Limited şirketlerde ortakların hak ve borçları

Abstract

Teknolojinin gelismesiyle birlikte ulkemizdeki ve yurtdisindaki tacirler arasinda ticaret artmis gelisen ticaret hayatina uyumsaglanmasi icin 6762 sayili Turk Ticaret Kanununda guncelleme yapilmasi zorunlu hale gelmistir. calismamiz Turk Ticaret Hukukununana ticari sirket turlerinden biri olan limited sirketlerin gunumuzdeki yapisi ve sirket ortaklarinin hak ve borclarinin aciklanmasi amaciyla hazirlanmistir. 6102 sayili Turk Ticaret Kanunu goz onune alinip yururlukteki hukuk ile karsilastirmalar yapilarakdoktrin ve Yargitay kararlari esliginde ortaklarin sirket icindeki durumu ile haklari veborclari detayli olarak incelenmistir.

As the technology improved, the trade between the domestic and foreign tradesmen had increased, and in order to comply with the continuously trade life it had became necessary to update the Turkish Trade Code no. 6762. This work had been conducted with the purpose to explain the current structure of the limited companies, which is one of the main company types within the framework of Turkish Trade Code, and the rights and liabilities of the partners of such companies. Comparisons had been made with the legislation in force by considering the Turkish Trade Code no. 6762; and with reference to the doctrine and the Supreme Court?s Decisions the situation of the partners within the Company and their rights and liabilities had been examined in detail.Accordingly it had been seen that limited companies are one of the most preferred partnership types. At the current for limited companies system many arrangements on from share transfers to decision making, there are practical problems. There are substantial differences between the provisions of the Turkish Trade Code and the New Turkish Trade Code regarding the limited companies. On the basis of the foregoing the New Turkish Trade Code transforms the quality of the limited companies and estranges them from private companies and assimilates them to incorporated companies.