Trust Responsibility Arising From Within the Companies Community

Trust Responsibility Arising From Within the Companies Community

Efe Dündar (Muğla Sıtkı Koçman Universty, Turkey)
Copyright: © 2019 |Pages: 23
DOI: 10.4018/978-1-5225-5547-6.ch010

Abstract

Within the scope of Turkish Commercial Code, Turkey is the first state to regulate the responsibility of corporate groups adopted with the Wibru/Swissair verdict of Switzerland Supreme Court (BGE 120 II 331) arising out of trust in society or consumers in its national legislation. The main subject of the study is the provision regulated in article 209.
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Founding Terms For Responsibility Arising From Trust

Some terms and factors are required to be available together in order to be held responsible for the responsibility arising from trust within the context of Article 209 of Turkish Commercial Code. In determination of these terms, which can also be defined as founding terms, evaluation and analysis of the article of law and reason are together will specify the boundary lines of the scope of responsibility arising from trust in a definite manner.

In this regard, our first subject of study will be determining as a result of which cases the group of companies come into being. After the boundaries of group of companies are determined, the concepts “reputation” and “trust”, which come to the forefront as the second founding term and are within the article of law and the relevant reason, will be evaluated. Because in order to be held responsible for responsibility arising from trust; being included only within the controlling company structure of group of companies is not considered as sufficient alone, apart from being controlling company within groups of companies in terms of determining absolute reality and limits of responsibility, the confidence and reputation created by group of companies within the community are also required to have a significance to the extent determined by law.

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