Cukurova Finance International Ltd V Alfa Telecom Turkey Ltd
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Cukurova Finance International Ltd V Alfa Telecom Turkey Ltd
, , , , and were a series of judicial decisions of the Judicial Committee of the Privy Council, one of which ( 013UKPC 2) is a leading case on the remedy of appropriation for security interests that was introduced into United Kingdom law under the ''Financial Collateral Arrangements (No.2) Regulations 2003'', which implemented the ''Financial Collateral Arrangements Directive''. Together with its related appeals on preliminary and subsequent issues, it has defined the scope of the remedy, as well as what equitable relief may be available. The case came before the Privy Council on no less than six separate occasions. The case has been called "the British Virgin Islands equivalent of '' Jarndyce v Jarndyce''". Background Introduction of the appropriation remedy Before 2003, English law provided that, other than the rules relating to self-dealing, there was no rule in equity which precluded a lender from stipulating for any collateral advantage, provided that the stipulation ...
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Judicial Committee Of The Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, except for the United Kingdom itself.P. A. Howell, ''The Judicial Committee of the Privy Council, 1833–1876: Its Origins, Structure, and Development'', Cambridge, UK: Cambridge University Press, 1979 Formally a statutory committee of His Majesty's Most Honourable Privy Council, the Judicial Committee consists of senior judges who are Privy Councillors; they are predominantly justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth of Nations. Although it is often simply referred to as the "Privy Council", the Judicial Committee is only one constitu ...
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Foreclosure
Foreclosure is a legal process in which a lender attempts to recover the balance of a loan from a borrower who has Default (finance), stopped making payments to the lender by forcing the sale of the asset used as the Collateral (finance), collateral for the loan. Formally, a Mortgage law#Mortgage lender, mortgage lender (mortgagee), or other lienholder, obtains a termination of a Mortgage law#Borrower, mortgage borrower (mortgagor)'s Equity of redemption, equitable right of redemption, either by court order or by operation of law (after following a specific statutory procedure). Usually, a lender obtains a security interest from a borrower who mortgages or pledges an asset like a house to secure the loan. If the borrower default (finance), defaults and the lender tries to Repossession, repossess the property, courts of equity can grant the borrower the Equity of redemption, equitable right of redemption if the borrower repays the debt. While this equitable right exists, it is ...
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Turkcell
Turkcell İletişim Hizmetleri A.Ş. (''lit. Turkcell Communication Services'') (, ) is the leading mobile phone operator of Turkey, based in Istanbul. The company has 39.3 million subscribers as of September 2021. In 2015, the company's number of subscribers climbed to 68.9 million, in nine countries. The largest shareholder is Turkey Wealth Fund with 26.2% ownership. It is one of the world's biggest companies (Fortune 2000) list published by ''Fortune''. Turkcell has also developed Yaani, a browser for mobile and desktop. Turkcell's general manager is Ali Taha Koç. Company background In February 1994, Turkcell started Turkey's first GSM network. In Q3 2012, it had a market share of 52.4%. Its competitors were Vodafone with a market share of 27.9% and Avea with a market share of 19.7%. Turkcell is the first Turkish company to be listed on the New York Stock Exchange, where its shares have been traded since 11 July 2000 along with trading on the Istanbul Stock Exchange. ...
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Controlling Interest
A controlling interest is an ownership interest in a corporation with enough voting stock shares to prevail in any stockholders' motion. A majority of voting shares (over 50%) is always a controlling interest. When a party holds less than the majority of the voting shares, other present circumstances can be considered to determine whether that party is still considered to hold a controlling ownership interest. In the United States, Delaware corporations have a 2/3 vote requirement for a motion to pass. In theory, this could mean that a controlling interest would have to be over two-thirds of the voting shares. A 2019 study published in the Virginia Law Review said dual-class stock structures, common to newly public technology companies, creates governance risks and costs, including the potential loss of economic value for non-voting shares held by public investors. See also * Consolidation (business) * Holding company * Minority interest * Parent company * Subsidiary A subsi ...
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Mortgage Law
A mortgage is a legal instrument of the common law which is used to create a security interest in real property held by a lender as a security for a debt, usually a mortgage loan. '' Hypothec'' is the corresponding term in civil law jurisdictions, albeit with a wider sense, as it also covers non-possessory lien. A mortgage in itself is not a debt, it is the lender's security for a debt. It is a transfer of an interest in land (or the equivalent) from the owner to the mortgage lender, on the condition that this interest will be returned to the owner when the terms of the mortgage have been satisfied or performed. In other words, the mortgage is a security for the loan that the lender makes to the borrower. The word is a Law French term meaning "dead pledge," originally only referring to the Welsh mortgage (''see below''), but in the later Middle Ages was applied to all gages and reinterpreted by folk etymology to mean that the pledge ends (dies) either when the obligati ...
