’, ‘clausula rebus sic stantibus’ etc. Accordingly, this paper evaluates the place of these maxims in lex mercatoria practice and attempts to find out whether lex mercatoria can be also seen as a new regula iuris on international level.