Books

YENİ

INTERNATIONAL ARBITRATION

The present commentary aims at helping and encouraging students of law at the university and the practitioners fascinated by the field of international arbitration law, which is an important vehicle for the resolution of existing or potential disputes between contracting parties.

Indeed, in recent years, because of the globalization of commerce all over the world, important direct investment has been observed cross-borders. We may easily cite some concrete reasons that support these commercial activities. First of all, as we witnessing in the countries of the European Union manpower services, that goods and capital are freely crossing over national borders. Consequently, this type of evolution creates a substantial sector in the international market for investment, transfer of technology and the capital from one country to another.

Domestic and foreign companies are constantly seeking to conclude consortium and/or joint venture contracts whereby they unify their capital, manpower and commercial capabilities. In that context, they include an arbitration clause in their commercial contract, or they set up separately their arbitration agreement for settlement of disputes. In this respect, usually, they subject the resolution of disputes to ICC Rules or UNCITRAL Rules or another institution’s arbitration rules. We may also mention that they also refer to Turkish International Arbitration Law as well.

As a consequence of these developments, really, the Turkish International Arbitration Law has a special place for the settlement of disputes regarding international trade contracts. For the first time in Turkey, as soon as the International Arbitration Law entered into effect, it has called the attention of foreign firms as much as the local ones, in particular because this Law has produced a new horizon for the resolution of the disputes confronted in the commercial life. The parties, who have applied in the past to foreign arbitration institutions in the resolution of their disputes, but from now on they have begun to resort to the rules of this new Turkish International Arbitration Law. This is a welcome improvement in the practice of Turkish law.

This short commentary deals only with the procedural legal aspects of foreign commercial contract disputes.

As a result, nowadays the number and size of the commercial disputes subjected, by the parties, to arbitration have risen significantly because of the increased use of arbitration under bilateral commercial treaties and under consortium and joint venture contracts with public bodies, authorities and individuals as well.

The main idea of this work is to offer to students and practitioners for their use the following subject-matters:

Part I

–        English version of Turkish International Arbitration Law numbered 4686, dated July 5, 2001,

–        International Arbitration Fee Tariff Regulation relative thereto,

–        The Fee Tariff for International Arbitration thereof.

Part II

–        UNCITRAL Conciliation Rules (1980),

–        UNCITRAL Arbitration Rules (1976),

–        UNCITRAL Model Law (1985) with amendments as adopted in 2006,

–        UNCITRAL Model Law on International Commercial Conciliation (2002).

Part III

–        ICC Arbitration Rules.

Part IV

–        Convention on the Recognition and Enforcement of Foreign Arbitral Awards concluded at New York on June 10, 1958,

–        Turkish Code concerning Private International Law and Civil Procedure numbered 5718 dated November 27, 2007 (Chapter II concerning Enforcement and Recognition of the Foreign Court Judgments and Foreign Arbitral Awards)

Ankara 2010,XXXII +346 pages.


ASSIGNMENT OF CREDITS ACCORDING TO THE CODE OF OBLIGATIONS (Enhanced, Revised and Updated Third Edition)

“Assignment of Credits According to the Code of Obligations “’s first edition was published for use of our respectable readers as a thesis of associate professorship sixteen years ago, on January 10, 1993. The enhanced, revised and updated second edition was published on July 1, 2000. Like the running waters on its own conduit, the time period passed never come back, Assignment of Credits has not only maintain its place as one of the law disciplines, but also has been basis on our decision making and on our field of view on doctrine and legal precedents that we consulted both inside and outside the country.
The third edition has been strongly requested by our dear readers since the second edition stocks had run out. In order to satisfy our readers’ need, we have realized this third edition, which is updated the changes of the codes and the precedents of Court of Cassation regarding Assignment of Credits until today and also to add jurisprudents of the Swiss Federal Court. As a result of these hard work and serious research, this third edition has been published.
We have witnessed, that even though it was known as the thesis were put on the shelves after being defensed, they were not very well consulted. We are highly dignified to present our third edition, which has overcome this situation.

We have to say our observation about Assignment of Credits that until the amendment of Reference Swiss Code of Obligations dated 1912, the provisions of Assignment of Credits did not changed in the Swiss Code of Obligations. The provisions of article 164-174 of Swiss Code of Obligations are translated into Turkish from French text and inserted to Turkish Code of Obligations between articles 162-174. Since then 1926, the Turkish Code of Obligations’ Assignment of Credits provisions are also not changed until today.
On the other hand, the provisions of Assignment of Credits in the Draft Bill of Turkish Code of Obligations have not been amended, but only the language has been changed according to new Turkish wordings. This demonstrates us that, the provisions of Assignment of Credits have a strong legal basis both in Swiss Law and Turkish Law also it implemented with the precedents of Court of Cassation and Jurisprudence of Swiss Federal Court, it revised, enhanced and updated. Ankara, 2008 LVIII + 390 pages.


