Abstract:

In anonymous partnerships, the principle of freedom of movement applies in the period of the names written shares. The limitation of the period of these shares is exceptional and the limitation is only possible if permitted by law and to the extent permitted by law. One of the limitations provided for in terms of the transfer of non-cotted names written shares is the Turkish Trade Act 493/1. It is the right to apply for the escape cluster of the partnership that is arranged in the article. This right acknowledges the possibility to refuse the request for approval by suggesting the purchase to the account of the other shareholders or third parties with the real value at the time of application of the shareholders, the transferred, the transferred subjects. Applying for the Escape Close is within the jurisdiction of the partnership; however, this jurisdiction of the partnership is not unlimited. One of the limits of authority is the prohibition of abuse of the right (Turkish Civil Law 2/2). In this study, first of all, taking into account the decision 145 III 351 of the Swiss Federal Court of 31 July 2019 on the matter, it will be determined in which circumstances the right to apply for a refuge will be a violation of the prohibition of abuse of the right. For this purpose, it will be revealed the purpose of the right to apply for the escape cluster and which reasons or reasons can be applied to this path by the partnership. The results of the abuse of the right to appeal to the escape cluster will then be examined by distinguishing the type of sanction and the nature of the case to be opened.

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