%0 Journal Article
%T An Evaluation on Whether Required Taking The Decision of The General Assembly to Open A Case of Liability £¿n Joint Stock Companies
%A Sevda Bora £¿£¿nar
%J -
%D 2019
%X Abstract The Former Turkish Commercial Code No. 6762 (FTCC) required a general assembly resolution to file a lawsuit against the members of the board of directors. If the decision of the general assembly was not taken, this was considered as a deficiency in the procedural prerequisities by the Supreme Court. For this reason, the Supreme Court, evaluating that this deficiency can be completed, postponed the case until the decision was taken. Turkish Commercial Code No. 6102 (TCC) has not explicitly regulated the necessity of taking the decision by the general assembly to file a lawsuit against the members of the board of directors. However, in the TCC Article 479/3-c, it is stated that shareholders¡¯ voting rights are not valid in the decisions of the general assembly regarding the release and liability case. This provision lays down a decision of the General Assembly regarding the opening of a liability case, which has caused serious controversy in the doctrine. In the doctrine, there are opinions suggesting that the implementation of the FTCC continues in the same way. There are also opinions suggesting that the provision of 479/3-c has been forgotten and left in the law. The Supreme Court adopted the first opinion put forward in the doctrine by continuing its former practice. However, making a case not explicitly regulated by law as a procedural prerequisities in such a way, violates the company¡¯s freedom of claim, even temporarily. Moreover, it should not be overlooked that this practice formed through interpretation could lead to a violation of the right to legal remedies regulated by European Convention of Human Rights (ECHR) article 6
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%K genel kurul karar£¿
%K dava £¿art£¿
%K sorumluluk davas£¿
%U http://dergipark.org.tr/tarr/issue/47795/493642