CODE CONCERNING PRIVATE INTERNATIONAL LAW AND CIVIL PROCEDURE

As we have published this Code by translating it from Turkish into English and we have explained in the preface dated January 10, 2008, in Turkey the Code concerning Private International Law and Civil Procedure dated May 20, 1982 and numbered 2675 has come into force on 23.11.1982 following 6 months after its publication on Official Gazette as an important legal discipline. In a long time period, beginning from that date, it has become a necessity to fill the lack appeared in the implementation and remedy the existing defects. As to satisfy this kind of needs, the Code dated May 20, 1982 and numbered 2675 have been replaced with the new Code dated November 27, 2007 and numbered 5718.

In fact, in this situation, we can say that; new Code has arisen from the need felt in the private international law area. Since, it is expressly seen that Turkey is a country that receive immigrants and send out immigrants recently. Furthermore, the developments at tourism sector, the foreigner’s being enabled to possess any estate, encouraging the investments of the foreigners, Turkish construction business activities’ being expanded to abroad, in this context this sector’s being involved in tenders in important international projects concerning the works such as construction, service and transportation, Turkish and foreign enterprises’ being concluded consortium or joint venture agreements both in Turkey and in foreign countries, their being resort to arbitration for the settlement of the disputes arisen from theses commercial contracts, the arbitral awards’ rendered related to these being recognized and executed featured private international law and accelerate this area. Ankara 2008, XIX+181 pages.


DEFAULT OF THE CONTRACTOR AND THE PRINCIPAL REGARDING WORK CONTRACTS (Revised and updated fourth edition)

The first edition of this work was published on 18.03.1988, second edition was published on 23.04.1993 and the third one was published on 26.08.2003. As the third one has been out of print, the fourth edition has been prepared upon the demands.

Modern technology has also affected construction sector all over the world. Evolutions occurred and rapid structuring increased the importance based upon the defaults of the contractor and the principal regarding work contracts.

While looking at the satellites roaming around their specific orbits in the space, at the possible residential areas that are thought to be established at the bottom of the deep seas, at the new kind of contracts that has arisen in the software technology area, at the work contracts resulting immaterial consequences, though at the work contracts concerning an artist’s performing songs on the stage enrich this kind of contracts at this area.
The law system has difficulty in adapting itself on one hand, to the modern technology that the electronic platform presents to us; on the other hand, to the changes that we watch in an extraordinary speed. In addition to this, the defaults of the contractor and the principal are protecting its importance as one of the most popular way to demand the rights at the construction area.

In this respect, at this edition of this work, it has been given place to the settlement of the disputes arisen from the default that the Turkish constructors confront at the joint enterprises they establish as consortium or joint venture both in Turkey and in foreign countries. Moreover, the effects and the results of the compensation of the further damage exceeding the default interest and may be claimed in accordance with the provision of the 105th article of the Code of Obligations are examined under the effects of the new point of views. Furthermore, this edition had been overviewed again, it had been extended, it had been updated, the changes of regulations had been put into the concerned parts of this book and the latest settled and changed jurisprudence of the 15th Civil Chamber of Court of Cassation and General Assembly of Civil Court of Cassation had been placed into the concerned parts of the book.

Nowadays, especially in the construction sector, we are often witnessing that the arbitration is resorted in order to settle the disputes arisen from the work contracts. In this context, most of the countries encourage the implementation of the domestic and international arbitration rules placed in their own legal regulations. It is possible to apply UNCITRAL Rules of Conciliation and Arbitration or the rules of International Chamber of Commerce by inserting an arbitration clause with the joint agreement of the parties. Meanwhile, if the conditions exist ICSID rules may be applicable. Moreover, it is necessary not to forget the other alternative dispute resolution. These matters are also examined in this book. Ankara 2008, L+501 pages


CODE CONCERNING PRIVATE INTERNATIONAL LAW AND CIVIL PROCEDURE – Loi sur le droit international prive et procédure civile

As we have published this Code by translating it from Turkish into French and we have explained in the preface dated January 10, 2008, in Turkey the Code concerning Private International Law and Civil Procedure dated May 20, 1982 and numbered 2675 has come into force on 23.11.1982 following 6 months after its publication on Official Gazette as an important legal discipline. In a long time period, beginning from that date, it has become a necessity to fill the lack appeared in the implementation and remedy the existing defects. As to satisfy this kind of needs, the Code dated May 20, 1982 and numbered 2675 have been replaced with the new Code dated November 27, 2007 and numbered 5718.

