Representative Agreement

REPRESENTATIVE AGREEMENT

This agreement is made on the ../../20..

BETWEEN

1) HOLLYWOOD Ltd Having its principal place of business and head Office at Jinhui Town, Shanghai,China (herein after referred to as the MANUFACTURER) and

2) Bay.XXXXXXXX and BayanXXXXXXXXX having his principal place of business and head Office in Buyukdere Cd. Sisli İstanbul / Turkey (hereinafter referred to as the REPRESENTATIVE)

CLAUSE 1. PRODUCTS :

MANUFACTURER grants REPRESENTATIVE right for tempered glass lid

CLAUSE 2. PRODUCTS :

MANUFACTURER hereby appoints the second party as one of his ‘REPRESENTATIVE’ in Turkey

CLAUSE 3. MARKETING RIGHTS :

a) MANUFACTURER grants REPRESENTATIVE the rights to market the above mentioned products to any customer or resident with its principal place of business in the REPRESENTATIVE’s countries.

b) Representative will only market the mentioned products in the above country and not in any other country.

c) REPRESENTATIVE will be liable for his customers.

d) After getting the order and confirmation of payment as agreed all responsibility will be of the MANUFACTURER

(Responsibility shall be against any Manufacturing Default from the factory to the Port of Disembarkation, REPRESENTATIVE shall appoint Quality Control Inspector to inspect each shipment before being shipped. All claims of damage shall rely on the report from Qualified QC inspector.

e) MANUFACTURER will send the sample to POTENTIAL CUSTOMERS. POTENTIAL CUSTOMERS shall bear all cost of transportation of the samples requested.

CLAUSE 4. PRICING :

MANUFACTURER has the right of reviewing the prices of material. In any change, MANUFACTURER will inform REPRESENTATIVE in a week.

CLAUSE 5. SALES PRICE :

REPRESENTATIVE will market the products with same prices of MANUFACTURER. REPRESENTATIVE will only take commission of 3 % from the total cost of FOB.

CLAUSE 6. PAYMENT :

REPRESENTATIVE will be paid after the order payment has been paid into MANUFACTURER ACCOUNT. Commission rate will be on FOB based.

CLAUSE 7. REPRESENTATIVE’S OBLIGATIONS:

REPRESENTATIVE shall :

a) Use his best endeavors to maintain, increase, and promote the sales of products in his regions. He should sell minimum 20,000pcs per month for the first five months, and 200,000pcs per month after the first five months.

b) REPRESENTATIVE does not have the right to promote, market any other similar or related materials produced by any other manufacturers or traders

CLAUSE 8. MANUFACTURER’S OBLIGATIONS:

MANUFACTURER shall:

a) Supply the products as ordered by REPRESENTATIVE on the basis of previous order confirmation and payment receipt.

Bilkent University Faculty Of Law

The Faculty of Law offers a broad set of courses concerning all challenging dimensions of contemporary Law. The curriculum is structured to provide the students not only with knowledge in classical and substantial areas like constitutional law, administrative law, civil law, commercial law and criminal law, but also with basic professional information in other fields requiring an international perspective of specialization like competition law, intellectual and industrial property law, international commercial arbitration, European Union Law and international business law.

The courses consisting of the Turkish positive law with national character are given in Turkish while some others representing an international character and/or which could be learned in a foreign language like International Business Law, European Union Law, International Human Rights Law etc. are given in English. The basic philosophy of the Faculty is not to be a school of a profession” but to have a character of a forum where the students could gain, in addition to basic professional knowledge, a scientific legal approach to follow and participate in the permanent development of the world facing the challenge of globalisation. The Faculty is conscious of the fact and the graduate program is structured in such a way that the students shall have the opportunity to gain and develop the ability of determining, searching for and achieving the appropriate information they need.

