Hukuk Fakültesi Koleksiyonu
Permanent URI for this collectionhttps://hdl.handle.net/20.500.11779/1935
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Article Effect of Belief in Free Will on the Intensity of Third-Party Punishment(Istanbul University Press, 2025) Çakar, Tuna; Akyürek, Güçlü; Erözden, Ozan; Özen, Zeynep; Şahin, Türkay; Keskin, İrem Nur; Ünlü, MeryemThe institutionalized criminal justice mechanisms are built on two psychological and social traits: third-party punishment (TPP) and belief in free will (BFW). TPP is the administration of a sanction to a transgressor by an individual not affected by the transgression. BFW posits that humans are in control of their actions. Previous studies have indicated that BFW influences TPP. The aim of this study is to investigate whether the level of BFW has an impact on the magnitude of punishment in TPP tasks. Furthermore, it questions whether the degree of affective arousal of the punisher creates an additional effect on the magnitude of the punishment. Our basic hypothesis is that the BFW and punishment magnitude are positively correlated. We also hypothesize that the expected positive correlation between BFW and punishment magnitude will be more manifest in low-affect scenarios than in high-affect ones. Participants (N = 726) were given 49 hypothetical crime scenarios categorized as low- and high-affect cases. Upon reading each scenario, the participants were tasked to attribute a penalty between the two given options. Our results showed that the level of BFW was positively correlated with the degree of punishment administered in the hypothetical crime scenarios and that the average punishment magnitude for participants with a low level of BFW increased in the high-affect crime scenarios. We assume that our results would shed light on the underlying causes of public reactions to criminal sentencing policies, thus helping lawmakers in enacting better regulations in this respect. 2025. Çakar, T., Akyürek, G., Erözden, O., Şahin, T., Keskin, İ. N., Ünlü, M., Özen, D. H. & Özen, Z.Book Part UNIDROIT(Mohr Siebeck, 2025) Kapancı, Kadir BerkThis 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.Article The Impact of Force Majeure on Contracts for the International Sale of Commercial Goods Under Art. 79 of the CISG(Istanbul Universtiy Press, 2025) Başoğlu, Başak; Kapancı, Kadir Berk; Kapancı, Kadir BerkThe United Nations Convention on Contracts for the International Sale of Goods (CISG) aims to harmonise inter0 national trade law by providing unified rules for sales contracts across its 970member countries, as of April 2025. Despite its wide adoption, the CISG’s approach to non0performance and liability differs markedly from domestic legal systems, particularly those based on civil law traditions. The CISG provides that the debtor failing to perform their obligations must compensate for the loss, unless exempted under Article 79, which introduces the concept of “impediment beyond the debtor’s control” as a basis for exemption. For this exemption to apply, the impediment must be unforeseeable, unavoidable, and the direct cause of the failure to perform. However, these criteria make its application rare in practice, while its requirements have been satisfied in only a limited number of cases. This study examines Article 79 CISG in detail, exploring its stringent criteria and the challenges it presents in practice. Furthermore, the paper will assess Article 79’s effectiveness in addressing force majeure and hardship scenarios, despite the absence of explicit references to these concepts within the CISG text.Conference Object General Principles of Transitional Justice and the Turkish Context(Euro Med, 2025) Dinçer, HülyaThis paper was presented in the international conference on "Transitional justice in the MENA Region: Challenges and Opportunities" organized by EuroMed and Human Rights Association on February 8-9 2025 in Istanbul. The paper address how the fundamental principles of transitional justice such as legal accountability, truth-telling and the guarantees of non-repetition be applied effectively in Turkey's current political and social climate.Book Part The Right to Dignity at Work(Brill | Nijhoff, 2025) Akyürek, Güçlü; Adınır, Canan Ünal; Çatalkaya, Deniz UganArticle Citation - Scopus: 1Les Conventions Préparatoires(Istanbul University Press, 2023) Işıntan, PelinLa phase précontractuelle est une zone grise, difficile à cerner et gouvernée par la liberté contractuelle. Les parties sont libres d’organiser leurs pourparlers conventionnellement et s’imposer des devoirs contractuels même en période précontractuelle. Par convention précontractuelle nous entendons un acte bilatéral qui vise la conclusion du contrat négocié. Puisque le Code des Obligations turc ne consacre pas une section spécifique aux pourparlers les parties ont grand intérêt à organiser cette phase et définir les règles à suivre et