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Important Case Law

• Judgment of the Constitutional Court dated 12.01.2012 and

numbered E: 2010/90, K: 2012/1, pertaining to the stay of exe-

cution of the expression “consent of the creditor and…” in the

last sentence of the second paragraph of article 88 of the Code

of Execution and Bankruptcy numbered 2004 until the publica-

tion of the decision dated 12.01.2012, numbered E. 2010/90, K.

2012/4 which annulled this expression, in order to prevent situ-

ations and losses which may arise of the application of this

expression which may difficult, or impossible, to remedy, was

published in the Official Gazette dated 21.01.2012 and num-

bered 28180.

• Judgment of the Constitutional Court dated 22.01.2012 and

numbered E: 2010/20, K: 2011/166, pertaining to the annul-

ment of the expression “or to appoint to another higher educa-

tion institution for trial purposes” in paragraph (l) of article 7 of

the Higher Education Law numbered 2547, was published in

the Official Gazette dated 25.01.2012 and numbered 28184.

• Judgment of the Constitutional Court numbered E: 2010/71, K:

2011/143, pertaining to the annulment of the expression “…it

commences at the age of legal capacity of the child if there is

no appointed trustee” in paragraph 2 of article 303 of the

Turkish Civil Code was published in the Official Gazette dated

07.02.2012 and numbered 28197.

• Judgment of the Constitutional Court numbered E: 2010/10, K:

2011/110, pertaining to the rejection of the appeal on the annul-

ment of the article 35 of Legal Profession Act amended with the

article 329 of the Law Numbered 5728 with regard to the “joint

stock companies” was published in the Official Gazette dated

18.02.2012 and numbered 28208.

• Judgment of the Constitutional Court numbered E: 2008/115,

K: 2011/86 pertaining to dismissal of the unconstitutionality

claim regarding some articles of the Law numbered 5809 on

Electronic Communication was published in the Official

Gazette dated 17.03.2012 and numbered 28236.

488

NEWSLETTER 2012