The Problem of Whether the Article 20 A of the Privatization Enforcement Code No. 4046 Is “Lex Specialis” in Comparison to the Relevant Articles of Turkish Commercial Code
Keywords:
Privatization, Merger and Demerger of Joint Stock Companies, Lex Specialis- Lex Generalis, Preceding Code – Posterior Code, Enforcement of the LawAbstract
Within the scope of privatization, article 20 A of the Privatization Enforcement Code regulates provisions as to various ways of demergers or mergers of some companies whose whole capital belongs to the State. It is understood that these provisions are in one aspect “lex specialis” and in another aspect “lex generalis” in comparison to the provisions of the Commercial Code on demergers and mergers of commercial companies. Especially, due to the fact that, the Commercial Code comprises more detailed and special provisions to protect the creditors of merging companies, they should be applied to the facts about privatization. On the other hand, rather than decision-making process of companies on merger and demerger, administrative decisions taken under the Code no. 4046 should be enough. In the article, this problem is examined in the light of general rules and principles of interpretation.
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2016-01-15
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The Problem of Whether the Article 20 A of the Privatization Enforcement Code No. 4046 Is “Lex Specialis” in Comparison to the Relevant Articles of Turkish Commercial Code. (2016). FSM Scholarly Studies Journal of Humanities and Social Sciences, 6, 1-12. https://dergi.fsm.edu.tr/index.php/ia/article/view/697
