Prof. Dr. İsmail Kayar General Overview

Education Status:
Undergraduate – Faculty of Law – Istanbul University – 1987
Master’s Degree – SBE – Private Law – Marmara University – 1989
Doctorate – SBE – Private Law – Istanbul University – 1994
Academic Titles
Assistant Professor Title Awarding Date: 1994
Associate Professor Title Awarding Date: 13.11.2000
Professor Title Awarding Date: 08.06.2006
Postgraduate Theses
Master’s Thesis: Minority Rights in Joint Stock Companies (Advisor: Prof. Dr. Fahiman TEKİL)
Doctorate Thesis: Deterioration of Financial Situation in Joint Stock Companies and Measures to be Taken (Supervisor: Prof. Dr. Ömer TEOMAN)
Foreign Language
English
PhD and Master Theses directed by Prof. Dr. İsmail Kayar:
PhD Theses
1. KAYA, V. Comparative Analysis of the Structure and Powers of the Turkish Competition Authority with the US Competition Authority FTC (PhD Thesis) Cumhuriyet University,2020
2.TAMER, S. Biotechnology Applications in Agriculture and Patentability of Such Inventions, (PhD Thesis) Selçuk University, 2019
3.TEKTEN, E. Representation of the Shareholders in the General Assembly of Joint Stock Companies (PhD Thesis) Erciyes University, 2017
Master Theses
1. KELEKÇİ, S. Unfair Competition Through Denigration, Altınbaş University, 2019
2.GÖKÇEN, O. Legal Status of Pledged and Leased Goods and Receivables in Concordatum, Altınbaş University, 2019
3.ALTINBAŞ YILDIRIM, F. Agenda and Agenda Commitment Principle in the General Assembly of Joint Stock Companies, Altınbaş University, 2019
4.DÜNDAR, F. Limitation and Dismissal of Managers in Limited Companies, Altınbaş University, 2019
5.AYDIN, F. Termination of Joint Stock Company Due to Deficiencies in Establishment, Erciyes University, 2016
6.ÖZKÖK, B. Invalidity of Well-Known Brand Due to Non-Use, Erciyes University, 2014
7.YILDIRIM, H, Risk and Interests in Transport Liability Insurances, Erciyes University, 2014
8.KARAAHMETOĞLU, İ.Ö, Representation of Limited Liability Company, Erciyes University. 2013
9.YÜCE, A.A, Annulment of Joint Stock Company Board Decisions, Erciyes University, 2013
10.DELİCE, E. Relations between Partners in Ordinary Partnership, Erciyes University, 2013
11.ÇİFTÇİ, Ş, Protection of Trademark Rights with Punishment Norm, Erciyes University, 2012
12.ÖZÜLKÜ, Bad Checks According to the Check Law No. 5941 and the New Turkish Commercial Code, Erciyes University, 2011
13.ALTINKAYNAK, A, Audits in Joint Stock Companies according to the Turkish Commercial Code and Draft Turkish Commercial Code, Erciyes University, 2009
14.İLBASMIŞ, Ö. Profit Distribution in Public Joint Stock Partners, Erciyes University, 2008
15.SEYFİ, R. Postponement of Bankruptcy in Capital Companies, Erciyes University, 2008
16.YÜZGEÇ, S. H. Cooperative General Assembly and Annulment of General Assembly Resolutions, Erciyes University, 2008
17.SOYSAL, T. Protection of Internet Domain Names, Erciyes University, 2004
18.ÖZDEMİR, N., Trial Procedure in Commercial Cases, Evidence and Proof, Erciyes University, 2008
19.KÖSE, A. Capital Markets Board as an Independent Administrative Authority (Organizational Structure, Duties, Powers and Responsibility) Erciyes University, 2001
Publications
BOOKS
1. Commercial Law According to Law No. 6102, 5th Edition, Seçkin Yayınevi, Ankara, 2019
2. Commercial Law Case Studies, (Partner) 4th Edition, Adalet Yayınevi, Ankara 2019
3. Commercial Enterprise Law, 11th Edition, (XX + 405 p.), Seçkin Yayınevi, Ankara 2018
4. Law of Commercial Papers, 7th Edition, (280 p.), Seçkin Yayınevi, Ankara 2013
