Memorandum Mandatory Use of Turkish Language Essay Example for Free

Memorandum Mandatory Use of Turkish Language Essay This Memorandum aims to provide brief information on (i) provisions and restrictions imposed by the Law on Mandatory Use of Turkish Language by Economic Enterprises numbered 805 and dated 10 April 1926 (the â€Å"Law No. 805†) on Turkish and foreign enterprises; (ii) consequences of non-compliance with the Law No. 805; and (iii) application of the good faith principle in the light of the precedents of the Turkish Supreme Court of Appeals (the â€Å"Court of Appeals†). A. SCOPE OF THE LAW NO. 805 The Law No. 805 is applicable to all Turkish and foreign enterprises with respect to transactions listed in Articles 1 and 2 of the Law No. 805; however, application of the Law No. 805 differs depending on the nationality of the enterprise. 1. TurkÄ ±sh EnterprÄ ±ses In accordance with Article 1 of the Law No. 805, â€Å"Any type of companies and enterprises which have Turkish nationality shall use Turkish language in all kinds of transactions, agreements, correspondences, accounts and books within Turkey†. According to Article 1 of the Law No.805, each company and enterprise a the Turkish nationality is obliged to keep any kind of transaction, records and books and execute all agreements and make all communications with each other in Turkish language within the territory of Turkey. Accordingly, the only exclusion for the obligation of the use of Turkish language in transactions and communications of Turkish companies and enterprises is the case where such transactions and communications are executed/performed outside the territory of Turkey. In that respect, it is clear that an agreement to be executed between two or more Turkish companies should be prepared and signed in Turkish language, or if it is preferred to be executed in a foreign language, to be accompanied with a Turkish version which shall prevail in the event of discrepancy. There are several court decisions in this respect. In one of its judgments, the Court of Appeals has upheld that the parties, in the text of the agreement may refer to non-Turkish (international) terms and/ or clauses, only if (i) these terms cannot be replaced by a counterpart in Turkish; and (ii) the parties are obliged to include such terms in the agreement. However, it has also underlined by the Court of Appeals that this rule is valid only for terms and expressions either with no counterpart in Turkish or which cannot be written in Turkish. Similarly, in a later decision, the Court of Appeals has ruled that if the parties are both Turkish then all agreements must be executed in Turkish; although international terms and expressions may be incorporated into a Turkish agreement as a special condition. In this decision, the Court of Appeals has not accepted the usage of a maturity clause which was drafted in English language in an agreement executed in Turkish language since such maturity clause could easily be drafted in Turkish language as well. 2. ForeÄ ±gn enterprÄ ±ses In accordance with Article 2 of the Law No. 805, â€Å"This obligation applies to foreign companies and enterprises only in their communications, transactions and relations with the Turkish institutions and persons and for the documents, books and records which must be submitted to governmental offices and government officers.