In fact, in this situation, we can say that; new Code has arisen from the need felt in the private international law area. Since, it is expressly seen that Turkey is a country that receive immigrants and send out immigrants recently. Furthermore, the developments at tourism sector, the foreigner’s being enabled to possess any estate, encouraging the investments of the foreigners, Turkish construction business activities’ being expanded to abroad, in this context this sector’s being involved in tenders in important international projects concerning the works such as construction, service and transportation, Turkish and foreign enterprises’ being concluded consortium or joint venture agreements both in Turkey and in foreign countries, their being resort to arbitration for the settlement of the disputes arisen from theses commercial contracts, the arbitral awards’ rendered related to these being recognized and executed featured private international law and accelerate this area.

Pursuant to these facts, previously the French translation and now the English translation of the Code concerning Private International Law and Civil Procedure dated November 27, 2007 and numbered 5718 and of the International Arbitration Law dated July 05, 2001 and numbered 4686 realized by ourselves and in addition to this, the translation of the New York Convention concerning the Recognition and the Execution of Foreign Arbitral Awards dated June 10, 1958 from French and English original texts into Turkish realized by ourselves and the English original text of this convention, placed in our study.

Yet, these three codes are always seen as these legal disciplines complete each other. By placing the English translations of these within this work, it is aimed to satisfy the needs of the foreign or local businessmen working in this area. Ankara 2008, XIX+180 pages.


JOINT VENTURE AGREEMENT (3rD EdItIon) (In TurkIsh)

The first edition of this book published in 1989, was the doctorate thesis defended before a jury and approved with unanimity at the Institute of Social Science of the University of Ankara. The revised, updated and enhanced second edition has been published in 1999.

During the 8 years passed, we recorded important progress all over the world about the application of Joint Venture Contracts.

While the preparation of 3rd edition published in 2007, we examined carefully the progress in all over the world especially Republic of China, Russian Federation, India and Azerbaijan’s Laws. Furthermore, the direct foreign investments Law in Turkey and relevant applicable Rules as well, new companies’ taxes and the provisions.

Moreover, the Joint Venture Law in Russian Federation has been translated and annexed to this work for the use of Dear Readers.


CONCILIATION AND ARBITRATION UNDER THE UNCITRAL RULES

(2ND EdITIon)

The United Nations Commission on International Trade Law, which acts on the point that the world trade life should be brought to a more orderly position by ensuring the harmony and uniformity in International Trade, encourages the realization of new agreements in international trade, the adoption of codes, the realization of regulations concerning the trade usage and practices.
For this purpose, this commission has prepared certain rules in order to settle the disputes between the parties with different policies, social structures and cultures and such rules have been adopted at the General Meeting of United Nations.

Such rules are submitted as:
– Uncitral Arbitration Rules (1976)
– Uncitral Conciliation Rules (1980)
– Uncitral Model Law Rules (1985)
– Model Law on International Commercial Conciliation (2002)
to the benefit of ones wishing to apply them.

In this work, the original texts in English of these rules and the translations of these texts made by Prof. Dr. Kemal DAYINLARLI into Turkish are found.
Moreover, other than the comparative explanations on the above-mentioned original texts of English and French language and translation into Turkish as well of the convention on the Recognition and Enforcement of Foreign Arbitral awards concluded at New York on June 10,1958. In addition you will find in this second edition the List of Parties to Convention as of 18.11.2006.

Ankara 2007, XXIII + 383 pages.


LoI 4686 du 21.06.2001 concernant l’ArbItrage InternatIonal en TurquIe (IN FRENCH)

International Arbitration Law No. 4686 dated 21.06.2001 was published in official gazette dated July 5, 2001 and no. 24453 and entered into force on the same day. International Arbitration Law was translated from original Turkish version into English and French by Prof. Dr. Kemal DAYINLARLI and published in 2002. Since then, international arbitration law was started to be implemented in international arbitration practice particularly in Turkey. This book including the comprehensive annotations of International Arbitration Law is hereby presented to consideration of esteemed readers in French. It is doubtless that it will be a very helpful source both for practitioners and scholars in Turkey and in abroad as well. Texts of international conventions to which Turkey is a party concerning arbitration are also attached as the annexes of this book.

Ankara, 2006, XIII+282 pages.


PrIncIples of European Contract Law

The commercial globalization’s efforts continue to stress its own rules. However, one can not imagine an healthy and perpetual development which is not founded on the principles of the law. It is then necessary to exercise the commerce within the juridical regulations.

For in respect the activities the working groups started at Denmark in 1974 by the leadership of Prof. Ole LANDO have given its fruits after their intensive works which have continued many years, and the titles 1-9 and 10-17 of European Contract Law have been published on 2004. Indeed, these principles are also called as Lando Principles.

Implementation of these principles is not compulsory rules in the European Union countries. Nevertheless, they are applicable when the parties have subjected their contract to these principles or to the implementation of lex marcatoria or they benefit from these principles if they have not chosen any substantive law applicable to their contract or if the law they have chosen is not enough to the settlement of their dispute in question.