leurs comportements réciproques. Les parties peuvent former des actes précontractuels sous des formes et avec des contenus très variés. Nous allons nous limiter aux actes bilatéraux conclus entre les parties puisque nous examinons les conventions préparatoires. Par conséquent, les actes unilatéraux tels que la lettre d’intention envoyée par l’une des parties avec l’intention de débuter les pourparlers ne seraient pas traités dans cet article. Ainsi nous envisageons une étude sur les conventions précontractuelles en tenant compte de leur effet obligatoire. Dans un premier temps, nous traiterons les conventions qu’on pourrait appeler les contrats préparatoires qui créent un effet obligatoire pour au moins une des parties, et ensuite nous examinerons les conventions munies d’un tel effet.Conference Object Prohibition of Lex Commissoria and Its Impact on Turkish Law(SIHDA 2023 | University of Helsinki, 2023) Sargın , Hilal SelinLex commissoria agreement is described as condition attached to the contract in Roman law. It results in the creditor becoming the owner of the pledged property in case the debt is not paid at maturity, with regard to its application in pledge agreements. The lex commissoria agreements, the first applications of which are accepted to have emerged with fiducia, were prohibited by Emperor Constantine in 326 AD with a decree. Prohibiton of lex commissoria was included in the Codex Theodosianus and repeated by Emperor Iustinian. The reason for prohibition of lex commissoria was the economic crisis prevailing and the need for protection against the deceits of usurers. In Turkish law, the ratio legis of this prohibition focuses on protection of the debtor against lesion. Since prohibition of lex commissoria was mostly applied in the provincial lands and many practices narrowed the scope of this prohibition were accepted, the application area of this prohibition in Roman law is very limited, contrary to Turkish law. Despite the change in economic conditions later on, abolishing prohibition of lex commissoria was not considered necessary and discussed. Prohibition of lex commissoria took its place in Swiss law after the cantons have started to be under the influence of Roman law, and in current Turkish law, due to the adaptation movements at the foundation of the Republic of Turkey. In the Turkish Civil Code, prohibition of lex commissoria is included in Art. 949 for movables and Art. 873/2 for immovables. This study will focus on the emergence and application of prohibition of lex commissoria in Roman law, its effects on Turkish law and its application in Turkish law.Book Part Determining Effects of Authoritarianism on Executive Power and Public Administration in Turkey(Springer, 2023) Sevinç, Zeliha HacımuratlarThe increasingly authoritarian regime in Turkey has been the subject of many studies in constitutional law and political science. As per the planned neoliberal policies put into action, the role of the state was redefined in 2001 and new elements were added to the administrative structure to play that role. Although the authoritarianism was being experienced with all these aspects in Turkey, a threshold was crossed especially with the experience of the state of emergency of 2016–2018. Clearly, Turkey can no longer be described as a constitutional democracy after the thresholds it has crossed on the way to authoritarianism. What made this transition easy is the legacy of the political regime/culture and public law that has carried on from the past. It can be said that even if Turkey’s shortcomings in terms as organization in line with the requirements of a pluralist, participatory, and deliberative democracy, and the rule of law during the time of the 1982 Constitution did not render today’s authoritarian order mandatory, it has certainly made it possible. In this section, I will examine the transformation effects of the authoritarianism that Turkey has experienced since the 2000s on the executive and administrative organization in the context of the rule of law and pluralist, participatory, and deliberative democracy.Conference Object The Impact of the Force Majeure on Contractual Obligatıons Special Report on the United Nations Convention on The Contracts for The International Sales of Goods (cisg)(International Academy of Comparative Law, 2022) Kapancı, Kadir BerkThe effect of force majeure on contracts has possibly been the most debated subject of the law of contracts in the past two years. In this report, the effect of force majeure on the contracts for the international sale of goods will be analyzed withi n the context of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Even though the CISG does not directly refer the concept offorce majeure, the issue is dealt with under the highly controversial article 79 of the CISG. In this report, the conditions and consequences of exemption from liability under the article 79 will be examined.