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news & Publıcatıons
15 Mar: MONTREUX CONVENTION REGARDING THE REGIME OF THE STRAITS

Montreux Convention regarding the Regime of the Straits (the “Convention”), signed in Montreux on
July 20th, 1936, is an international convention that authorizes the Republic of Turkey to regulate the full
control of the Bosphorus and Dardanelles Strait (the “Straits”) and the passage of the war ships.

05 Mar: DETERMINATION OF THE FOREIGN COMPETENT COURT UNDER THE JURISDICTION AGREEMENTS

Article 47 of the Law numbered 5718 on International Private and Procedural Law (the “Law”) regulates the determination of the competent court by a jurisdiction agreement granting the foreign courts jurisdiction. Pursuant to the relevant article, “in cases where the jurisdiction is not determined on the basis of exclusive jurisdiction, the parties can agree that the dispute between them, which has a foreign element and arises from their debt relations, will be settled by a foreign court”.

28 Feb: THE CONSTITUTIONAL COURT’S WHATSAPP DECISION

With the decision of the Constitutional Court (the “Court”) dated 28.12.2021 with the application number 2018/34548 published in the Official Gazette on 11.02.2022, the Court ruled that the employer reading the messages of its employee (the “Applicant”) with other workmates through WhatsApp, and the subsequent termination of the Applicant’s employment contract on the grounds of these correspondences are unconstitutional as these acts violate the right to respect for private life and freedom of communication which are guaranteed by the Constitution of the Turkish Republic (the “Constitution”).

18 Jan: SERMAYE PİYASASI KANUNU’NDA KRİPTO VARLIKLARIN VE KRİPTO VARLIK PLATFORMLARININ DÜZENLENMESİNE DAİR DEĞİŞİKLİK TASLAĞI

Sermaye Piyasası Kanunu’nda Kripto Varlıkların ve Kripto Varlık Platformlarının Düzenlenmesine Dair Değişiklik Taslağı (“Taslak”) 2022 Ocak ayında Türkiye Büyük Millet Meclisi (“TBMM”) gündemine alınmış olup bu Taslak, günümüz dünyasının en popüler yatırım araçlarından biri haline gelen kripto varlıklara ilişkin hukuki dayanak oluşturmayı hedeflemektedir.

06 Jan: THE NEW INVESTMENT MEANS IN TODAY’S WORLD: CRYPTOCURRENCIES

New regulations regarding savings finance companies have been introduced by the “Law No. 7292 on the Amendment Made on the Law on Financial Leasing, Factoring and Financing Companies and Some Laws” which was published in and entered into force by the Official Gazette dated 07.03.2021 and numbered 31416. Accordingly, the name of the Law No. 6361 has been changed as the Law on Financial Leasing, Factoring, Financing and Savings Finance Companies (the “Law”)…