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Noterlik Hukukuna İlişkin İncelemeler

Noterlik Hukukuna İlişkin İncelemeler



Sayfa Sayısı
:  
184
Kitap Ölçüleri
:  
16x23 cm
Basım Yılı
:  
2011
ISBN NO
:  
978-605-5473-68-6

24,30 TL









ÖNSÖZ





Noterlik Hukuku, benim, uzun yıllardan beri yoğun emek ve mesai sarfettiğim alanlardan birisi konumundadır. Elinizdeki bu kitap, Şubat 2011 tarihine kadar Noterlik Hukuku’na ilişkin olarak yazmış bulunduğum makalelerimin kronolojik bir düzen içerisinde, esas itibariyle, orijinalliklerinin muhafaza edilip; ileride yürürlüğe girecek olan kanun (özellikle, yeni Borçlar Kanunu ve yeni Hukuk Muhakemeleri Kanunu) hükümleri ile de ilişkilendirilmesi suretiyle bir araya getirilmeleri sonucunda ortaya çıkmıştır.




Bu çalışmanın amacı, özellikle genç bilim adamlarının, Noterlik Hukuku’nun, bakir ve çok şey üretilmesine olanak veren, son derece dinamik ve gelişmeye açık bir hukuk disiplini konumunda bulunduğu hususunda dikkatlerini çekmek ve onları bu alanda makaleler yazmaya ve eserler üretmeye teşvik etmek, yüreklendirmektir.