5. Corporate Law, (XX + 274 p.), Detay Yayınevi, 4th Edition, Ankara 2008
6. Law of Obligations, 11th Edition, (368 pp.), Seçkin Publishing House, Ankara 2019
7. Basic Concepts of Law (Together with Prof. Dr. İlhan Üzülmez), 11th Edition, (408 pp) Seçkin Yayınevi, Ankara 2018
8. Dividend Rights of the Shareholders in the Joint Venture, Kayseri 2006
9. Capital Market Legislation and Ethical Rules, İfa Yayınevi, Istanbul 2002
10. Protection of Stock Investors According to Capital Markets Law and Turkish Commercial Code, Kayseri 2000
11. Deterioration of the Financial Situation in the Joint Stock Companies and the Measures to be Taken, Konya 1997
ARTICLES
1. General Assembly Decision on the Liability of the Board Members of the Joint Stock Companies, Symposium on Current Problems of Corporate Law, Seçkin Yayınevi, İstanbul, 2019
2. Negligence and Proof in the Case of Liability of the Board Members of the Joint Stock Companies (with Y. Özatlan), Terazi Hukuk Dergisi, Special Issue March 2019
3. Concepts of Capital, Fee, Additional Payment and Personal Liability in Cooperatives Within the Framework of the Decisions of the Court of Appeals XXX. Commercial Law and Court of Appeals Decisions Symposium, Banking and Commercial Law Research Institute Publication, Ankara 2017
4. Detection and Results of Capital Loss and Insolvency in Joint Stock and Limited Companies, Waiting for the New Turkish Commercial Code Symposium, 2012, MÜHAD, C.18, P.2
5. Evaluation of New Turkish Commercial Code Provisions in Terms of Competition Law, (with Research Assistant Özlem İlbasmış Hızsoy) Current Developments in Competition Law Symposium-IX, Ankara 2011
6. The Consequences of Non-Compliance with the General Assembly Meeting and Decision Quorums in Joint Stock Companies and Cooperatives and the Effects of the Annulment Decisions, Erciyes University Faculty of Law Journal, C. III, S. 2, Year 2008
7. Assessment of Court of Appeals 19. Circuit’s Decisions on Postponement of Bankruptcy, XXIII. Commercial Law and Court of Appeals Decisions Symposium, Banking and Commercial Law Research Institute Publication, Ankara 2009
8. Evaluation of the Court of Appeals Decisions Regarding Debt Insolvency and Improvement Project in Postponement of Bankruptcy, EÜİİBF Journal, Issue: 33, July-December 2009, pp.19-45
9. Trusteeship in Postponement of Bankruptcy Prof. Dr. Hüseyin Ülgen Gift, C. II, İstanbul 2007.
10. The Results of Non-Compliance with the General Assembly Meeting and Decision Quorums in Joint Stock Companies and Cooperatives and the Effects of the Annulment Decision Erciyes University Faculty of Law Journal, C. III, S. 2, Year 2008
11. Postponement of Bankruptcy in Capital Companies, Bakış Dergisi, Issue 8, January 2008
12. European Union’s 2005/29 / EC Unfair Commercial Practices Directive Translation (with Res. Assist. Özlem İlbasmış) Erciyes University Faculty of Law Journal, C. I, Issue 1, Kayseri 2006
13. The Problem of the Validity of the Late Charge Record Included in the Invoice (with Res. Assist. Pınar Turgut) Erciyes University Faculty of Law Journal, C. I, Issue 2, Kayseri 2006
14. An Evaluation on Professional / Ethical Rules in the Capital Market, Erciyes University Journal of Social Sciences, Issue 2, Year 2005
15. An Evaluation on Professional / Ethical Rules in the Capital Market, Erciyes University Journal of Social Sciences, Issue 2, Year 2005
16. Evaluation of the Trade Registry, Commercial Books and Cash Account Provisions of the Draft Turkish Commercial Code, Yeditepe University Faculty of Law Journal, Vol. II, Issue 1, (p. 353-381) Year 2005.
