THE PROBLEM OF REGISTRATION AND PUBLICATION EFFECTS IN COMMERCIAL REGISTER

Registration and publication in commercial register are influencing factors to all parties concerned and third parties. Registration has varies effects on third parties which is composing basic function of commercial register. These effects are; constitutive effect of registration, positive effect of registration, negative effect of registration, proof effect of registration, disclosure (declarative) effect of registration, restorative effect of registration. Commercial register creates effect of publication on third parties because of public function of commercial register providing confidence to third parties. Examinating effects of publication on third parties influences liability law. Effects of publications are; positive effect of publication, negative effect of publication, trust to appearance principle. In this article, effects of registration and publication has been examined with doctrine, foreign law and legislation. Titles and content have been composed with predicated effect of proof upon; with Swiss, German law and registration law appropriately.