† Pursuant to Turkish legislation, a foreign enterprise is a duly incorporated legal entity that has its registered office outside of Turkey. For foreign enterprises, as stated above, the requirement of Turkish language usage is limited only to (i) transactions, correspondences and communications with persons and legal entities subject to Turkish laws; and (ii) documents, books and records which will be presented to Turkish authorities. In contrast with Article 1 of Law No. 805, Article 2 of the Law No. 805 has a narrower a scope of obligation to use Turkish language. The wording â€Å"agreement† is willingly not stated in Article 2 on purpose. In other words, the Law No. 805 does not specifically refer to agreements under the provision concerning foreign entities. This omission indicates that the Law No. 805 allows the execution of an agreement between a foreign entity and a Turkish entity in a foreign language. There are several court decisions with respect to Article 2 of the Law No. 805. In a decision by the 11th Circuit of the Court of Appeals, the Court of Appeals has upheld that all accounts and books have to be in Turkish language, when submitted to the relevant Turkish authorities. Otherwise, they do not have any validity before Turkish courts. The Court of Appeals has come to a similar conclusion summarizing that Turkish enterprises may enter into agreements with foreign enterprises in any language since Article 2 of the Law No. 805 specifically lists instances where foreign enterprises are prohibited from using a foreign language and this list does not include agreements. Accordingly, the Court of Appeals has concluded that agreements may be executed in any foreign language, where one of the parties is a foreign enterprise and the other is Turkish. According to this decision, an agreement executed in a foreign language between a foreign company and a Turkish company is valid and binding on the parties pursuant to and under Turkish laws. However, under Article 4 of the Law No.805, the parties are compelled to use Turkish language in all correspondences with respect to the agreement, although the agreement is allowed to be drafted in a foreign language. B. CONSEQUENCES OF NON-COMPLIANCE WITH THE LAW NO. 805 Pursuant to Article 7 of the Law No. 805, any party violating the related provisions is imposed to a judicial fine of at least 100 days. The Turkish Penal Code numbered 5237 has regulated the judicial fine provisions and accordingly the judicial fine for one day shall be determined between TL 20 – TL 100 depending on (i) severity of violation; (ii) specific and economic conditions of persons; and (iii) discretion of judges. C. GOOD FAITH PRINCIPLE Pursuant to Article 2 of the Turkish Civil Code, raising a good faith claim is possible regarding the conflicts in an agreement. While deciding on the validity of the good faith claims, the determination shall be made on a case-to-case basis. In terms of disputes regarding non-compliance with the Law No. 805, there is not a definite provision for the application of the good faith principle and we have not come across any judgment of the Court of Appeals regarding the good faith claims has raised with respect to the application of the Law No. 805. However, with respect to the general provisions regarding the good faith claims, by analogy, the following solution may apply to conflicts on the mandatory use of Turkish language in agreements. In the event that the parties have carried out their performances to the fullest extent, considering that the agreement is valid, the agreement, itself, should be considered valid, as well. The Court of Appeals, in one of its judgments, has stated that if parties have carried out their obligations under a contract for a long time, it would be a violation of the good faith principles to claim that the related contract is invalid. Similarly, the Assembly of Civil Chambers of the Court of Appeals has ruled in a former decision that the right to raise a good faith claim is restricted when the party raising the claim is acting against the good faith principle. Although the aforementioned judgment does not directly refer to a dispute under the Law No. 805, the following conclusion could be drawn: when one or both of the parties is awaring (or shall be aware) of the mandatory use of Turkish language requirement and the aware party (or parties) disregards this rule on purpose, they should not be able to rely on a good faith claim regarding the language of the agreement.

