Persons, deprived of associating themselves to companies by law in Turkish Law

ABSTRACT PERSONS, DEPRIVED OF ASSOCIATING THEMSELVES TO COMPANIES BY LAW IN TURKISH LAW According to thi article 48 of the Turkish Republic constitution, everyone has the right to work in the field he/she desires, and to establish private enterprises. In the article 13 of the Constitution, it is stated that this freedom may be limited to laws in conformity with the essence and spirit of the Constitution. Backed by this article, especially in the commercial world, the freedom of some persons is limited with the aims of preserving competition and avoiding unfair competition, securing that public services are rendered properly and that employees fulfil their loyalty obligations to their companies and carry out their duties with impartiality. In Turkish Law, within the content of this limitation, some persons are deprived of associating themselves to a company completely, and sometimes only certain companies are prohibited from being associated. The prohibition of becoming associated has been introduced with laws and regulations, the Turkish Commercial Law to be the foremost. However it has been arrenged under different titles in a scattered form, open to interpretation. In this study, only the prohibition of becoming associated that is regulated in the laws has been examined, and prohibitions introduced with the regulations, although not found in the concerned, has been left out of scrutiny. After having determined the character of the prohibition of becoming associated, it's content and sactions are examined from the point of view of persons subject to the prohibition. m