Osman Berat Gürzumar, Ph. D., Dean

Bilkent University Faculty of Law

The Faculty of Law offers a broad set of courses concerning all challenging dimensions of contemporary Law. The curriculum is structured to provide the students not only with knowledge in classical and substantial areas like constitutional law, administrative law, civil law, commercial law and criminal law, but also with basic professional information in other fields requiring an international perspective of specialization like competition law, intellectual and industrial property law, international commercial arbitration, European Union Law and international business law.

The courses consisting of the Turkish positive law with national character are given in Turkish while some others representing an international character and/or which could be learned in a foreign language like International Business Law, European Union Law, International Human Rights Law etc. are given in English. The basic philosophy of the Faculty is not to be a school of a profession” but to have a character of a forum where the students could gain, in addition to basic professional knowledge, a scientific legal approach to follow and participate in the permanent development of the world facing the challenge of globalisation. The Faculty is conscious of the fact and the graduate program is structured in such a way that the students shall have the opportunity to gain and develop the ability of determining, searching for and achieving the appropriate information they need.

The Foundatıons of Turkısh Law

Towards the end of the 1900’s, many European countries codified much of their law both public and private. On the other hand, in the Anglo Saxon countries the notion of uncodified law prevailed, and many rules are derived from customary laws and judicial precedents. Turkey has followed many European countries and codification of many European laws. Legislative branch has become the most important foundation of the Turkish law.

The Foundatıons of Turkısh Law

I. INTRODUCTİON

The order or pattern of rules that society uses to govern the conduct of individuals and their relationships is called law[1]. Law keeps society running smoothly and efficently. Law consists of the body of principles that govern conduct and that can be enforced in court or by administrative agencies. The law could also be described as a multitude of rights. A right is a legal capacity to require anothor person to perform or refrain from performing an act. Our rights flow from the Turkish Constitution, statutes and ordinances.

The foundation of the Turkish law of a current legal system may be found in Roman law or practices or moral laws applied in bygone ages. Until the 12th century, law in the western world operated on several primary levels. Collections of written laws such as the Augustinian Code or the Code of Charlemagne(both traceable to Roman law) created a broad written legal framework[2]. This basic system still prevails in many European countries and is known as the “civil” law[3].

Towards the end of the 1900’s, many European countries codified much of their law both public and private. On the other hand, in the Anglo Saxon countries the notion of uncodified law prevailed, and many rules are derived from customary laws and judicial precedents. Turkey has followed many European countries and codification of many European laws. Legislative branch has become the most important foundation of the Turkish law.

II. THE FOUNDATİONS OF TURKİSH LAW

The foundations of the Turkish law may be written or unwritten rules. The written rules may be classified in to six categories. There is only one unwritten law ın Turkish system. It is called “customary law”. We will examine the foundations of the Turkish written law first. These are as follows;

A. The Written Laws

The foundations of the Turkish written law is classified in seven categories[4]. These are constitution, statutory law, international treaty, statutory decrees, regulations, by-laws, court decisions and doctrine.

1. The Constitution

The term “constitution” refers to either the structure of the government and ıts relation to the people within ıts sphere of power or the written document setting forth that structure. A constitution is a body of principles that establishes the structure of government and the relationship of that government to people who are governed. Constitutional law is the branch of law that is based on the constitution for a particular level of government. The Turkish Constitution sets forth not only the structure and powers of government but also the limitations on those powers. Turkey has a prominent place among today’s developing countries by the length of its experience.

The Turkish Constitution establishes a tripartite government: a legislative branch to make the laws, an executive branch to execute the laws, and ajudicial branch to interpret the laws. The Turkish Constitution provides that the Turkish Parliament[5] has sole authority to enact laws for application throughout Turkey. The 7th Article of the Turkish Constitution provides that “legislative power is vested in the Turkish Parliament. Members of the Turkish Parliament are popularly elected by the Turkish citizens for a term of five years.

According to the Turkish Constitution, the basic characteristics of the Turkish Republic have been described as “a democratic, secular, and social state governed by the rule of law, in accordance with the concepts of social peace, national solidarity, and justice; respectful of human rights…”

The supremacy of the constitution is expressed clearly in the 11 the Article of the Turkish Constitution which states that “laws shall not be in conflict with the constitution.