In order to obtain the unification and the reliability of the substantive rules applicable to the contracts, it is undeniable to understand the Principles of the European Contract Law for Turkey which is a candidate country for the European Union.

The way to get this aim passes from its translation in Turkish. In order to realize this objective starting of the French and English version of the Principles we have translated into Turkish; so we have given to our esteemed readers the occasion to do comparison between these versions. Regarding from this point of view we feel the satisfaction to submit this work to for the use of our Dear Readers.

Ankara 2005, XLV+289


DomestIc ArbItratIon Regulated In The TurkIsh Code of CIvIl Procedure (Art.516-536) (In turkIsh)

The first edition of our book regarding the domestic arbitration regulated in and between article 516-536 of the Turkish Code of Civil Procedure has been published in 1997 and covered a considerable necessity from point of view of its scope and nature as well, both in doctrine and practice. Although provisions of the Code of Civil Procedure dated 18.06.1927 as regards domestic arbitration have not been amended since its promulgation, comprehensive developments and changes in arbitration law realized upon the publication of International Arbitration Law No. 4686 dated 21.06.2001 and other laws adopted as per the European Union harmonization period. The second edition of our book not only deals with the systematical examination of the domestic arbitration provisions regulated in article 516-536 of the Code of Civil Procedure but also intended to ensure a wide point of view to esteemed readers by inserting the brand new decisions of the Court of Cassation concerning domestic arbitration. Moreover, in order to remove omissions, the difficulties and dilemmas being confronted by the Principals and lawyers during drafting of the arbitration clause to be inserted in the main Contracts, an arbitration clause as a sample has been added to our book therein.

Ankara 2004, XXIV+342 pages.


DomestIc ArbItratIon Regulated In the Code of CIvIl Procedure (Art. 516-536)

The first edition of our book regarding the domestic arbitration regulated in and between article 516-536 of the Turkish Code of Civil Procedure has been published in 1997 and covered a considerable necessity from point of view of its scope and nature as well, both in doctrine and practice. Although provisions of the Code of Civil Procedure dated 18.06.1927 as regards domestic arbitration have not been amended since its promulgation, comprehensive developments and changes in arbitration law realized upon the publication of International Arbitration Law No. 4686 dated 21.06.2001 and other laws adopted as per the European Union harmonization period. The second edition of our book not only deals with the systematical examination of the domestic arbitration provisions regulated in article 516-536 of the Code of Civil Procedure but also intended to ensure a wide point of view to esteemed readers by inserting the brand new decisions of the Court of Cassation concerning domestic arbitration. Moreover, in order to remove omissions, the difficulties and dilemmas being confronted by the Principals and lawyers during drafting of the arbitration clause to be inserted in the main Contracts, an arbitration clause as a sample has been added to our book therein.

Ankara 2004, XXIV+342 pages.


TURKISH – FRENCH DICTIONARY OF LEGAL TERMS (2ND EDITION)

In this second edition, the exact Turkish translations of 23.889 French legal terms are presented, where necessary, number of articles in which they are laid down are expressed as well.

Ankara 2004, 1044 pages.


French – TurkIsh DIctIonary of Legal Terms (3RD EDITION)

In the third edition of the work, the exact Turkish translations of 23.889 French legal terms are presented, where necessary, number of articles in which they are laid down are expressed as well.
Ankara 2004, 1280 pages


DEFAULT OF CONTRACTOR AND PRINCIPAL WITH RESPECT TO WORK CONTRACTS (ProvIsIons and Consequences) (3rd EdItIon)

(In TurkIsh)

Since the Construction Sector is the locomotive sector for the economics of the country, it bears a very considerable nature from the point of its economic measures. Thus, work contracts including construction contracts are required to be examined in detail not only for the aspect of economist but also for the aspect of law. As far as we think that most of the disputes are orginating from the default of contractor or principal in the work contracts, it is obvious that this work obtained a nature of reference book for the practitioners.

Since the decisions of ordinary courts, domestic and foreign arbitral awards regarding work contracts are examined and reviewed by the 15th Civil Chamber of the Court of Cassation in the appeal stage, in the revised and enhanced third edition, the texts of the State Tender Law No 4734 and State Tender Contracts Law No. 4735 together with brand-new amendments and new precedents of the Court of Cassation took place therein.

Extended, revised and updated third edition.

Ankara 2003, XLVI + 458 Pages.


UNIDROIT PrIncIples of InternatIonal CommercIal Contracts (Roma, 1994)

The UNIDROIT Principles which were drafted by a duly assigned governing council after a long and hard work, were accepted in 1994 at Rome. These principles present a bouquet of substantive law rules to be applied to the essence for settlement of disputes arising between parties. The UNIDROIT Principles have been translated from original English and French versions into Turkish by Prof. Dr. Kemal DAYINLARLI and presented to the disposal of readers.

