Şirketlerde kontrol işlemlerine ilişkin hukuksal düzenlemelerin ekonomik mantığı
Özet
Ecer, Alaattin, Economical Logic of Regulations Related with Control Transations ofCompanies, Ph.D. Thesis, Advisor: Ass. Prof. Dr. Orhan Çelik, 230 p.ABSTRACTIn this dissertation, it is aimed to indicate from an economical aspect, the reasons of thecontinuance of the differences in corporation law by using mathematical techniques, inspite of the observed convergence in the legal arrangements on control transactions. It istried to find out answers to questions such as how the interest of conflicts between theshareholders and managers can be put under control under the structure forming thecorporations, why the mechanisms used with this aim are differentiating in differentcountries and how the economical reasons of this can be showed mathematically. In thetime passed, the basic applications related with corporation law under different legalsystems have been converging. An analysis of the interest of conflicts betweenshareholders and managers is made and the role of the corporation law is examined inthe area of minimizing agency problems related with control transactions. By searchingthoroughly control transactions applications by using mathematical tools and from atheoretical aspect, the role of the interaction between legal system, partnership structureand the capital markets is displayed. Under the assumption of the continuity of theglobalization in economic activities and the loss of the importance of the nationalboarders related with the economic activities, the increase resemblance of theapplications of corporation law is expected in the future. However, when the reasonsbehind the differences between the legal systems are explored, it can be predicted thatthe presence of the economic bases of these differences will continue for a while.