2. The Statutory Law

The expression “law” is ordinarily used to indicate a statute enacted by the Turkish Parliament[6]. The statutory law includes this legislative acts declaring, commanding, or prohibiting conduct. Statutes are applied in all parts of Turkey and all Turkish citizens, and aligns are subject to them. An act of the Turkish Parliament to provide leave for officers medical needs is an example of a statutory law.

Statutes are applied until they are abrogated or changed by a new statute. The Turkish Paliament permits both making new laws and abrogating old ones and is an essential instrument for the regulation of modern social life. The Turkish Parliament has become the most important foundation of law.

Bills may be introduced either by the Council of Ministers or by members of the Turkish Parliament. The statute passed by the Turkish Parliament are promulgated by the President of the Republic within fifteen days. The President may, within the same period, refer the law back to the parliament for reconsideration. If the parliament again passes the statute in its original version(without new amendments), the President has to promulgate it.

3. International Treaty
The foundation of the Turkish law also includes treaties made by the Turkish Republican. International Treaties to which Turkey is a party are approved by the Turkish Parliament by enactment of a law. Technically, therefore, international treaties are statutes become enforceable after their publication in the Offical Gazette. Some international treaties become binding without the official approval of the Turkish Parliament such as economic, commercial and technical treaties(The Constitution 90.m)

4. The Statutory Decrees

The Turkish Parliament may authorize the Council of Minister by special statute, to issue statutory decrees on certain topics[7]. In these special statutes the scope, principles, and duration of the power to issue statutory decrees are clearly stated. Statutory decrees become enforceable on the day of their publication in the Offical Gazette, and they are submitted for the review and approval of the Turkish Parliament on the day of their publication. Statutory Decrees cannot subject to the fundamental liberties and political rights of individuals.

5. Regulations

The Council of Ministers has the power to make regulations that regulate for enforcement of statutes[8]. According to the Turkish Contitution, such regulations must have been examined by the Council of State, signed by the President of Republican and promulgated in the same manner as statutes. Regulations cannot contain provisions contrary to statutes. In the hierarchy of laws, therefore regulations come after statutes and contain more concrete rules than statutes.

6. By- Laws

Late in the last century, a new type of governmental structure began to develop to meet the highly specialized needs of government regulation of life. An administrative agency is a government body charged with administering and implementing legislation. An administrative agency may be prime ministry, the ministries, and public corporate bodies such as universities and municipalities. These administrative agencies have the power to make “by laws”[9], in conformity with statutes and regulations in order to regulate a particular segment of life or business.

By laws adopted by these agencies may be intended to interpret or clarify the statute and regulation.

7. Court Decisions

Courts have been created to hear and resolve legal disputes. A court’s specfic power is defined by its jurisdiction. Courts of original jurisdiction are trial court, and courts that review the decisions of trial courts are appellate courts. Turkish courts are bound to make their decisions in conformity with the statutory law, the function of the judiciary being to interpret and apply the law.

In Turkey certain precedents are follower. Thus lower trial courts are bound by some decisions of the Supreme Court and the Supreme Court in turn is bound by some of ıts own decisions.

8. Doctrine

Doctrine is a subsidiary foundations of Turkish law. The research of the legal authority, or jurist, is to discover by logical analysis the several possible interpretations of laws and to indicate their practical consequences. The studies of juristic are not an independent “source of law”, although in some cases juristic opinion leads to the formation of law.

B. Unwritten Laws: Customary Law

As unwritten law, we will examine customary law. Customary law may give us some insights into the development of law. Written laws have mainly developed from customary law. Customary law constituted and observed course of conduct of the society.

For a customary law to have legal validity in the Turkish system. It must be (1) antiquity, (2) countinuity, (3) popular belief in rightness of a custom law, (4) state sanction, (5) agreement with statutory law. In the first Article of the Turkish Civil Code states that “… there is no applicable provisions, the judge should decide according to existing customary law….”.

