{"title":"土耳其法律下国际商业合同标准条款和条件中管辖权条款的有效性","authors":"Biset Sena Güneş, Tuğçe Nimet Yaşar","doi":"10.1163/15730352-bja10096","DOIUrl":null,"url":null,"abstract":"<p>The standard terms and conditions that are appended to cross-border commercial contracts frequently contain jurisdiction clauses. Different legal systems have divergent rules and practices regarding these clauses, however, which may affect their validity and hence undermine certainty and predictability in international commerce. Thanks to its geostrategic location, Turkey is an important trading partner for some of the leading global trade players, particularly the European Union. Hence, companies doing business in Turkey may frequently include jurisdiction clauses in favour of a foreign court in standard terms and conditions. This paper examines the validity of such jurisdiction clauses from a Turkish legal perspective, with examples from case law.</p>","PeriodicalId":42845,"journal":{"name":"Review of Central and East European Law","volume":"32 1","pages":""},"PeriodicalIF":0.5000,"publicationDate":"2024-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Validity of Jurisdiction Clauses in Standard Terms and Conditions of International Commercial Contracts under Turkish Law\",\"authors\":\"Biset Sena Güneş, Tuğçe Nimet Yaşar\",\"doi\":\"10.1163/15730352-bja10096\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p>The standard terms and conditions that are appended to cross-border commercial contracts frequently contain jurisdiction clauses. Different legal systems have divergent rules and practices regarding these clauses, however, which may affect their validity and hence undermine certainty and predictability in international commerce. Thanks to its geostrategic location, Turkey is an important trading partner for some of the leading global trade players, particularly the European Union. Hence, companies doing business in Turkey may frequently include jurisdiction clauses in favour of a foreign court in standard terms and conditions. This paper examines the validity of such jurisdiction clauses from a Turkish legal perspective, with examples from case law.</p>\",\"PeriodicalId\":42845,\"journal\":{\"name\":\"Review of Central and East European Law\",\"volume\":\"32 1\",\"pages\":\"\"},\"PeriodicalIF\":0.5000,\"publicationDate\":\"2024-05-07\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Review of Central and East European Law\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1163/15730352-bja10096\",\"RegionNum\":4,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Review of Central and East European Law","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1163/15730352-bja10096","RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
Validity of Jurisdiction Clauses in Standard Terms and Conditions of International Commercial Contracts under Turkish Law
The standard terms and conditions that are appended to cross-border commercial contracts frequently contain jurisdiction clauses. Different legal systems have divergent rules and practices regarding these clauses, however, which may affect their validity and hence undermine certainty and predictability in international commerce. Thanks to its geostrategic location, Turkey is an important trading partner for some of the leading global trade players, particularly the European Union. Hence, companies doing business in Turkey may frequently include jurisdiction clauses in favour of a foreign court in standard terms and conditions. This paper examines the validity of such jurisdiction clauses from a Turkish legal perspective, with examples from case law.
期刊介绍：
Review of Central and East European Law critically examines issues of legal doctrine and practice in the CIS and CEE regions. An important aspect of this is, for example, the harmonization of legal principles and rules; another facet is the legal impact of the intertwining of domestic economies, on the one hand, with regional economies and the processes of international trade and investment on the other. The Review offers a forum for discussion of topical questions of public and private law. The Review encourages comparative research; it is hoped that, in this way, additional insights in legal developments can be communicated to those interested in questions, not only of law, but also of politics, economics, and of society of the CIS and CEE countries.
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