Ankara, 2003, XXXII+162 pages


1.06.2001 TARİH VE 4686 SAYILI MİLLETLERARASI TAHKİM KANUNU

(Gözden geçirilmiş ve genişletilmiş)

(2. Baskı – 2002)

Milletlerarası Tahkim Kanunu’nun geçici birinci maddesinde kanunun yürürlüğe girmesini izleyen altı ay içerisinde çıkarılması öngörülen Milletlerarası Tahkim Ücret Tarifesi Yönetmeliği ile Milletlerarası Tahkim Ücret Tarifesi, Adalet Bakanlığınca hazırlanmış ve Yönetmelik 28 Aralık 2001 gün ve 24624 sayılı; Ücret Tarifesi ise 29 Aralık 2001 gün ve 24625 sayılı Resmi Gazetede yayımlanmıştır. Bu yönetmelik ve Ücret Tarifesi metinleri de tarafımızdan Fransızca ve İngilizce’ye çevrilerek bu çalışmamızda Sayın Okurların istifadesine sunulmuştur.

Ayrıca, Milletlerarası Tahkim Kanunu uyarınca verilen Yabancı Hakem kararlarının nihai aşamada tanıma ve tenfizine konu teşkil ettiği bilinen bir gerçektir. Bu nedenle, bu safhada Yabancı Hakem Kararlarının Tanınması ve Tenfizi dair 10 Haziran 1958 New York Anlaşması devreye gireceği için bu Anlaşmanın Fransızca ve İngilizce orijinal metinleri tarafımızdan yapılan Türkçe çevirisi ile birlikte bu çalışmamızda yer almıştır.

Günümüz dünyasında 1958 New York Anlaşmasına katılan ve/veya onu onaylayan devletlerin sayısı 130’un üzerindedir. Bu devletlerin listesi Sayın Okurlarımız için ekte bir çizelge halinde gösterilmiştir.

21/06/2001 tarih ve 4686 sayılı Milletlerarası Tahkim Kanunu 5 Temmuz 2001 gün ve 24453 sayılı Resmi Gazetede yayımlanmış ve bu kanunun 18. maddesi hükmü uyarınca aynı gün yürürlüğe girmiştir. Böylece, 29/10/1923 yılında Cumhuriyetin kuruluşundan bu yana ilk kez, ülkemiz bir Milletlerarası Tahkim Kanununa kavuşmuştur.

Ankara, 2002 XXVI+141 sayfa.


INTERNATIONAL ARBITRATION LAW number 4686 dated 21.06.2001

In this work, the text of the International Arbitration Law has been translated by Prof. Dr. Kemal DAYINLARLI into French and English and therefore, code text of three languages has been presented at the disposal of our Esteemed Readers.

Ankara 2001, XXV+85 pages.


CODE CONCERNING PRIVATE INTERNATIONAL AND PROCEDURAL LAW

This Code has a very broad scope domain. Because, this Code is implemented at he below fields:
The law to be applied to the acts and relations regarding private law containing foreign elements,
-International jurisdiction of Turkish courts,
-The recognition and execution of foreign awards.
-In this work, the text of the Code Concerning Private International and Procedural Law has been translated into French and English and therefore, code text in three languages has been submitted to the benefit of esteemed readers.

Ankara 2001, XIV+66 pages.


TRANSLATIONS INTO TURKISH OF 74 JURISPRUDENCES OF THE SWISS FEDERAL COURT (In TurkIsh)

In this work, the translations from French origin into Turkish of the jurisprudences rendered by the Swiss Federal Court with respect to the various law subdivisions and published in the Journal of Court of Cassation and the Journal of Justice between the years 1981 and 2000 are found.

Ankara 2001, XXIV+385 pagess


TURKISH DOMESTIC ARBITRATION REGARDING THE WORK CONTRACT

In this work, the voluntary arbitration, which is regulated between articles 516 and 536 of the Code of Civil Procedure in Turkey, is explained in English. For the foreign lawyers have many times expressed that they do not have much information with respect to the domestic arbitration rules applied in Turkey, that therefore they hesitate in accepting the Turkish Arbitration Rules for the settlement of disputes with respect to the work and labor contracts. At the end of this work, which also touches on the Jurisprudences of the Court of Cassation concerning the application of Turkish Arbitration Rules, articles 516-536 of the Code of Civil Procedure are submitted at the annexes section with the translation by Prof. Dr. Kemal DAYINLARLI from Turkish into English (Annex-I). In addition thereto, the Turkish text of articles 516-536 of the Code of Civil Procedure is attached (Annex-II). Moreover, “Swiss Inter-cantonal Agreement Concerning Arbitration” is translated by Prof. Dr. Kemal DAYINLARLI from its French origin into Turkish and is submitted to the disposal of readers as Annex-III.