Cloning :: essays research papers

Cloning  Ã‚  Ã‚  Ã‚  Ã‚   What is a Clone? A clone is a group of genetically identical cells. For example, tumors are clones of cells inside an organism because they consist of many replicas of one mutated cell. Another type of clone occurs inside a cell. Such a clone is made up of groups of identical structures that contain genetic material, such as mitochondria and chloroplasts. Some of these structures, called plasmids, are found in some bacteria and yeasts. Techniques of genetic engineering enable scientists to combine an animal or plant gene with a bacterial or yeast plasmid. By cloning such a plasmid, geneticists can produce many identical copies of the gene. Uses of Cloning:   Ã‚  Ã‚  Ã‚  Ã‚  Researchers said the cloning of animals, especially those that have been genetically modified in certain ways, could have a number of medical, agricultural, and industrial applications. For example, cloning could result in the mass production of genetically modified cattle that secrete valuable drugs into their milk. But the cloning of animals indicated that it might also be possible to clone humans. Much of the public expressed revulsion toward the prospect of human cloning, and some politicians vowed to outlaw it. Its proponents, however, saw human cloning as a way to help people, such as by allowing infertile couples to have children. Early Scientific Experiments of Cloning: Scientists have long been intrigued by the possibility of artificially cloning animals. In fact, people have known since ancient times that just just cutting them into two pieces can clone some invertebrates, such as earthworms and starfish. Each piece grows into a complete organism. The cloning of vertebrates (animals with back bones) is much more difficult to clone. The first step in the cloning the complex organisms (vertebrates) came in the 1950's with experiments done on frogs.   Ã‚  Ã‚  Ã‚  Ã‚  In 1952, Robert Briggs and Thomas King, biologists at the Institute for Cancer Research (now the Fox Chase Cancer Center) in Philadelphia, developed a cloning method called nuclear transplantation, or nuclear transfer, which was first proposed in 1938 by the German scientist Hans Spemann. In this method, the nucleus--the cellular structure that contains most of the genetic material and that controls growth and development--is removed from an egg cell of an organism, a procedure known as enucleation. The nucleus from a body cell of another organism of the same species is then placed into the enucleated egg cell. Nurtured by the nutrients in the remaining part of the egg cell, an embryo (an organism prior to birth) begins growing. Cloning :: essays research papers Cloning  Ã‚  Ã‚  Ã‚  Ã‚   What is a Clone? A clone is a group of genetically identical cells. For example, tumors are clones of cells inside an organism because they consist of many replicas of one mutated cell. Another type of clone occurs inside a cell. Such a clone is made up of groups of identical structures that contain genetic material, such as mitochondria and chloroplasts. Some of these structures, called plasmids, are found in some bacteria and yeasts. Techniques of genetic engineering enable scientists to combine an animal or plant gene with a bacterial or yeast plasmid. By cloning such a plasmid, geneticists can produce many identical copies of the gene. Uses of Cloning:   Ã‚  Ã‚  Ã‚  Ã‚  Researchers said the cloning of animals, especially those that have been genetically modified in certain ways, could have a number of medical, agricultural, and industrial applications. For example, cloning could result in the mass production of genetically modified cattle that secrete valuable drugs into their milk. But the cloning of animals indicated that it might also be possible to clone humans. Much of the public expressed revulsion toward the prospect of human cloning, and some politicians vowed to outlaw it. Its proponents, however, saw human cloning as a way to help people, such as by allowing infertile couples to have children. Early Scientific Experiments of Cloning: Scientists have long been intrigued by the possibility of artificially cloning animals. In fact, people have known since ancient times that just just cutting them into two pieces can clone some invertebrates, such as earthworms and starfish. Each piece grows into a complete organism. The cloning of vertebrates (animals with back bones) is much more difficult to clone. The first step in the cloning the complex organisms (vertebrates) came in the 1950's with experiments done on frogs.   Ã‚  Ã‚  Ã‚  Ã‚  In 1952, Robert Briggs and Thomas King, biologists at the Institute for Cancer Research (now the Fox Chase Cancer Center) in Philadelphia, developed a cloning method called nuclear transplantation, or nuclear transfer, which was first proposed in 1938 by the German scientist Hans Spemann. In this method, the nucleus--the cellular structure that contains most of the genetic material and that controls growth and development--is removed from an egg cell of an organism, a procedure known as enucleation. The nucleus from a body cell of another organism of the same species is then placed into the enucleated egg cell. Nurtured by the nutrients in the remaining part of the egg cell, an embryo (an organism prior to birth) begins growing.

High School Analogy Essay

A newly bought camera, one that gives the buyer satisfaction, yet a strange tingling feeling of unfamiliarity with a pinch of nervousness and fear. Now there’s a high school freshman feeling the very same thing looking at a new environment; strangely a camera and high school have a comparable relationship, with very obvious difference and . One such similarity, is that when a student takes their first few strides into the usual two storey building, it resembles him taking his very first picture. Both individuals new and inexperienced, every move is made with caution afraid of what the outcome could be. Perhaps, an embarrassing moment? A broken camera?. Both face criticism inside lowering their inner confidence, he looks at his photographs often ranking them poorly, while she looks at some of her peers judgmentally and the same comes back to her. Another comparison, looks at the ever-changeable lens on the camera representing her ever-changing views on the present and future. An extending lens that looks ahead at the long road that is yet to be journeyed through and short, stubble ones they may remind her of the moment she is in. As she gets comfortable and more confident, the student is met by a whirlwind of opportunities. Each chance that walks past, she begins to see a new path, some that are very clear and some that are not in focus since it seems so far away. As days pass, she begins to see those opportunities in a new light, stopping more often to think and bring it into focus. The buyer also now picks up his camera casually like it belongs in hands just a ring belong on a finger. As an image comes into focus on the screen and her visual mind, the moment is captured in that very time, and stored in their memory. One being natural and the other digital. Finally, when the time comes to buy a new camera or move forward, both him and her view life more positively, raising their head in pride. As the chapter of high school, and his very first camera approaches its close, they take their experiences with them and move on to a firmer ground where the environment is a very familiar one. Their previous chapters soon become forgotten as life leads them elsewhere, but the memories remain, once in awhile reminding them of that one time and they don’t fade unless you willingly reach for the

