KARASU, Rauf Kırıkkale Üniversitesi - Hukuk Fakültesi - Ticaret Hukuku Anabilim Dalı, Turkey

6102 SAYILI TÜRK TİCARET KANUNU’NA GÖRE ANONİM SİRKETLERDE EMREDİCİ HÜKÜMLER İLKESİ

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Section 340 of the Turkish Commercial Code 6102 is one of the most important innovative sections of the TCC which contains “mandatory provisions principle”. The section provides that “the articles of association may be diffreented form the Act’s provisions on Public Limited Company, provided that the Act itself provides so. Other Acts’complementary provisions with regard to articles of associations of the Public Limited Company may only have effect with regard to the other Acts provisions. According to the former TCC 6762, as a rule, all activities which have not been forbidden by the law, may be stated in the articles of assiciation. Since the later provision is considered to be a mandatory one, it may be said that that the new TCC allows mandatory provisions principle, not freedom of contract.

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Mandatory Provisions Principle , Mandatory Provisions , Articles of Association , Freedom of Contract

Hukuk Araştırmaları Dergisi

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