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Türk Ticaret Kanunu Çerçevesinde Sermaye Şirketlerinde Pay Oranlarındaki Değişikliklerin Bildirilmesi, Tescili ve İlanı Yükümlülüğü
No full textSermaye şirketlerinde belirli oranlarda pay değişikliğinin sermaye şirketine bildirilmesi, ticaret siciline tescili ve ilanı yükümlülüğü düzenlenmiştir. Söz konusu yükümlülüğün düzenlendiği hükümler TTK m 198, 338 ve 574 hükümleridir. Bu düzenlemeler birbirinden kopuk olmayıp, bu maddelerde düzenlenen yaptırımların aynı anda uygulanması gündeme gelebilir. Hükümler gerek bildirim, tescil ve ilan süreleri, gerek yükümlülüklerin kimler için söz konusu olacağı, gerek yükümlülüğe aykırılık halinde yaptırımın uygulanacağı kişiler bakımından çeşitli sorunlara yol açmaktadır. Bu çalışmada her üç hüküm birlikte ele alınarak açıklamalar yapılmış, hisse senetlerinin devrine ve şirkete karşı pay sahipliği sıfatının kazanılmasına ilişkin düzenlemeler karşısında bu hükümlerin konumu ele alınmış, hükümlerin amacı ve Ticaret Sicili Yönetmeliği hükümleri çerçevesinde ortaya çıkacak sorunlara çözüm önerileri getirilmeye çalışılmıştır
Living a Shorn Life : On the Relationship between Men and Objects in Henry James’s The Spoils of Poynton
No full textThis essay, “Living a Shorn Life,” analyzes the relationship between human and objects in Henry James’s The Spoils of Poynton. The essay discusses how objects have played a symbolic role in the work, offering two major critical perspectives. One perspective views objects as abstracted and interpreted as fetishism in consumer society and imperialism, while the other is a phenomenological approach that understands the relationship between men and objects based on human life. The essay examines how the organic integration of men and objects has been lost and analyzes how the characters become obsessively attached to objects. In particular, it shows how Mrs. Gereth’s projection of her self onto antiques drives the story forward and how the relationship between men and objects collapses as these collectibles are portrayed as spoils. The essay also points out how the obsession with objects intersects with capitalism and imperialism, and how the influence of Swedenborgian thought, studied by James’s father, is reflected in the work. In contrast, the modest atmosphere of Ricks and the relationship between the departed and her belongings, which evoke memories of the dead, is thoroughly explored to highlight the difference from the former. This essay demonstrates that The Spoils of Poynton goes beyond the mere inheritance of antiques, reflecting broader social issues, and explores how the relationship between men and objects reflects James’s awareness of his time
The Fictional Other and the Real Other : Who does G. Bataille Communicate with ?
No full textWith whom does Bataille desire communication? This paper（re）considers communication, a central theme of French thinker Georges Bataille（1897―1962）. Just as Christian mystics imagined the torture of Christ as if it were happening to them and used it as an opportunity for mystical experiences, Bataille experiences self-loss by meditating on grueless photographs of Chinese death row inmates being cut up while still alive. Unlike communication, which is generally considered to be the sharing of information or emotions, for Bataille, communication is the sharing of self-loss. With whom does Bataille share his self-loss in front of the photographs ? The death row inmate who is dying, Bataille considers. And by describing this process, he hopes that the reader will experience self-loss, and that communication will be realized. In other words, there are two types of people with whom Bataille seeks to communicate : fictional others（characters） and real others （readers）. These two types of others are not equivalent. For Bataille, who lives in the real world, his communication partners are above all readers who also live in the real world. However, Bataille as a writer is unable to communicate directly with real readers. For this reason, he necessarily needs to represent the self-loss of the characters in the fictional world, which is the reason literature gained increased importance in Batailleʼs writing activities
Historical Developments in Ensuring Education for Children undergoing Medical Treatment : Focusing on Developments in English-speaking Countries