III. CONCLUSİON

Turkish law consists of the pattern of rules established by society to govern conducy and relationships. These rules can be expressed as constitutional provisions, statutes, administrative regulations, and case decisions. Law can be classified as substantive or procedural, and it can be described in terms of its historical origins, by the subject to which it relates, or in terms of law or equity.

The foundations of the Turkish law include constitutions, statutes, administrative regulations, bylaws, court decisions, doktrine, and customary law.

* Gazi Üniversity Economics & Administrative Faculty, Çorum/TURKEY
[1] . OVACIK, M., English & Turkish Law Dictionary, 1986, s.196.
[2] . ELİAS, Stephan/LEVİNKİND, Susan., Legal Research, How to Find & Understand The Law, 1999 US, s.3.
[3] . A legal tradition called the “common law”, quite different from that of the civil law, developed in England after the Norman conquest in 1066.
[4] . GÜRİZ, A., Introduction to Turkish Law, “ Sources of Turkish Law”, 1987, s. 6 vd.
[5] . Turkish Parliament is called “the Turkish Grand National Assembly”
[6] . GÜRİZ 7.
[7] . GÜRİZ 8.
[8] . OVACIK 272.
[9] . OVACIK 51.

Outhor: Yrd. Doç. Dr. Mustafa CAN

Bar Associations In Turkey

BAR ASSOCIATIONS IN TURKEY

Bar Associations are professional bodies with the status of public organisations having a legal identity and working according to democratic principles. Their purpose is to meet the common needs of the legal profession, to support and protect the rule of law and human rights, and the reputation, ethical approach and order of the profession. They encourage the development of the legal profession and ensure its members treat each other and their clients honestly and with integrity.

A Bar Association has been founded in every provincial centre with at least 30 Attorneys. There are currently 78 associations in Turkey, the organizational structure of Bar Associations are; General Assembly,Executive Board, Presidency, Presidential Board, Disciplinary Committee and Supervisory Board. The General Assembly includes all registered attorneys and meets once every two years.

Since the Union of Turkish Bar Associations was established in 1969, it has worked in the most effective way to bring about the conditions necessary for “the rule of law” and “fair trial”.

Pursuant to the provision of the Turkish present constitution; “Bar Associations are professional bodies with the status of public organisations having a legal identity and working according to democratic principles. Their purpose is to meet the common needs of the legal profession, to support and protect the rule of law and human rights, and the reputation, ethical approach and order of the profession. They encourage the development of the legal profession and ensure its members treat each other and their clients honestly and with integrity.”

Marriage Between Turkish and Foreign Nationals in the UK

Procedure and documents for registration of a marriage between a Turkish and foreign national in the UK are as follows:

First, you need to get in touch with the local registration office in the UK.

Turkish citizen needs to obtain a certificate of no impediment from his/her local registration office in Turkey through this Consulate General. To this end, s/he needs to apply to this Consulate General with his/her ID card (nüfus cüzdanı).

Following the marriage ceremony and having the marriage registered at the local registration office in the UK, Turkish national has to inform this Consulate General of his/her marriage within one month just after the marriage.

For the registration of marriage at this Consulate General, following documents have to be produced:

  • Marriage certificate and a photocopy
  • Full birth certificate of the foreign national and a photocopy
  • ID card of Turkish spouse (nüfus cüzdanı) and a photocopy
  • Postal fee (£6)
  • Please note that in the event that you fail to register your marriage with Turkish Consulate within a month following the ceremony before the British authorities, you will be liable to pay for a fine of £ 8.
  • A copy of foreign national’s passport, his/her father’s and mother’s name and his/her religion must also be communicated to the Consulate in writing.

Please note that foreign women marrying Turkish men in the UK may apply for Turkish citizenship after 3 years of marriage, if she intends to live in Turkey. The Republic of Turkey accepts dual nationality as long as bride’s country does not object it.