Little Things By Raymond Carver - 980 Words

While reading â€Å"Little Things† by Raymond Carver I began to realized that he was using several different literary devices to compose a story of many interpretations, such as: imagery, foreshadowing, symbolism, communication, conflict, expression, and suspense. â€Å"Little Things† is a tale of two stubborn parents that are separating without any self-tolerance or consideration of how their actions can affect their child. The statement made by Carver is that actions or words can lead to catastrophic endings. At the end of the story, he wrote â€Å"in this matter, the issue was decided† to imply that when a relationship involves a child, the intimate relationship between parents should be more empathic. A similar story that touches the same statement†¦show more content†¦In the beginning of â€Å"Little Things†, Carver created the scenery of outside to establish the dark side of the relationship. â€Å"Cars slushed by on the street outside, whe re it was getting dark but it was getting dark on the inside too†; Thus, foreshadowing the relationship on its last leg. As the man packed his belongings, the woman responded â€Å"I’m glad you’re leaving. I’m glad you’re leaving!†, Carver now expresses the relationship as being gloomy with no sign of contentment. Man, is portrayed as unhappy and leaving whereas the woman struggles to react without being attentive toward the man’s emotions. Foreshadowing is used to create the start point of this catastrophic ending with the man having empathy for the child and not the woman. Emotions emphasized the foreshadowing once the woman removed the picture of the child out the bedroom, Man now makes effort in having a conversation with the woman by the request that she â€Å"bring that back†. Emotions effected more than one point of view in â€Å"Little Things† due to the relationship involving two people and a child. Mutual affect had been brought to light with â€Å"Love and Basketball†, though Quincy was not a baby when the dispute between his parents and adultery started, his father took the time to address the personal situation with Quincy while he attended college by lying. Yet proof from both stories display the reality of emotions between parents and children in modern situationShow MoreRelatedAnalysis Of Little Things By Raymond Carver1269 Words   |  6 PagesThe short story â€Å"Little Things† by Raymond Carver deals with the humanity’s spiteful nature and its desire to flaunt what others can not have. 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According to an interview with William, Stull in â€Å"Matters of Life Death: An Interview with Raymond Carver† Carver also understood that his life showed through in his work, â€Å"Wolff said in a review of my first book of stories that h e felt he could pickRead MoreAn Analysis Of Cathedral By Raymond Carver1441 Words   |  6 Pages Cathedral Research Paper The short story â€Å"Cathedral†, by Raymond Carver, is a thought provoking piece that focuses on the transition a man goes through to see the world with his soul. The story gives hope that people can change if given the chance to be better people. Over the course of the story, Carver uses both diction and description to explore themes in religion and morality. â€Å"Cathedral† depicts a husband and a wife as they prepare and entertain a friend of the wife. The husband, the narratorRead More Carvers Realism From Fires Essay1174 Words   |  5 Pages How does Carver create precision of reality with his characters, focusing on Fires? When looking at the works of Raymond Carver, one can feel a sense of autobiography, that the characters in his stories are struggling against the same circumstances that Carver himself once struggled through. How true this is, is marginal to say the least, for Carver tells us in Fires that anything from a phone call to living in a seedy apartment in Jerusalem for four months is cause to influence his writing. Read MorePopular Mechanics by Raymond Carver828 Words   |  4 PagesPopular Mechanics the author, Raymond Carver, uses painstaking details, numerous symbols, and an unusual title to convey the universal theme that not all relationships end happily. Carver uses all these things to his advantage. He brings out the theme of this depressing, but truthful story. Many couples these days experience the same thing that this one in particular went through. Early that day the weather turned and the snow was melting into dirty water. 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Its not fair to anyone to be neglected whether you are visual impaired or have the functionality of what is considered to be a normal human being. Exposing people to literal and figurative blindness is a true eye-opener. In Raymond Carver’s story, Cathedral, depicts a charismatic