Ankara 2001, XX+119 pages.


AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF TURKEY AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENT OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME

The Agreement For the Avoidance of Double Taxation was signed on March 26, 1996 between the Government of Republic of Turkey and the Government of the United States of America. At the same date, the Protocol, which is an inseparable part of this Agreement, was published in the Official Gazette dated December 31, 1997 and law number 23217.

The official texts in English and in Turkish of this Agreement are found in this work. In addition thereto, a list indicating the dates of signing, dates and numbers of publication in the Official Gazette, and the dates of entry into effect of the agreements concluded in this respect between the Government of the Republic of Turkey and the governments of other States is added at the end of these official texts.

Ankara 2000, VI + 109 pages.


ASSIGNMENT OF CLAIMS ACCORDING TO THE CODE OF OBLIGATIONS (2nd EdItIon) (In turkIsh)

In this work, a simple way of describing is exhibited, domestic and foreign scientific sources are searched, the relevant decisions of the Swiss Federal Court and the Court of Cassation are searched minutely and these decisions are used in the work to a necessary extent. When examined, it is remarked at once that it is the first work in our country at a level of monographic work and detailed this much. The stock of first edition (Ankara 1993, XLVII + 263 pages) of the work is exhausted.

Ankara 2000, LI +322 pagess.


CONCILIATION AND ARBITRATION UNDER THE UNCITRAL RULES

(1ST EDITION)

The United Nations Commission on International Trade Law, which acts on the point that the world trade life should be brought to a more orderly position by ensuring the harmony and uniformity in International Trade, encourages the realization of new agreements in international trade, the adoption of codes, the realization of regulations concerning the trade usage and practices.
For this purpose, this commission has prepared certain rules in order to settle the disputes between the parties with different policies, social structures and cultures and such rules have been adopted at the General Meeting of United Nations.

Such rules are submitted as
– Uncitral Arbitration Rules (1976)
– Uncitral Conciliation Rules (1980)
– Uncitral Model Law Rules (1985)
to the benefit of ones wishing to apply them.

In this work, the original texts in English of these rules and the translations of these texts made by Prof. Dr. Kemal DAYINLARLI into Turkish are found.
Moreover, other than the comparative explanations on the above-mentioned texts, the names, addresses, telephone and fax numbers of the institutions all around the world operating with respect to international arbitration are presented to the attention of the esteemed readers.

Ankara 2000, XIX + 252 pages.


JOINT VENTURE AGREEMENT (2nd EdItIon) (In TurkIsh)

The first edition of this work, which was presented and accepted with the degree of honor before the jury as PhD thesis in 1989 at the Law Faculty of Ankara University, was published in 1989. This work, the stock of which was out of print within short period of time, is revised, extended and updated by taking into account also the developments experienced all around the world at the joint venture field within 10 years past in between and the updating realized in this respect in our legislation and is submitted to the service of the esteemed readers in 1999.

Ankara 1999, LII + 331 pages.


CONSULTANT ENGINEERING AGREEMENT AT THE CONSTRUCTION SECTOR (IN TURKISH)

In this work, the matters such as preparation of design, program and planning, feasibility and specifications which come completely or partially under the scope of consultant engineering contract, the preparation of preliminary project, practice projects, contract and its annexes, the conclusion of contract, supervision at the performance stage, temporary and final acceptances of the works, taking into operation of the installation, the education of principal’s personnel at the operation stage, the making out of final accounts, the settlement of dispute through conciliation, arbitration or State Courts, the termination of contract are examined under our present legislation and the conclusions reached are submitted to the Esteemed readers.

Ankara 1998, XLIV + 318 pages.


French – TurkIsh DICTIONARY OF LEGAL TERMS (2nd edITIon)

In the second edition of the work, the scientific translations with Turkish explanations in various law subdivisions of 22.433 French legal terms have been given in.

Ankara 1997, 1120 pages


AGREEMENT BETWEEN THE GOVERNMENT OF REPUBLIC OF TURKEY AND THE GOVERNMENT OF FRENCH REPUBLIC FOR THE AVOIDANCE OF DOUBLE TAXATION WITH RESPECT TO TAXES ON INCOME

In this work, the French and Turkish texts of the Agreement for the Avoidance of Double Taxation with Respect to Taxes on Income, which was signed on February 18, 1987 between the Government of Republic of Turkey and the Government of French Republic and which was published in the Official Gazette dated April 10, 1989 and numbered 20135, take place.

Moreover, a list is given indicating the dates of signing and entry into effect of the agreements signed between the Government of Republic of Turkey and the governments of other countries on this issue..

Ankara 1997, VIII + 108 pages.


