III. IMPACT OF ARTICLE 9 OF THE DIRECTIVE ON TURKISH COMPANY LAW
As discussed in the previous paragraphs, Article 9 of the Directive is concerned…
The implementation and the impact of Article 9 of the Directive on English Company…
The amendments required in Turkish law with regard to the ultra vires and constructive…
As far as Turkish Company Law is concerned it is very likely that the requirements…
Article 9 of the Directive envisages the validity of the acts and transactions carried…
The capacity of the companies is regulated by Article 137 of T. Comm C. which reads…
"Since commercial companies bear a legal personality they may acquire all the rights…
If the doctrine of ultra vires is to be abolished effectively to comply with the…
The limitation laid out by Art. 137 T. Comm. C. is the objects clause of the constitutive…
However the opinions of the academics diverge on this point as to where to draw the…
According to Professor Kuntalp the…
On the effect of ultra vires acts and transactions Professor Kuntalp suggests…
Professor Türk , on the other…
As to the consequence of an ultra vires act Professor Türk states an ultra vires act may be considered as null an void ab initio rather…
Associate Professor İnan also discusses the same issue from a different point of view. According to Ass. Professor İnan since…
As could be realized from the arquments above the opinions of the lawyers diverge…
As far as the compliance with the requirements of Article 9 of the Directive is concerned…
In the second sentence of the Article Member States are given the option to operate…
The reason for the modification is that the burden of proof is reversed in the Directive…
If the theory of ultra vires is not to be abolished effectively then the necessary…
Since U.K, as being the country of origin of the doctrine, has abandoned the theory…
It has to be remarked that the motivation in the amendments to be made is not only…
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