No full textIn this article, in order to obtain clues for the historical verification of education for sick children, the historical development of such education are reviewed to obtain a historical perspective on the guaranteeing education for children undergoing medical treatment, focusing mainly on English- speaking countries. The reason for focusing on developments in English-speaking countries in this paper is that it may be useful to note the development of the so-called “new history of medicine.” In the UK, it is confirmed that educational guarantees for sick children were institutionalized from an early stage along with the development of childrenʼs hospitals. In the US, it is also confirmed that educational guarantees for children who require medical care has been established at the federal level, and that the scope and scope of the guarantees has been expanded, sometimes accompanied by litigation. In Canada, it is confirmed that the development of the Toronto Childrenʼs Hospital, based on previous research is a noteworthy example. The impact and influence of COVID-19 in the recent past is also outlined. It is considered necessary for children undergoing medical treatment to learn in a special environment due to their health and medical constraints. Discussions on inclusive education have become active, and the goal is for all children to learn in the same place. On the other hand, children undergoing medical treatment must be treated as an exception. If that is so, then the need to maintain and develop a system that continues learning in parallel with treatment should be universally explored. It is necessary to continue to consider this question
Technology and Structural Transformation in the Legal Profession : Future Prospects of Legal DX Driven by Legal Tech and ALSP Business Models
No full textTechnology is reshaping the legal profession, influenced not only by external factors but also by innovations emerging internally from its own practices. The professional framework in which these changes are taking place plays a pivotal role in shaping how technology is adopted and the direction of future advancements. Legal Tech startups and Alternative Legal Service Providers（ALSPs）are leading this transformation by focusing on standardizing and formalizing legal processes. These efforts hold the potential to evolve into platform-based business models, redefining aspects of the legal profession and driving structural change. This article argues that the future of legal innovation depends on two key factors : the standardization of practices and the embrace of internal transformation. It underscores the importance of legal professionals actively participating in these developments, rather than relying solely on external forces. Using Japan as a case study, the article highlights the challenges faced in a jurisdiction with a relatively small legal profession and a narrowly defined market. Limited standardization and technological adoption stand in stark contrast to the United States, where ALSPs are actively establishing new standards and advancing the legal profession through innovation
Land Tenancy and Surplus Distribution on Tanah Bengkok in Rural Java, Indonesia
No full text【論文】インドネシア・ジャワ島には，世界的にも珍しい職田（tanah bengkok ）という制度が現在も存在する．この制度の下では，住民の直接選挙で選出される村長に対し，その報酬として，給与ではなく，村の共有地の耕作権が与えられる．職田は，村長自らが農業経営に利用することもあるが，分益小作や定額地代小作に出されることも多い．職田の利用に関する詳細は，小規模な村落調査を除くとほとんど知られていない．そこで我々は2018年に130村をカバーする農村調査を実施し，1,800家計を超える農地貸出家計と借入家計の詳細なデータを収集した．定額地代の水準や分益比率など，経済余剰の配分を決めるパラメータには村内・村間両方で違いがあるが，職田と私有地の間でどちらが小作農に有利かという点で明確な差は見られない．同様に，職田保有者と小作農の間で経済余剰がどう配分されているかの試算結果からも，2つの小作形態のどちらが有利かに関して明確な違いが現れなかった．他方，小作農の特徴に着目すると，分益小作農は定額小作農よりも貧困家計が多く，その傾向は私有地よりも職田において明確であった．Tanah Bengkok in rural Java, Indonesia, is a unique institution wherein elected village heads receive usufruct rights to parcels of land owned by the village in lieu of salary. Despite its relevance to the political economy of land distribution in Java, the unavailability of systematic data has constrained in-depth empirical research on bengkok land. In 2018, we surveyed 130 villages and more than 1,800 households in Java. We found substantial heterogeneity in the incidence and usage patterns of bengkok land across and within villages. We also observed variations in contract parameters of sharecropping or fixed rental between bengkok and private plots, with no clear pattern favoring tenants or otherwise. Our estimates of the surplus distribution between bengkok landlords and tenants under sharecropping or fixed rental show no clear pattern either. By contrast, the characteristics of tenants significantly differ between fixed rental tenants and sharecroppers(on average, sharecroppers are poorer), and this contrast is more evident on bengkok plots than on private land
Characteristics and Considerations When Temiro Expresses a Supposition
No full text研究論文本稿では，仮定を表すテミロに関する先行研究を整理し，そのうえで仮定を表すテミロが成立する際の特徴と，仮定を表すテミロがなぜ命令形で命令を表せないのかを中心に考察した。仮定を表すテミロが成立する場合の特徴は，「①動作主の人称に基本的には制限がない。」「②意志性の動詞も無意志性の動詞も前接する。」「③無標の命令形（シロ）には書き換えられない。」「④条件節への書き換えができ，その場合は無標の形になる。」の4 つである。また，仮定を表すテミロが命令形でありながら，純粋な命令を表さない理由について，補助動詞テミルの意味，命令形，望ましさの観点から考察した。その結果，補助動詞テミルの試行の意味と本動詞の視覚的な影響，さらに，命令形の動作主の人称の制限，動詞の意志性の有無，話し手の行為遂行の望ましさが命令形の成立要件から外れるため，その行為の要求を意味しなくなったことを述べた