İÇİNDEKİLER


ÖNSÖZ-V
İÇİNDEKİLER-V
KISALTMALAR CETVELİ-V
MAKALE - 1
YABANCI ÜLKE NOTERİ HUZURUNDA YAPILAN NOTER SENETLERİNİN TÜRKİYE\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\′DE İCRASI
(Türkiye Noterler Birliği Hukuk Dergisi, 1989/64, s. 19-20)-1
MAKALE - 2
İLÂMLI İCRA TAKİBİNİN DAYANAĞI OLARAK RE\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\′SEN DÜZENLEME BİÇİMİNDEKİ NOTER SENETLERİ
(Türkiye Noterler Birliği Hukuk Dergisi, 1994/81, s. 3-8)
A--RE\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\′SEN DÜZENLEME BİÇİMİNDEKİ NOTER SENETLERİNİN İLÂM NİTELİĞİNDE BELGE SAYILABİLMESİ İÇİN VARLIĞI GEREKLİ KOŞULLAR: -5
B--RE\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\′SEN DÜZENLEME BİÇİMİNDEKİ NOTER SENETLERİNİN ŞEKLİ VE BU ŞEKLİN GERÇEKLEŞTİRİLMESİ-5
C--RE\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\′SEN DÜZENLEME BİÇİMİNDEKİ NOTER SENETLERİNİN İCRASI-5
I- -Genel Olarak-5
II--Senedin Sahteliği İddiasının İcrasına Etkisi-5
MAKALE - 3
GENEL VEKÂLET (TEMSİL) ÖZEL VEKÂLET (TEMSİL) AYIRIMI
(Gazi Üniversitesi Hukuk Fakültesi Dergisi, 1998/II, 1-2, s. 45-50)
A--MADDÎ HUKUK İLE USUL HUKUKU AÇISINDAN-5
B--NOTERLİK HUKUKU AÇISINDAN-5
MAKALE - 4
AVUKATLIK KANUNU’NUN 56. MADDESİNİN V. VE VI. FIKRALARINDA SÖZÜ EDİLEN YETKİ BELGELERİ ÜZERİNEBAZI DÜŞÜNCELER
(Prof. Dr. Ergun Önen’e Armağan, İstanbul 2003, s. 365-372)
A--GENEL OLARAK VEKÂLET-5
B--AVUKATLIK KANUNU AÇISINDAN DURUMUN İRDELENMESİ-5
MAKALE - 5
NOTERLERİN KENDİ MEMURLARI ELİYLE TEBLİGATYAPMA ZORUNLULUKLARI VAR MIDIR ?
(Prof. Dr. Ergun Önen’e Armağan, İstanbul 2003, s. 357-363)
A--GENEL OLARAK MEMUR VASITASIYLA TEBLİGAT-5
B--NOTERLER AÇISINDAN DURUMUN İRDELENMESİ-5
I--Genel Olarak-5
II--Noterlik Memurları Eliyle Tebligat Yapılmasını Gerektiren Hallerin İrdelenmesi ve Sözü Edilen Tebligatta İzlenecek Olan Usul-5
MAKALE - 6
AVRUPA BİRLİĞİ ÜLKELERİNDE NOTERLİK VE NOTERLİK KANUNU’NDA DEĞİŞİKLİK YAPILMASINA DAİR KANUN TASLAĞININ GETİRDİKLERİ
(75. Yaş Günü İçin Prof. Dr. Baki Kuru’ya Armağan, İstanbul 2004, s. 577-597)
A--GENEL OLARAK-5
B--AVRUPA BİRLİĞİ ÜLKELERİNDE NOTERLİK-5
I--Noterlik Mesleğinin Yapılanması Açısından-5
II--Noterlerin Üstlenmiş Olduğu Görevler (İşlevler) Açısından-5
C--NOTERLİK KANUNU’NDA DEĞİŞİK YAPILMASINA DAİR KANUN TASLAĞININ GETİRDİKLERİ VE AVRUPA BİRLİĞİ ÜLKELERİYLE KARŞILAŞTIRILMASI-5
I--Noterlik Mesleğinin Yapılanması Açısından-5
II--Noterlerin Görevleri Açısından-5
MAKALE - 7
NOTERLERİN İŞLEVLERİ ALANINDA YENİ GELİŞMELER
(Türkiye Noterler Birliği Hukuk Dergisi, 2004/122, s. s. 15-23)
A--GENEL OLARAK-5
B--NOTERLERİN ÜSTLENMİŞ OLDUKLARI YENİ İŞLEVLER-5
MAKALE - 8
NOTERLERİN İŞLEVLERİ ALANINDAKİ YENİ AÇILIMLARVE BU BAĞLAMDA NOTERLİK KANUNU’NDADEĞİŞİKLİK YAPILMASINA DAİR KANUN TASARISI TASLAĞI’NIN İRDELENMESİ
(Türkiye Noterler Birliği Hukuk Dergisi, 2004/124, s. 56-68)
A--GENEL OLARAK-5
B--NOTERLERİN ÜSTLENMİŞ OLDUKLARI YENİ İŞLEVLER VE NOTERLİK KANUNU’NDA DEĞİŞİKLİK YAPILMASINA DAİR KANUN TASARISI TASLAĞI’NIN İRDELENMESİ-5
MAKALE - 9
NOTERLERİN TESPİT İŞLERİ
(Legal Medenî Usûl ve İcra-İflâs Hukuku Dergisi, 2006/3, s. 593-605)
A--GENEL OLARAK-5
B--NOTERLERİN TESPİT İŞLEMLERİNİN KAPSAMI-5
MAKALE - 10
İŞLEVSEL AÇIDAN NOTERLİK KURUMUNAYENİ BİR VİZYON KAZANDIRILMASINA YÖNELİKBAZI DÜŞÜNCELER
(Medenî Usûl ve İcra-İflâs Hukukçuları Toplantısı VIII, Türk-Alman ve İsviçre Hukukunda İflâs, Konkordato ve Noterlik Alanında Gelişmeler, Abant 09-10 Ekim 2009, Ankara 2010, s. 495-521)
A--GENEL OLARAK-5
B--NOTERLERİN ÜSTLENMİŞ OLDUKLARI YENİ İŞLEVLER-5

MAKALE - 11
TÜRK HUKUKU BAĞLAMINDA ÇEKİŞMESİZ YARGIVE NOTERLİK
(Prof. Dr. Fırat Öztan’a Armağan, Ankara 2010, s. 2013-2036)
A--GENEL OLARAK-5
B--YARGI İŞLEVİ VE ÇEKİŞMESİZ YARGI KAVRAMLARI-5
I--Yargı İşlevi Kavramı-5
II--Çekişmesiz Yargı Kavramı-5
C--ÇEKİŞMESİZ YARGI İŞLERİNİN MAHKEMELER DIŞINDA KALAN BAŞKACA KURUM VE KURULUŞLARA VE BU BAĞLAMDA NOTERLERE BIRAKILIP BIRAKILAMAYACAĞI HUSUSUNUN ANAYASA’YA UYGUNLUK AÇISINDAN DEĞERLENDİRİLMESİ-5
D--ÇEKİŞMESİZ YARGI İŞLERİNDEN HANGİLERİNİN NOTERLERE BIRAKILABİLECEĞİ-5
MAKALE - 12
HUKUK MUHAKEMELERİ KANUNU TASARISI’NINNOTERLERİ İLGİLENDİREN HÜKÜMLERİNİNTESPİTİ VE DEĞERLENDİRİLMESİ
(Türkiye Adalet Akademisi Dergisi, 2011/4, s. 1-16)-161