17. Profit Distribution in Public Joint Stock Companies in Terms of the Protection of Stock Investors, Dr. Ünal Tekinalp’e Armağan, C. I, (s. 455-494), İstanbul 2003
18. Trade Name and Registration of the Ordinary Company in the Trade Registry, Prof. Dr. 55th Birthday Gift to Ömer Teoman, C. I, (p. 479-494), Istanbul 2002
19. The Concept of Control in Mergers and Acquisitions in Competition Law, Symposium of Current Developments in Competition Law I, Competition Authority Publication, (p.151-194), Ankara 2003
20. Non-competition of Managers-Partners in Limited Liability Companies, (Together with İlyas Çeliktaş) Prof. Dr. In Memory of Fahiman Tekil, (p. 309-319), Istanbul 2003.
21. What is Changing in the Check Law, Journal of Kayseri Bar Association, (p. 23-37), Year 8, Issue 23, (January 2002)
22. Consumer Protection in Consumer Loans, Erciyes University, Journal of Faculty of Economics and Administrative Sciences, Issue: 16, Year: 2000
23. An Analysis of the Decision Regarding the Bankruptcy and Postponement of Bankruptcy Due to the Deterioration of the Financial Situation in Joint Stock Companies and Limited Liability Companies, Supreme Court Journal, Vol.26, p.3 (July 2000)
24. Interest in Cash Account, Journal of Banking and Commercial Law, Vol.XX, p.3 (June 2000)
25. Deterioration of the Financial Situation and Measures to be Taken in the Limited Liability Companies, Prof. Dr. Erdoğan Moroğlu’na 65. Yaş Günü Armağanı, İstanbul 1999
26. Lawyer’s Attitudes Towards Advertising and Advertising Ban: A Research on Turkey’s Top Five Provinces (Together with Yunus Dursun) Atatürk University, Faculty of Economics Journal, C.11, S. 3-4, Year 1997
27. Legal Structure of Free Zones, Advantages and Effects on Turkish Foreign Trade, Kayseri Chamber of Commerce Magazine, Year 3, Issue 9, (April-May 1997)
28. Validity and Implementation of Provisions Authorizing the Bank to Unilaterally Increase Interest Rates in Loan Contracts, Gazi University, Faculty of Law Magazine, Prof. Dr. Gift to Naci Kınacıoğlu Vol.1, p.2 (December 1997)
29. The Legal Nature of Excess Payments Made by Banks and the Problem with Their Reimbursement, Banking and Commercial Law Journal, C. XIX, Issue 1 (June 1997)
30. Advertising and Advertising Ban in Legal Services Provided by Lawyers (with Assist. Prof. Dr. Yunus Dursun) Journal of Kayseri Bar Association, Year 3, Issue 5 (October 1995)
31. Rights and Duties of Spouses in Marriage According to Turkish Law, Erciyes University, Journal of Social Sciences Institute, Year 1994, Issue 5
32. The Right of the Minority to Decide on the Postponement of the Discussions Regarding the Balance Sheet at the General Assembly Meetings of the Joint Stock Companies, Istanbul Bar Association Journal, Vol. 67, p. 4-5-6, (April, May, June 1993).
