Anonim Ortaklıklar Özelinde Tüzel Kişilerin Kişilik Hakkının Korunması

The personal right of joint stock companies (JSC) should be examined within the scope of the personal rights of legal persons, considering that they are legal persons. Based on legal persons' capacity to have rights and obligations, it should be accepted that they also have personality rights in parallel with their competence in all rights and obligations, excluding those that depend on characteristics peculiar to natural person by nature, such as gender, age, kinship. In this context, the trade name should be considered as the name of JSC and protected as a personal right value. As for the protection of confidential and private life space as a value within the scope of personal rights, a cautious interpretation should be made within the framework of the transparency principle as required by the corporate governance approach. However, trade secrets should be drawn as a limit in this regard. Honour and dignity as value that should be protected within the scope of personal rights, should be evaluated in two separate ways, social and commercial, in terms of JSC. All the values that enable the economic potential of the JSC to be used freely are also within the scope of personal rights protection. It should be accepted that JSC can also demand moral compensation in case of violation of their personal rights, in addition to the other demands stipulated in the Turkish Civil Code and the Turkish Code of Obligations. If an act against JSC constitutes both unfair competition and an attack on personal rights, it should be accepted that there is no general and special judgement relationship between them, since the purposes for which the regulations are regulated differ. There is a relationship between the competition of claims or the accumulation of claims in terms of concrete event among the relevant regulations.