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.
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NEWSLETTER 2012