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Alfa Group
Alfa Group Consortium () is a Russian international privately owned investment groups, with interests in oil and gas, commercial and investment banking, asset management, insurance, retail trade, telecommunications, water utilities and special situation investments. The group was founded in 1989 as ''Alfa-Eco'' by Israeli-Russian businessman Mikhail Fridman together with US/(former USSR) businessman Anatoly Potik.Alfa Eco was formed as a joint venture by Anatoly Potik's company ADP Trading (20% stake) and Mikhail Fridman's company Alfa-Foto (80% stake) Russian Ministry of Finance TIN Number 7728112961 Later German Khan, Alexei Kuzmichov, Alexander Kushev, and several other partners joined. As a holding company, in the financial year ending December 2010 Alfa Group had total assets of US$59,900 million, total equity of US$21,790 million and profit for the financial year of US$2,810 million. Return on shareholders' equity were recorded at 13.4%. In April 2012, Altimo sold it ...
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Çukurova Holding
Çukurova Holding, established in 1923, is an industrial and commercial conglomerate based in Turkey. It is engaged in a range of sectors such as industrial, construction, communication and IT, media, transportation, financial services and energy.ForbesMehmet Emin Karamehmet/ref> Çukurova Holding managed its newspapers, magazines and radio stations under TurkMedya, in the Çukurova Media Group, but transferred most remaining media assets to the state TMSF in 2013, in settlement of a tax debt. Çukurova has been involved in litigation since 2005 over part-ownership of Turkcell. Media On 18 May 2013 Çukurova Media Group transferred a substantial number of its properties to the state TMSF, in partial settlement of a tax debt. With various media properties closed down in previous years, it leaves Çukurova with few media assets. Digital TV broadcasting and services Digiturk was incorporated as a digital platform in May 1999. Digiturk purchases, produces and packages Turki ...
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Natural Person
In jurisprudence, a natural person (also physical person in some Commonwealth countries, or natural entity) is a person (in legal meaning, i.e., one who has its own legal personality) that is an individual human being, distinguished from the broader category of a legal person, which may be a private (i.e., business entity or non-governmental organization) or public (i.e., government) organization. Historically, a human being was not necessarily considered a natural person in some jurisdictions where slavery existed (subject of a property right) rather than a person. Definitions According to Maria Helena Diniz, an individual or natural person "is the human being considered as a subject of rights and obligations". Every human being is endowed with legal personality and, therefore, is a subject of law. According to Sílvio de Salvo Venosa, "legal personality is a projection of the intimate, psychic personality of each person; it is a social projection of the psychic personalit ...
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Lisbon Strategy
The Lisbon Strategy, also known as the Lisbon Agenda or Lisbon Process, was an action and development plan devised in 2000, for the economy of the European Union between 2000 and 2010. A pivotal role in its formulation was played by the Portuguese economist Maria João Rodrigues. Its aim was to make the EU "the most competitive and dynamic knowledge-based economy in the world capable of sustainable economic growth with more and better jobs and greater social cohesion", by 2010. It was set out by the European Council in Lisbon in March 2000. By 2010, most of its goals were not achieved. It was succeeded by the Europe 2020 strategy. Background and objectives The Lisbon Strategy intended to deal with the low productivity and stagnation of economic growth in the EU, through the formulation of various policy initiatives to be taken by all EU member states. The broader objectives set out by the Lisbon strategy were to be attained by 2010. It was adopted for a ten-year period in 20 ...
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Republic Of Ireland
Ireland ( ), also known as the Republic of Ireland (), is a country in Northwestern Europe, north-western Europe consisting of 26 of the 32 Counties of Ireland, counties of the island of Ireland, with a population of about 5.4 million. Its capital city, capital and largest city is Dublin, on the eastern side of the island, with a population of over 1.5 million. The sovereign state shares its only land border with Northern Ireland, which is Countries of the United Kingdom, part of the United Kingdom. It is otherwise surrounded by the Atlantic Ocean, with the Celtic Sea to the south, St George's Channel to the south-east and the Irish Sea to the east. It is a Unitary state, unitary, parliamentary republic. The legislature, the , consists of a lower house, ; an upper house, ; and an elected President of Ireland, president () who serves as the largely ceremonial head of state, but with some important powers and duties. The head of government is the (prime minister, ), ...
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Civil Law (legal System)
Civil law is a legal system rooted in the Roman Empire and was comprehensively codified and disseminated starting in the 19th century, most notably with France's Napoleonic Code (1804) and Germany's (1900). Unlike common law systems, which rely heavily on judicial precedent, civil law systems are characterized by their reliance on legal codes that function as the primary source of law. Today, civil law is the world's most common legal system, practiced in about 150 countries. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the common law comes from uncodified case law that arises as a result of judicial decisions, recognising prior court decisions as legally binding precedent. Historically, a civil law is the group of legal ideas and systems ultimately derived from the '' Corpus Juris Civilis'', but heavily overlain by Napoleonic, Germanic, canonical, feuda ...
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European Union
The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The union has a total area of and an estimated population of over 449million as of 2024. The EU is often described as a ''sui generis'' political entity combining characteristics of both a federation and a confederation. Containing 5.5% of the world population in 2023, EU member states generated a nominal gross domestic product (GDP) of around €17.935 trillion in 2024, accounting for approximately one sixth of global economic output. Its cornerstone, the European Union Customs Union, Customs Union, paved the way to establishing European Single Market, an internal single market based on standardised European Union law, legal framework and legislation that applies in all member states in those matters, and only those matters, where the states ...
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