The Acquisition of Legacy in Turkey

The acquisition of any legacy in Turkey after the death of its owner, could be made through the courts by probate action upon the application of his relatives /heirs.

The heritage /estate/ property could only be passed to the heirs after a probate issued by the court of the province where the property is located.

Any legal action taken at the Courts of the UK (or any other country), could be applicable in Turkey only after the decision of a Turkish Court which recognizes and enforces the decision of the UK courts. Hence, a will could gain validity in Turkey after a decision issued by a court in Turkey.

A will is going to be valid in Turkey after some legal steps.

If one notifies his legal heirs (according to the will) about the existence of such a will, then they could follow up the matter after the death.
The probate letter /decision required to enforce a will in the UK, should be certified by the Legalization Department of the Foreign and Commonwealth Office (apostille) and then in the Turkish Consulate before being presented to the relevant authorities in Turkey.
After its certification process, the probate should be presented to the Court in Turkey in order to enforce it. Once the decision from the Turkish Court is taken, the will also be valid in Turkey and could become applicable.

Attorney-Client Employment Agreement

FEE CONTRACT
CLIENT :
ADDRESS :
PHONE NUMBER :
ATTORNEY :
ADDRESS :
PHONE NUMBER :

An attorney fee contract has been prepared between the parties whose names and addresses written above within the conditions written below. The person appointing them will be called as CLIENT and the solicitors who undertake the job will only be called as Attorney.

ARTICLE 1 – The duty that the Attorney undertook: …

ARTICLE 2 – The Attorney will be paid … for the … excluding the value-added tax (VAT) and court cost for the work he/she undertook.

For the criminal case:

Advance payment : … TL/$/£/€ at …/ …/ …
Second payment : … TL/$/£/€ at …/ …/ …

If the installment payments have not been paid on the dates the whole attorney fee will become due obligation. Default interest of … % will become applicable annually.

ARTICLE 3 – This fee is just for this job. Although it is related and connected, the fee does not include the mutual court cases and separate cases and its procedures. The cases in the Supreme Court Justice, Council of State and Tax Appeal Commissions will have different fees.

ARTICLE 4 – Attorney will follow the case in accordance with the law and conditions of this contract. If he/she is authorized, he/she can follow up the court case together with other attorneys or he/she can leave the case absolutely to them. The CLIENT by getting the written approval of the solicitor he/she may allow other attorneys involve in the case.

ARTICLE 5 – All the expenses, fees, taxes and stationary expenses related to the court case will be at CLIENT’s expense and at first request it will be paid to the attorney or the authority. If for this case the attorney needs to travel, the CLIENT will pay … TL/$/£/€ for each day for the travel expenses, temporary accommodation and along with the time period he/she will be send out of his office.

ARTICLE 6 – The CLIENT has accepted her address written below as his/her official correspondence address and he/she accepts that all the notification and letters sent to this address will be valid and accepted. If he/she changes his/her address she has to inform the attorneys in written form about the change of address.

ARTICLE 7 – The Attorney can revoke this contract if the CLIENT does not give power of attorney after signing the contract, draw his/her case, appointing another Attorney without obtaining the written confirmation of the attorneys, not paying for the expenses, not delivering the evidences, documents and information requested for the accusation and defense, if he/she changes his/her address and by not informing the solicitors delay the case, give up the case absolutely and partly, reach to an agreement with other part or discharge the other part from its responsibilities and revoke his/her attorney when there is no reasonable ground. As the contract is revoked due to a reasonable ground at the first request of the Attorney the whole amount will be paid straight way. In case of any delay … % annual default interest will become applicable.

ARTICLE 8 – On the issue which are not written in this contract or which are not clear the laws of the Attorney act will apply.

ARTICLE 9 – In case of any conflicts … Courts will be authorized. …/ …/20..

