A number of fundamental changes were made in the Law No. 5651 on "Regulating Broadcasts Made on the Internet and Combating Crimes Committed Through These Broadcasts (Legislation)", came into force on 22/05/2007, with the Law No. 7352 on "Regulating Publications on the Internet and Combating Crimes Committed Through These Publications" (Amendment), which was published in the Official Gazette on July 31, 2020, which is called the Social Media Law in the press.
International Court of Arbitration of the International Chamber of Commerce (‘’the ICC’’) set forwards its approach for the Alternative Dispute Resolution with new updated arbitration rules. The 2021 Rules were launched on 1st of December 2020, and will become effective and apply to cases that is filled from 1st of January 2021. Cases submitted to the ICC and registered before 1st of January 2021 will be ruled by 2017 ICC Rules, unless the parties stated otherwise. The new alterations intended to make a further efficiency, flexibility and transparency into the arbitral practices whilst anticipating the demands of both the arbitration community and arbitral tribunals.
On 28 June 2020 issue of official gazette Turkey Payment and Electronic Money Association Statute is published and with that Turkey Payment and Electronic Money Association is formed. Pursuant to Article 7 of this statute, “All payment and electronic money institutions are obliged to become a member of the association within one month after obtaining an operating license. Organizations that do not fulfill this obligation by the association shall be notified to the Central Bank of the Republic of Turkey."
The articles of the Turkish Code of Obligations No.6098 (‘’TCO’’) had been postponed for workplaces lease agreements. It will be entering into force on July 1,2020 for office leases. The articles of the TCO will come into effect if not postponed again. This is known to cause considerable effects to the ongoing office lease agreements.
In order to prevent the spread of the COVID-19 epidemic, the Republic of Turkey’s Ministry of Commerce has taken some measures on how companies should organize their board meetings. Within the scope of these measures, the ordinary general meetings of joint stock and limited companies, which were previously invited to the meeting in accordance with the Turkish Commercial Code numbered 6102 (“TCC”) and the company agreement, were cancelled with a decision to be taken by the governing bodies, without waiting for the general meeting to be held.
The COVID-19 pandemic is showing the effects all over the world and as for Turkey, has taken immense measures to prevent the spread of COVID-19. Various government bodies issued decrees to prevent the spread of COVID-19. As we mentioned in our previous articles, The Republic of Turkey and the Ministry of Internal Affairs decided to temporarily close workplaces. This process, which started with an additional circular sent to all governorates on March 15, 2020, has already halted the activities of more than 200,000 businesses. In addition, on 22.03.2020, it was decided to stop all enforcement and bankruptcy proceedings with the Presidency Decision No. 2279. Later on, with the Provisional Article 2 of the Law No. 7226 which dated on 26.03.2020, it was concluded that the rental fees that were not paid between 1.3.2020-30.6.2020 will not constitute the reason for the termination of the lease contracts and evacuation of the workplaces. Problems have arisen as to whether the measures introduced in terms of lease contracts will be paid in respect of rental fees. In this article an assessment will be made on this issue.
As the coronavirus outbreak is increasing rapidly by day, more uncertainty and difficulty for enterprises and businesses are born particularly in regard to the performance of contractual obligations. Herewith, more and more businesses and organisations are now inevitably looking at their contracts to see what impact the coronavirus outbreak will have and how they can mitigate and navigate the challenges brought by the pandemic. Ultimately, businesses worldwide are considering whether they can or should rely on the force majeure clause, if there is one in the relevant contract, or the common law doctrine of frustration as legal mechanisms to manage the impact of the crisis on their business and see what possible remedies might be available at the end.
On March 23, 2020, The Union of Turkish Bar Association submitted a letter to the Ministry of Justice to address problems accruing in the judiciary due to the COVID-19 pandemic. Following this call, the deadlines for proceedings were temporarily suspended due to the COVID-19 pandemic by the judgment adopted on 25 March 2020. A number of regulations have been made to prevent the loss of rights in the judiciary.