Master'sOpen Access

The partner's departure and dismissal in limited companies with just causes in light of the rullings of the Supreme Court

2019
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Advisor: Dr. Öğr. Üyesi Hülya Göktepe

Abstract (EN)

Limited companies are the most common type of company in Turkey in terms of the partnership structure with the Turkish Commercial Code, and the convenience of establishment and termination. One of the most important reasons why limited companies are preferred is that these companies are easy to liquidate or leave the partnership. The manner in which the partnership relationship will terminate in companies is clearly indicated in the Law. In addition to this, it is observed that some top-concepts that can be adapted to various situations in life are also preferred although they are not shown as a direct reason in the Law. One of these reasons is the concept of the "just cause". Legislator has accepted the procedures for removal in case the shareholders has the just cause to leave the limited company or in case the company has the just cause to dismiss a shareholder. However, the concept of good cause is not defined in the Turkish Commercial Code. It gave various examples and definitions of the doctrine and judicial decisions about what good causes are and their consequences. The main purpose of our study is to define the concept of just cause whose application is left to the doctrine and judicial decisions, and to examine which situations may be the subject of a case of removal with just cause. Keywords: Limited company, just cause, withdraw from a partnership, dismissal from the partnership

Author

Dr. Nihan Bostan Önal

How to Cite

Nihan Bostan Önal (Master Thesis). The partner's departure and dismissal in limited companies with just causes in light of the rullings of the Supreme Court, 2019, Anadolu University.

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