In this article, the merchant nature of cooperatives will be examined within the framework of the Supreme Court's Decision of the Grand General Assembly to Unify the Jurisprudence dated 12.11.2021 and numbered 2020/2 E., 2021/3 K. Whether cooperatives can be considered merchants or not has been discussed in various aspects in doctrine and practice for years. The emergence of the debates on the legal nature of cooperatives dates back to before the Cooperatives Law No. 1163 dated 1969 came into force. As a matter of fact, there is also a decision to merge the jurisprudence made in 1945, which concluded that cooperatives are in the nature of trading companies and merchants. Despite cooperatives are regulated as commercial companies, although they are referred as “partnership” in the Cooperatives Law, as it is not explicitly stated that they are commercial in nature, there have been differences of opinion in doctrine and in court decisions on whether they are committed to earning and sharing profits, and whether it is appropriate to apply the results of trading and being a trader to cooperatives. Due to the differences of opinion and different practices between the jurisprudence of the Court, the decision of the Grand General Assembly to Unify the Jurisprudence dated 2021 was taken. The aforementioned decision will be evaluated within the framework of legal provisions and scientific opinions, taking into account the opinions of the relevant authorities and the dissenting vote.
Primary Language | Turkish |
---|---|
Subjects | Law in Context |
Journal Section | Research Articles |
Authors | |
Early Pub Date | May 15, 2022 |
Publication Date | May 31, 2022 |
Published in Issue | Year 2022 Volume: 3 Issue: 1 |
Authors are not demanded any fees for submission or publication.
Authors are supposed to get ORCID to submit a work to NKU Law Faculty Journal.
The works published in the journal are evaluated for plagiarism. The works having more than 20% similarity are not published.