CLIENT ATTORNEY
Sign Sign
(Corporate Seal) (Corporate Seal)

Discretion Of Judge in Turkey

DISCRETION OF JUDGE

Freedom of discretion which is granted to judge by means of democratic understanding is one of the basic characteristics of civil law. On the contrary, while the law is being put into practice , it is given particular flexibility to judges. Besides, they are given particular authority and function by the law. Power of law creation which is granted to judge by the civil law is the first freedom. Second freedom is the discretion of judge. This right or authority is different from power of law creation of the judge. Discretionary power is more limited than power of law creation. While the judge uses the discretionary power, He, on his own, does not create a rule. However, the judge has a particular flexibility and an estimation power while the rules are applied to present case. In the issues that law gives right for the discretionary power or the law commands the requirements and right causes of situations kept in mind, the judge makes the decision based on the facts of law and justice. Discretionary power of judge ;It is the authority of estimation and adaptation which is well known by judgement when applied to special and present case that law code’s general and abstract regulation. As it is understood from the definition that , there is the rule to apply to the present case in the law so the judge can use discretionary power. But this rule shows only the general principle with the main outline. With the unknown part in the law code, which is let been on purpose bye lawmaker, it is expected from the judge that he solves the problem by looking at the authority’s and basic principle’s properties. For example, in different articles in the civil code and code of obligation have regulated that persons who cause a damage in particular situations are liable for indemnity. But amount of indemnity is not regulated in these article. In such cases, the judge determines the amount of indemnity by taking the characteristics of present case and the faults of the suspect, if there is, into consideration. The other example of that, it is counted a divorce reason if the conjugal community is jarred fundamentally according to the first paragraph of the 166. article of the Turkish Civil Code, it is not defined that which states are counted as the reason of being jarred fundamentally of the conjugal community . At that case, it is foreseen that these states will be defined by judge on the basis of the discretionary power according to the law.As you can see, the judge has used discretionary power.
However, Discretionary power of the judge is not directed towards to the same thing for every event. This power is sometimes directed towards to the condition and causes of the event and sometimes directed towards to not only the condition and causes of the event but also the result of the event. For example, according to 27. article of Turkish Civil Code, alteration of name can only be wanted from the judge with right causes. In this case, the judge decides that there are fair causes or not for alteration of name by using discretionary power. Here, the discretionary power is directed towards to the conditions of the event.The other example of that, nevertheless, for example, using discretionary power directed towards to the result is acknowledged for the judge by the 170. article of the Turkish Civil code. According to this article, if the divorce suit is sued by married couple, the judge will decide to divorce or separation by using discretionary power.

The Situations Where Discretionary Power Of Judge Is practicable

In the execution of every legal principle , the judge does not have discretionary power. The conditions of application of discretionary power is obvious. For example, 11. article in civil code has clarified that, adolescence begins with the age of 18. This rule is clear and absolute. The judge can not evaluate the adolescence different than it is explained in law by attending to features of present case. So the judge can not determine that a person who is seventeen is adolescence. Consequently, the judge can only use discretionary power in the way expressed in clear terms condition in code. However sometimes, the discretionary power is not mentioned clearly in the law code, but statements and words in the code help us to understand that there is discretionary power of judge or not in the code. Consequently, It is clearly mentioned about using discretionary power of judge in some of the clauses of the Law . For example, it is clearly mentioned that “ the judge should understand fully if such an aim is cherished or not” in the 766.article of the Civil code. It is sometimes not clearly mentioned about using discretionary power of judge in the Law, however the result of having such a power of judge. For example, it is mentioned about “right reasons”(C.C. Law 164. or 67.) and “convenient amount”(C.C. law 121.) or is assumed that the judge has discretionary power in any case of using such statements and words.

The Method Of Usıng Discretionary Power Of Judge

According to US constitutional system, while the judge determines , he should observe original intent of the code and the precedent . However, the judge can use legislative history but it is controversial. Constitution, statues, administrative rules and case law are the resources of the US Civil Code .

