المنافسة الممنوعة لأعضاء مجلس الإدارة في الشركة المساهمة من وجهة نظر قانون التجارة التركي

Abstract

The modern economic system depends on the concepts of “freedom of contract” and “freedom of competition” but the uncontrolled and unlimited competition results in damages to the community. For this reason, the countries started legislating laws that control this competition. So, the Turkish laws and the Iraqi Laws limited this freedom, which in turn, is one of the concepts of Turkish and Iraqi constitutions. The aim of these regulations is to prevent partnerships from being damaged by their own partners or managers. In our article, the limitations and conditions of this prohibition that limit the right of competition to the board of directors of the partners were discussed, as well as the conditions and results of breaking the prohibition, under the Turkish Commerce Code No. 6102 of 2011 and the Iraqi Companies Code No. 21 of 1997.