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ARTICLE · 23 AUGUST 2021

Adi Ortakliklarda Rekabet Yasaği

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Bir adi ortaklık içerisinde, ortaklar, müşterek bir amaç doğrultusunda hareket etmekte olup iş ve işlemlerinde ortaklığın yararına olacak şekilde hareket etmek durumundadırlar.

TurkeyAntitrust/Competition Law
Alper Örnek
Alper Örnek
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ÖZET

Bir adi ortaklık içerisinde, ortaklar, müşterek bir amaç doğrultusunda hareket etmekte olup iş ve işlemlerinde ortaklığın yararına olacak şekilde hareket etmek durumundadırlar. Bu birlikteliğin doğası gereğince, ortaklarından birinin ortaklığın aleyhine olacak şekilde diğer ortaklarla rekabet içerisine girmesi, adi ortaklığa ilişkin hükümlerin yer aldığı 6098 sayılı Türk Borçlar Kanunu ile haklı olarak yasaklanmıştır.

Anahtar Kelimeler: Adi Ortaklık, Müşterek Amaç Unsuru, Katılım Payı Borcu, Rekabet Yasağı.

GİRİŞ

Adi ortaklık, Türk hukukunda şekil serbestisini esas alan, daha çok kişisel öğelerin ön planda olduğu, birden fazla kişinin müşterek bir amaç için bir araya geldiği ve içerdiği hükümler açısından da en basit ortaklık türüdür. İşbu çalışmamızda öncelikle adi ortaklığın tanımı ve unsurları ele alınacak olup sonrasında ise ortakların müşterek amacı doğrultusunda sermaye zorunluluğu, kazanç ve zararın paylaşılması ve özellikle

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