The judge cannot use this power arbitrarily and without any limit. The judge should use this power in conformity with law and justice. Judge’s attitude should be proper to law and justice. So, while the judge uses discretionary power , he should get rid of his personal feelings and thoughts. However the judge should be unbiased and objective while he judges. Merely with this way, the judge can attain to result which is proper to purpose of law. However this result shouldn’t be adverse to thought of justice and value judgement of society. Also this result should be applied to similar case.

Judicial Review In Discretionary Power Of Judge

The way of using discretionary power of judge is wheter right or not is dependent on judicial review . If the judge goes beyond the limits of discretionary power of judge and does not show the reasons of it, he or she would not have used that power in the way it has to be used. Besides, if the judge makes any decision without taking purpose of law into consideration, he would have misused his duty .Consequently, judicial review can be done. For example, According to 171. article of Turkish civil code, the judge can determine legal seperation between married couples for 1-3 years running. The judge can not determine legal seperation for more than three years otherwise the judge exceeds one’s discretionary powers. Another example, according to 175. article of Turkish civil code, if the person is reduced to poverty because of the divorce, the person can want the alimony. The aim of this article is only correction of poverty. While conjugal community is going on, if the judge adjudges the amount of alimony which is nearly same as standard of conjugal community, it means that discretionary power is used as wrong.

Article Authors and Translators: Semra Erden

Alternative Dispute Resolutions in Turkish Law

Alternative Dispute Resolutions in Turkish Law
In this article, historical background of Alternative Dispute Resolutions and its legal position in Turkish law are examined.
Law in Ottoman Empire
Ottoman legal system accepted the Religious law over its subjects. The Ottoman Empire was always organized around a system of local jurisprudence. Legal administration in the Ottoman Empire was part of a larger scheme of balancing central and local authority. The jurisdictional complexity of the Ottoman Empire was aimed to permit the integration of culturally and religiously different groups. The Ottoman system had three court systems: one for Muslims, one for non-Muslims, involving appointed Jews and Christians ruling over their respective religious communities, and the “trade court”.

The entire system was regulated from above by means of the administrative Kanun, i.e. laws, a system based upon the Turkic Yasa and Töre which were developed in the pre-Islamic era. The kanun law system, on the other hand, was the secular law of the sultan, and dealt with issues not clearly addressed by the sharia system.

Alternative Dispute Resolutions – Ottoman Period
Law Sources for Alternative Dispute Resolutions
Legitimacy for settlement consists of Koran, Behaviours of Mohammed and interpretations of Islamic schools. According to court records, settlements are defined as “Allah’s great expectation from the people” referring to the verse of the Koran which states “settlement is the best award among the other awards.

Methods of Settlements
To the Islamic law books, in case of parties have dispute, there are 2 ways for settlement to resort. The first one is to settle the dispute without resorting to the court. It’s always possible for the parties to resort this way which does not require any procedure or any guidance. Bear in the mind that these settlements are generally referring to acknowledgments.

The second one is the way of the settlement which can be implemented by Ottoman lawyers in accordance to a particular form and system. As compared to the first way, negotiations between parties initially take place at the court and thereafter resume outside the court. According to this procedure, parties participate in the hearings which are governed by judge. In case that parties don’t bring any final evidences judge may call them to settle the dispute by themselves. Thereafter, the settlement procedure commences.

Call for the settlement must be made in advance of the court decision. Because after the decision, it would constitute complexity to reach a settlement again. Call for the settlement must be done for twice and it can’t exceed more than 2 times in order to prevent abeyance of the case. If the parties don’t approach for the settlement, judge may conclude the proceeding.

Subject Matters of Settlements
Subject matters of settlements are in connection with the obligations, the claims, compensations and blood money which emanates from murder. Criminal cases such as adultery and drinking alcohol can’t be settled by any instrument of resolution. This clear distinction in regard to subject matters of settlements can be inferred from the records of Ottoman Courts. Generally judge calls both parties to the court in case that defendant rejects the personal actions against him. Inheritance law also falls in the scope of settlement.

