KALE, Serdar Marmara Üniversitesi - Hukuk Fakültesi - Medeni Usul ve İcra İflas Hukuku Anabilim Dalı, Turkey

SIRKETLERIN TARAF EHLIYETI

20659

Jurisdictional party capacity is the capacity of being subject of the jurisdiction and under Turkish law, it is stipulated by a referral to material law like almost in every other legal system. The Code of Civil Procedure (CCP) art. 50 sets forth that having the capacity to acquire rights, one shall also the jurisdictional capacity. As is known, the legal and the real persons have the capacity to acquire rights. In this article, the jurisdictional party capacity of the companies is analyzed in compliance with the Turkish Commercial Code (TCC) No. 6102. In this respect, when compared to the TCC NO. 6762, the most important change brought by the TCC No. 6102 is the abolition “ultra vires” principle which restricts the capacity of the companies with the field of activity of the companies. Despite the abolition of ultra vires principle, the reflections of the principle can still be observed in the articles stipulation the representation of the companies.

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Ultra vires , jurisdictional party capacity , capacity , companies , representation authority.

Hukuk Araştırmaları Dergisi

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