Özet:

Articles 549-561 of the Commercial Code No. 6102 set forth the principles applicable to liability claims against board members. Unlike the Commercial Code No. 6762, the liability rules are systematically organized under the new commercial code. The preamble of the new code refers to a number of amendments to the Commercial Code No. 6762, although the novelties of the new code cannot be limited to those listed therein. Indeed the new code, either intentionally or inadvertently, has triggered numerous novelties regarding application of the commercial law in Turkey. Similar to the previous code, the Commercial Code No. 6102 includes subtitles that are deemed to be a part of the main text. Assuming that these subtitles and the main text of the law are equally binding, reorganization of liability provisions may stimulate prominent changes in practice in various areas such as the statute of limitation, jurisdiction of courts and succession of liability.

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