Mediators for the settlement in Ottoman State
The second stage of settlement may commence in case of acceptance of judge’s proposal by both parties. In this stage, independent mediators (Muslihun Muslimuns) comes up in order to reach a consensus with respect to the dispute. Muslihun Muslimuns consist of three adult males, but considering the records of the period there is no detailed information indicating their qualifications. It’s assumed that those mediators were selected from among the people who are well respected and also confidential in the society. The mediators hold meetings with the parties and seek for a settlement. Participation of the mediators such as witnesses to the meetings prevents the claims in respect of non-existence of the settlement.

Conclusions of the Settlement
Settlements can be concluded in several ways. Firstly, the debt in concerned with the dispute can be paid cash. But, generally paid off money amounts to less than the demand of applicant from the defendant. The other way of conclusion is to pay the debt in exchange of assets. Moreover, some of the settlements can be concluded by the means of abdication. In this case, the applicant must abdicate from his/her claims over the defendant and this abdication must be recorded in the form of a concrete document. Generally, the cases related to inheritance epitomizes to this way of conclusion. According to Ottoman Law, the only method to settle the dispute which arises from the criminal actions such as battery, hurting, theft is abdication.

Conclusion in the Alternative Dispute Resolution in Ottoman State
There is no definite information indicates us how many cases had been resolved by the method in the foregoing mentioned. Despite of this fact, there is an elaborated court record in Balikesir city of Turkey. According to this record, 12 of 61 cases had been concluded by the method of settlement in pais which amounts to 20 percent of the cases.

As a conclusion, during 17th and 18th century of Ottoman Empire, settlements in pais had been played an important role to facilitate and reduce the workload of the courts. At intervals, Ottoman intellectuals and thinkers encouraged the people to resort amicable settlements. After the establishment of modern “Nizamiye Courts” in 1870, law-maker preserved the concerning procedures by codifying them under the terms of “amicable settlement” and “release of debt”.

Alternative Dispute Resolutions in Modern Turkey
ADR In the Terms of Private Law
In Civil Code
Considering the actual legislation, article 213 of code of civil procedure states that “in every instance of the case, judge may call the parties or their attorneys to hear their declarations and he/she may encourage settle a dispute in case that there is an obvious hope for the settlement between the parties.

In Consumer Rights Law
Article 22 of the law on the protection of consumers’ rights law had been amended in 2003 in accordance to concerning EU directive. According to this article, concerning ministry must establish arbitration committees to settle the disputes which arise from the complaints of the consumers. Citizens should apply to these committees if the amount of consumer dispute is below 500 Turkish Liras. The decisions of the committees are binding for the parties. The decisions of the committees can be carried out under the law of enforcement and bankruptcy. Within the 15 days of the decision’s announcement, parties may object to the court but they can’t cease the execution of the judgment. In the case of an objection, consumer rights courts will examine the issue.

ADR In the Terms of Penal Law
According to Turkish Penal Law, parties of the settlement can be either real person or legal entity and it exists for the crimes which require civil claim. There are 27 particular crimes under this category. Moreover, the law on protection of the children lays down the particular crimes committing by the children.

ADR in Penal Procedure
According to Code of Penal Procedure, the dispute can be settled during the investigation section of the case and also prosecution section of the case. Considering the features of the crime if the conditions for the settlement are fulfilled, the prosecutor must try to settle the dispute.

To commence the settlement procedure firstly, the perpetrator must accept the crime and its liability and the damages must be compensated by him/her. Finally, the convicted should accept the settlement proposal. Besides, prosecutor or judge may appoint lawyers among from the bar association for the parties if they can’t reach to an accord with the selection of their lawyers who will settle the dispute.

There is no definite provision in the Code of Penal Procedure indicates the role of the mediator. But it can be inferred from the spirit of article 253 of the code that the role of mediators must be active and responsible for striking balance among the parties of the dispute.