Limited Şirketin Haklı Sebeple Feshi Davalarında, Geçici Hukuki Korumalar ile Çıkarma Kararlarının Uygulanmasına Dair Güncel Sorunlar ve İlgili Yargıtay Kararları

Anahtar Kelimeler: Limited Şirket, Haklı Sebep, Fesih Davası, Ayrılma Akçesi Geçici Hukuki Korum

ABSTRACT…

On The Winding up Law Suits Limited Liability Companies for Just and Equitable Grounds, Interim Juridical Protection and the Current Matters with in the Implementation of Expulsion Decision and Concerned Judtment of Court of Cassation…

On the limited liability companies any partner of company, can file suit court for an order to wind up the company on just and equitable grounds. Although there are just and equitable grounds, court can order dismissal of the plaintiff partner or some other remedies, as an alternative to winding up, if there is a thought that existence of company is available and appropriate in economic and rational sense.The purpose of this article, is to examine in particular the changes brought by the New Turkish Commercial Code and is to address the legal issues likely to arise in relation to these. In sectıon 636/3 of Turkish Commercial Code , the judge is allowed to choose other alternatives to solve the problem in the company, including the discharge of the shareholder who sues the company. In every phase of the research, different views were given based on current works and case studies and also our own views were mentioned.…

Keywords: Limited Liability Company, Just And Equitable Grounds, Action For Termination, Withdrawal Fund, Interim Juridical Protection…