Related briefings

Voluntary transfer of receivables according to Turkish code of obligations corporate law

The Turkish Code of Obligations no. 6098 regulates the transfer of receivables on Article No: 183 ff. TCO regulates transfer of the receivables in the related articles under three main titles as voluntary, legal and judicial transfer, and in practice, the most common transfer is observed as the voluntary transfer of receivables.

Evidential contract: Can the parties limit the evidences they might rely on?

In case of disagreement, the proof of the issues put forward by the parties depends on the evidences; which has been obtained and submitted legitimatelly; since the courts or arbitration boards decide by evaluating the evidence of the party with the burden of proof, and if it is suitable for clarifying the dispute.

Examination of the relationship between e-sports and violence

It is of great importance to examine acts of violence resulting from the competitive environment in e-sport games where the games are played individually as well as a team, also where the physical and mental attributions are prominent, and the legal character of such acts. The sanctions for acts of violence caused by e-sports players or third parties involving in the games without playing are, in general, determined by the respective publishers of the game based on the tournament rules.

Latest Briefings

UK Supreme Court offers lessons for landlords of multi-tenanted buildings in Cayman

In the UK, it is common for mutual-enforceability covenants (the nature of such covenants is explained below) to be found in the leases of flats located in apartment blocks. The enforcement of such a covenant was considered by the UK Supreme Court in Duval v 11-13 Randolph Crescent Ltd [2020] UKSC 18. While such mutual-enforceability covenants are (to the best of the author’s knowledge) not used in the Cayman Islands, the decision offers important lessons about leasehold obligations, especially where the same landlord enters into leases with multiple tenants in the same building.

Cayman injunctions in aid of foreign proceedings

Where a potential judgment debtor in “onshore” proceedings threatens to dissipate its assets, the plaintiff may face a Pyrrhic victory with no assets against which to enforce its judgment. Where the defendant is a Cayman company or has assets in Cayman, the Cayman Court has a statutory jurisdiction to grant a freezing injunction in aid of those foreign proceedings, which can extend to the worldwide assets of the defendant.

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