çakir, hüseyin melih marmara üniversitesi - hukuk fakültesi - idare hukuku anabilim dalı, Turkey

2547 Sayılı Kanun’un 35’inci Maddesi Kapsamında Alınan Taahhüt ve Kefalet Senetleri Üzerine Bir İnceleme

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Pursuant to article 35 of the Law on Higher Education (No. 2547) research assistants can be transferred to a better developed university for post-graduate education. In this regard, emerging universities are able to develop the academic staff they are in need of. Prior to such transfer, research assistants sign an undertaking and surety. These instruments aim to provide an assurance of the research assistant’s obligation of mandatory service applied as a result of their being appointed. In line with this purpose, the undertaking includes conditions that could be deemed harsh, and in the event of breach the research assistant faces the heavy liabilities regulated. This study focuses on the legal nature of the undertaking which is a prerequisite of transferring research assistants to another university; in this respect, the legitimacy of requesting an undertaking, the probability of disputes arising from the undertaking and the competent jurisdiction for the settlement of disputes was examined.

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Research Assistant , Law on Higher Education , Mandatory Service , University , Council of Higher Education , article 35.

Hukuk Araştırmaları Dergisi

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