DOMESTIC ARBITRATION REGULATED UNDER THE CODE OF CIVIL PROCEDURE (In TurkIsh)

This work is elaborated by Prof. Dr. Kemal DAYINLARLI with the opportunity of Domestic Arbitration courses he has given in the years 1995-1996 and 1996-1997 under the certificate programs for the lawyers and engineers in the Research Institute of Banking and Commercial Law in Ankara. It examines in details the voluntary arbitration procedure applied now in Turkey pursuant to the arbitration provisions regulated between articles 516 and 536 of the Code of Civil Procedure and the domestic arbitration is explained under the light of the relevant Decisions of the Court of Cassation. At the end of the work, the decisions of the General Assembly of Civil Chambers and Chambers of the Court of Cassation and the translations of domestic arbitration provisions, which are applied in Switzerland and France, made by Prof. Dr. Kemal DAYINLARLI from the French origin into Turkish take place.

Ankara 1997, XXII + 334 pages.


LOI No 2675 SUR LE DROIT INTERNATIONAL PRIVE ET LA PROCEDURE CIVILE

(1995)

22 Mayıs 1982 tarih ve 2675 sayılı «Milletlerarası Özel Hukuk ve Usul Hukuku» kanun metninin Doç. Dr. Kemal DAYINLARLI tarafından Türkçe aslından Fransızca’ya yapılan çevirisini içer­mektedir.

Eserin birinci baskısı (Ankara 1995, IV+60 sayfa) nın mevcudu kalmamıştır.


NATIONAL AND INTERNATIONAL PUBLIC POLICY AND ITS EFFECTS ON ARBITRATION (In TurkIsh)

In this work, national and international public policy is explained and its effects on arbitration are examined in details. In order to ensure the achievement of the book to its goal towards practice, attachments concerning the subject are added.

Ankara 1994, XXVI + 342 pages.


İSTİSNA AKDİNDE MÜTEAHHİDİN VE İŞ SAHİBİNİN TEMERRÜDÜ

(2. Baskı – 1993)

İlk baskısı 1988 yılında yayınlanan eserimizin büyük ilgi görmesi üzerine 1993 yılında yayınlanan genişletilmiş, gözden geçirilmişi, güncelleştirilmiş ve yeni tarihli Yargıtay kararları eklenmiş ikinci baskısının da mevcudu tamamen tükenmiştir.

Ankara 1993, XXXII + 263 sayfa.


BORÇLAR KANUNUNA GÖRE ALACAĞIN TEMLİKİ

(1993)

Doçentlik tezi olarak sunulan ve jüri tarafından kabul edilen bu eser bir giriş, beş bölüm ve bir özetten oluşmaktadır.

Giriş bölümünde, alacağın temliki kurumunun ekonomik önemi vurgulandıktan sonra, birinci bölümde alacağın temliki hakkında genel bilgi verilmekte, alacağın temlikinin konusu, tarafları, tâbi olduğu şekil, hukukî niteliği, şartları, çeşitleri, temlik vaadi ve temlik edilemeyen alacaklar üzerinde durulmaktadır.

İkinci bölümde, borçlunun temlik edene karşı hukukî durumu, ileri sürebileceği def’iler, temlikin borçluya bildirilmesi konusu incelenmektedir.

Üçüncü bölümde ise, alacağın temlikinin tekeffül (garanti) sorunu, özellikle alacağın mevcudiyeti ile borçlunun ödeme gücünün garanti edilmesi ele alınmıştır.

Dördüncü bölümde, alacağın temlikinin fer’î haklar üzerindeki etkisi,

Beşinci bölümde ise, alacağın temlikinin hüküm ve sonuçları incelenmiştir. Özet kısmında ise, bu araştırma ve incelemelerin kısa bir değerlendirmesi yapılmıştır.

Ankara 1993, XLVII+263 sayfa.


JURISPRUDENCES OF FEDERAL COURT CONCERNING THE GENERAL SECTION OF CODE OF OBLIGATIONS (2ND EDITION) (IN TURKISH)

The second edition of the work, first edition of which has been published in 1985 as the 18th publication of the Court of Cassation, is published in 1990 as the translation from Prof. Dr. Karl OFTINGER and Prof. Dr. Raymond JEANPRETRE.

Ankara 1990, XXIV+430 pages


JOINT-VENTURE SÖZLEŞMESİ

(1989)

Ankara Üniversitesi Hukuk Fakültesinde 1989 yılında doktora tezi olarak jüri önünde savunulmuştur ve pekiyi dereceyle kabul edilmiştir.

Ankara 1989, XLI+ 255 sayfa.


