Browsing by Author "Erten, Ali"

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    Elektronik imza
    (Sosyal Bilimler Enstitüsü, 2004) Gürbüz, Ayşe; Erten, Ali; Hukuk
    SUMMARY The subject of my thesis is "electronic signature". In my thesis, there are four sections and an introduction part. In the introduction part, I have given some information about my thesis and its content. In this thesis, the subject of electronic signature was examined with regard to Electronic Signature Law Numbered 5070, the principles of Turkish Code of Obligations, United Nations Commission on International Trade Law Draft Uniform Rules on Electronic Signatures, Directive 2000/31 /EC of The European Parliament and of The Council of 8 June 2000 on Electronic Commerce, Directive 1999/93/EC of The European Parliament and of The Council of 13 December 1999 on a Community Framework for Electronic Signatures and other codes of foreign countries which accepted the Electronic Signature Codes. Technological and market trends, history that cover Internet, electronic commerce, electronic contracts, electronic signature concept, basics of digital signatures, international initiatives and studies that have been executed in our country and in the world were investigated in detail in my thesis. The main subject of my thesis is electronic signature but to addition this, I have examined Internet, electronic commerce and electronic contracts briefly as far as possible in the content of my thesis.The name of the first part of my thesis is "Internet and Electronic Commerce". In this part, I investigated Internet from the point of view of its technical meaning, history and background and its advantages. I also examined electronic commerce in the first part. Fistly I have defined electronic commerce and I gave some definitions made by international institutions. Telephone, fax, TV, electronic fund transfer, electronic data intrchange and Internet are the tools of electronic commerce. Electronic commerce takes place in four categories which are business to business, business to consumer, consumer to administration and business to administration. Then I have mentioned the advantages of electronic commerce and I also examined development of electronic commerce and international initiatives and studies that have been executed in our country about electronic commerce. The second part of my thesis is about electronic contracts. Electronic contracts can be defined as contracts that are concluded by using electronic communication means through Internet. The types and formation methods of electronic contracts are also examined briefly. In the third part of my thesis I have examined electronic signature that is the main subject of my thesis. An electronic signature means data which affixed to or logically associated, with a data message, used to identify the signature holder and indicate his/her approval of the information contained in the data. A digital signature is a sub category of the electronic signatures and it can be defined as a message digest created by processing the message contents using a special 138algorithm encrypted using the sender's private key. There are two keys in the digital signature which are public key and private key. Private key is used to encrypt the message and public key is used to decrypt it. These keys are produced, stored and administrated by the certification authorities that may be a public or a private enterprise. In this part, I have investigated the electronic signature concept, basics of digital signatures within the scope of Electronic Signature Law Numbered 5070, international initiatives and studies that have been executed in our country and in the world, the definitation, the kinds of electronic signature, the methods of encryption, certification authorities, the holder of the dijital signature, the scope of legal responsibilities of the certification authorities' and the holder's of the digital signature, the aim and function of the digital signature, the comparison between dijital signature-electronic signature and dijital signature-hand signature and the technical infrastructure of digital signature. In the last part of my thesis, I have investigated dijital signatures from the point of view of value of proof. There is a freedom of form regarding with the conclusion of the contracs in Turkish Law, as a rule. But when it comes to the proof, there are mandatory rules requiring writing and hand signature. Numbered 5070 Electronic Signature Law made digital signature possible by Article 5, 22 and 23. According to Article 5 of Numbered 5070 Electronic Signature Law, the secure electronic signature has same legal results like hand signature. But legal transactions which 139Laws subject to legal way or a private procedure and guarantee contracts cannot be conclude by the secure electronic signature. Article 22 of Numbered 5070 Electronic Signature Law added a sentence to Turkish Code of Obligations Article 14 sub paragraph n. According to this, the secure electronic signature has same value of proof like hand signature. And Article 23 of Numbered 5070 Electronic Signature Law added Article 295/A to Turkish Procedure Law. Accordig to this, electronic datas concluded by the secure electronic signature suitable for its procedure are consired as proissory note. And these datas are respected as definite evidence.
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    Türk Hukukunda evlat edinme
    (Sosyal Bilimler Enstitüsü, 1997) Özpınar, Arzu; Erten, Ali; Hukuk