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COMMERCIAL LAW

9

- All provisions were attached to a scientific system.

- General provisions regarding insurance agreements were expanded

in a manner that covers all sorts of insurance, and the terms were

defined.

- An obligation to inform and enlighten insurance holders before

the execution of and during the agreement was imposed upon

insurers and their agencies.

- Certain kinds of insurance, such as fire, agriculture, or burglary

insurance were not separately regulated by taking into account the

dynamic and developing structure of insurance law, and general

clauses suitable for each sort of insurance were adopted.

- Liability insurance, which does not exist in the current code, is

quite common in practice, and is of great importance for today’s

insurance business, was regulated.

- Life insurance was realigned in accordance with the new products

developed in the area and with the needs in practice.

Conclusion

It is certain that the New TCC makes fundamental differences in

Turkish commercial law. The knowledge of company law, maritime law,

and insurance law that experts know by heart, is essentially amended and

renewed. As in any law, the New TCC may have its own deficiencies

and parts that need to be developed. These must be tolerated; eventually,

the deficiencies will be removed by taking into consideration the future

needs in practice. Furthermore, the adoption and implementation of the

new provisions, which are designed to be in effect for at least the next 50

years, will take some time. It is not easy to change old habits. However, the

lengthy period of transition provides those active in commerce with the

opportunity to make the necessary preparations. Consequently, I believe

that we must persistently and insistently defend and follow the New TCC.