CONSTITUTIVE ELEMENTS OF THE COMPANY CONCEPT ACCORDING TO TURKISH LAW: RULES, EXCEPTIONS AND TRENDS

Abstract

One of the distinctions made for companies under Turkish law, and perhaps the most preferred, is the distinction made between commercial companies and ordinary partnerships. According to this distinction, while commercial companies have legal personality, ordinary partnerships constitute a general scope for corporate relations without legal personality. The elements that are valid for the concept of company are the elements that exist for all companies, regardless of their type, and are constitutive. Differences in the details of these elements and the different appearances they present create rules and exceptions. The compulsory elements for all types of companies can be listed as person, asset, common goal, contract and active effort. These elements are present in all companies, although their impact is felt in different ways. Otherwise, there may be a possibility of termination of the company relationship for just cause. The elements of the company concept should be re-evaluated within the framework of digitalization and technological developments in law. For this reason, efforts should be made to adapt to artificial intelligence technology in the establishment, management and supervision of companies.