Author/Authors :
ALISKAN, Murat Marmara Üniversitesi - Hukuk Fakültesi - Ticaret Hukuku Anabilim Dalı, Turkey
Title Of Article :
ISLETME KONUSU VE 6102 SAYILI TÜRK TICARET KANUNUNA GÖRE TICARET SIRKETLERININ EHLIYETIVE TEMSIL
Abstract :
(New)Turish Commercial Code (TCC) numbered 6102 has abandonned the rule of ultra vires (which limites the capacity of the companies wtih their field of activity, considering the current critcs and in compliance with the 1st Company Law Directive numbered 68/151/EEC dated March 9, 1968 (TCC numberd 6102 art. 125/no.2) However, the effect of the field of activity over the representation power via third parties continues(art. 233, art. 271). Accordingly the discussions will go on with regards to the claims as “the company shall not be bound by the transactions due to lack of authority”. In our point of view, it would be more appropriate to accept the effect on representation power via third parties in ortder to maintain transaction and market security.
NaturalLanguageKeyword :
Ultra vires , capacity , objects of company , protection of third parties , ultra vires of directors , directors’ authority.
JournalTitle :
Hukuk Araştırmaları Dergisi