İSTİSNA AKDİNDE MÜTEAHHİDİN VE İŞ SAHİBİNİN TEMERRÜDÜ

(HÜKÜM VE SONUÇLARI)

(1988)

İstisna akdi (eser sözleşmesi) günlük hayatımızda iç içe yaşa­dığımız akit türü olup, kapsamı ve türleri büyük çapta genişleme ve yayılma eğilimi göstermektedir. Bu durum sadece ülkemiz hukukunda değil, mehaz İsviçre Borçlar Hukuku ile diğer hukuklar için de geçerlidir. Bu eserde iş sahibi, müteahhit, eser ve bu eser için iş sahibinin müteahhide ödediği ücret kavramları ayrıntılı olarak işlenmiştir. Müteahhidin eseri imal veya inşa ile teslimdeki gecikmeden doğan temerrüdü hali ile iş sahibinin ücret ödemedeki veya eseri teslim almadaki temerrüdü halleri ve bunun sonuçları en son Yargıtay Kararlarının ışığı altında bilimsel olarak ortaya konmuştur. Ayrıca uygulayıcılara kolaylık olması için 29.8.1984 gün ve 84/8520 sayılı Kararname ile çıkarılan Bayındırlık İşleri Genel Şartnamesi kitabın sonuna eklenmiştir.

Eserin birinci baskısı (Ankara 1988, XXIII+ 166 sayfa).


DECISIONS OF THE COURT OF CASSATION IN TURKISH LAW REGARDING THE NON-PERFORMANCE OF WORK AND LABOUR CONTRACT

(In French)

This work is the French text of “Decisions of the Court of Cassation Regarding the Non-performance of Work and Labour Contract”.

Ankara 1987, XIV + 178 pages.


GROUNDS FOR REVERSAL OF ARBITRAL AWARDS IN TURKISH LAW

(In French)

In this work, the grounds for reversing arbitral awards in Turkish law are examined under the provisions of articles 516 – 536 of the Code of Civil Procedure and striking examples are given from the Decisions of the Court of Cassation concerning the subject. (The Turkish version of this work is published in “Miscellaneous for Ord. Ernst HIRSCH” at pages 771 – 812.)

Ankara 1986, XI + 66 pages.


DECISIONS OF THE COURT OF CASSATION REGARDING THE NON-PERFORMANCE OF WORK AND LABOUR CONTRACT (In TurkIsh)

The work purports to settle the disputes, which are encountered with respect to the work and labour contracts, with a permanent, sound and equitable solution. To reach this goal, the necessary explanations take place as well as the decisions of the 15th Civil Chamber, the General Assembly of the Court of Cassation and the Jurisprudences of the Court of Cassation. Moreover, work and labour contract is examined in full details, domestic and foreign scientific opinions are provided and a systematic work is created by taking striking examples from the decisions of the Federal Court.

Ankara 1986, XV + 137 pages.


THE CODE OF OBLIGATIONS (THE STATE ON SEPTEMBER 5, 1985)

(In TurkIsh)

This work comprises the perfect text of the Code of Obligations numbered 818 published in the Official Gazette dated May 8, 1926 and the amendments made in the Code of Obligations until September 5, 1985 and indicates the abolished provisions.

Ankara 1985, XIV + 140 pages.


BORÇLAR KANUNUNUN GENEL KISMINA İLİŞKİN FEDERAL MAHKEME İÇTİHATLARI

(1985)

Prof. Dr. Karl OFTINGER’den çeviri. Eserde Borçlar Kanununun Genel Kısmında yer alan hukukî müesseselerin her biri hakkında kısa bir giriş yapıldıktan sonra, Federal Mahkemenin içtihatlarına konu teşkil eden davalar ele alınmakta, bunlara ilişkin olaylar kısaca anlatıldıktan sonra, Federal Mahkemenin bu olaylara bakış açısı gösterilmekte ve bunu takiben, Federal Mahkemenin konuya ilişkin gerekçesi açıklanmak suretiyle ilgili içtihat oluşturulmaktadır. Eserin ilk baskısı Yargıtay’ın 18. yayını olarak basılmıştır.

Ankara 1985, XXIII+383 sayfa.


EXECUTION OF FOREIGN ARBITRAL AWARDS IN TURKEY ACCORDING TO THE CODE NO 2675

In this work, the foreign arbitral awards and their execution, the competent courts for the execution of such an award, the form and procedure of application, conditions of execution and grounds for rejection of execution request, section of notification and objection, the decision to be given by the court upon the request for execution and the legal means to be applied against this decision are examined within a plan and submitted to the disposal of the readers.

Separate edition from the II. Arbitration Week organized by the Research Institute of Banking and Commercial Law at the dates of November 25-26, 1983. It is published in French and in Turkish.

Ankara 1984, 70 pages.


TurkIsh – French DICTIONARY OF LEGAL TERMS (1st edITIon)

In this work, the exact scientific translations used in French and Swiss laws of 20.653 Turkish legal terms are found.

Ankara 1984, XVI + 624 pages.


French – TurkIsh DICTIONARY OF LEGAL TERMS (1st edItIon)

In the first edition of the work, the scientific translations with Turkish explanations in various law subdivisions of 12.742 French legal terms have been given in.


English