33. The Rights Provided to Workers by Free Movement in the European Community and the Problem of Free Movement of Turkish Workers, Erciyes University, Journal of the Faculty of Economics and Administrative Sciences, Year 1993, Issue 10
34. Minority’s Right to Convene the General Assembly Meeting of the Joint Stock Company, Istanbul Bar Association Magazine, Vol. 66, p. 4-5-6, (April, May, June 1992)
35. Comparison of the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the provisions of the MÖHUK Law No.2675 Erciyes University, Journal of the Faculty of Economics and Administrative Sciences, Year 1991, Issue 9
COMMUNIQUÉ PRESENTED IN SCIENTIFIC MEETINGS
Papers presented at international scientific meetings and published in the communiqués book
1. Turkish Lawyers’ Attitudes Towards Advertising and Advertising Ban (with Yunus Dursun), Enriching Marketing Practice and Education, Atlanta 1997, USA
2.Minority Shareholders Right to Winding Up A Joint Stock Corporation on the Ground Of Just Cause, Second Balcan Symposium, 12 October 2012, Tirana, Albania
Communiqués Presented at National Meetings
1. Algorithmic Orders in the Borsa İstanbul Stock Market and Their Legal Results, Capital Market Law Symposium, Özyeğin University. Faculty of Law. 09.05.2018
2. Negligence and Proof in the Case of Liability of the Board Members of the Joint Stock Companies (with Y.Özatlan. Commercial Law Symposium-1, Altınbaş University. Faculty of Law 27.04.2018)
3. General Assembly Decision on Liability Lawsuits to be Filed Against Board Members of the Joint Stock Companies, Symposium on Current Problems of Corporate Law, Özyeğin University, Faculty of Law 30.10.2017
4. Dividend Limitations in Capital Companies Creating Justified Reason for Termination and Withdrawl, Individual and Minority Rights Symposium in Joint Stock Companies, Başkent University Faculty of Law 22 May 2017
5. Concepts of Capital, Fee, Additional Payment and Personal Responsibility in Cooperatives within the Framework of the Court of Appeals Decisions, XXX. Symposium on Commercial Law and Court of Appeals Decisions, Banking and Commercial Law Institute, 23 December 2016, Ankara
6. Detection and Results of Capital Loss and Insolvency in Capital Companies according to the New Turkish Commercial Code, Waiting for the New Turkish Commercial Code Symposium, Marmara University. Faculty of Law, 10-11-12 May 2012, Istanbul
7. Minority Rights and Termination by Good Cause in Joint Stock Companies According to the New Turkish Commercial Code, Akdeniz University. Faculty of Law. 28-29 April 2012, Antalya
8. Evaluation of the New Turkish Commercial Code Provisions in Terms of Competition Law, IX. Symposium on Current Developments in Competition Law, 6 May 2011, Ürgüp-Nevşehir
9.Provisions Concerning Notary Law in the New Turkish Commercial Code, The Panel on Rights and Obligations Brought to Notary Publics by Code of Civil Procedure, New Code of Obligations, New Turkish Commercial Code, April 2011, Kayseri
10. Shareholders Rights and Right of Termination by Good Cause According to the New Turkish Commercial Code, Adana Chamber of Commerce, May 2011
11. Assessment of Court of Appeals 19. Circuit’s Decisions on Postponement of Bankruptcy XXIII. Commercial Law and Court of Appeals Decisions Symposium, Banking and Commercial Law Institute 12 June 2009 Ankara
12. Advertising Ban and Unfair Competition in the Profession of Attorneyship, Eskişehir Bar Association, April 2009
13. Evaluation of the Trade Registry, Commercial Books and Current Account Provisions of the Draft Turkish Commercial Code, (Draft TCC Symposium, Yeditepe University, Faculty of Law, 27-28 May 2005, Istanbul)
14. Evaluation of Notary Transactions in Terms of the Representation of Joint Stock Companies and Limited Liability Companies in terms of Commercial Law, Notaries Union, Central Anatolia Chamber of Notaries, 18 March 2004
15. Acquisition of Control in Inter-Business Concentrations in Competition Law, Current Developments in Competition Law Symposium-I, April 2003
Administrative Experience
2017 – 2019: Altınbaş University. Dean of Faculty of Law
2006 – 2012: Erciyes University. Dean of Faculty of Law
2004 – 2006: Erciyes University. Faculty of Law Deputy Dean – Faculty Founder
2004 – 2012: Erciyes University Senate and Board Member
2004 – 2008: Member of Erciyes University Ethics Committee
2005 – 2008: Erciyes University Foundation Board Member – General Secretary
2004 – 2008: Erciyes Teknopark AŞ Board Member (Representing the University)
2006 – 2009: Erciyes Research, Project, Education and Development Cooperative Board Member (Representing the University)
2002 – 2005: Erciyes University, Social Sciences Institute Assistant Director
1998 – 2000: University-Industry Cooperation Foundation Membership