NEWSLETTER-2017

69 COMMERCIAL LAW if the requesting shareholder has a family tie with a competitor com- pany, or if the shareholder operates in the same commercial field as the company 16 . A doctrinal opinion states that “abuse of the rights,” which is one of the fundamental principles of law, may be a reason for refusal 17 . For instance, if it is understood that the request is unnecessarily made and carries the purpose of harassment, this request constitutes a special aspect of abuse of rights and may be refused by the managers 18 . Application to the General Assembly upon Refusal of the Request The shareholder whose request for information and inspection was refused may apply to the general assembly. Although the TCC does not foresee any statutory condition as to form for the application to the general assembly, the refusal should be taken into consideration, and the application should be made in writing in terms of provability. Upon the application, the managers should call a general assembly meeting at the first opportunity and add the requested subject to the meeting’s agenda 19 . The legislator has not enacted any regulations regarding the right to vote in the general assembly of the shareholder whose request for information and inspection was refused. According to the most strong- ly supported doctrinal opinion, the shareholder lacks the right to vote at the said meeting because no one should be a judge in his own case ( nemo iudex in causa sua ) 20 . 16 Baştuğ / Göksoy, p. 64. 17 Çamoğlu, p. 158; Baştuğ / Göksoy, p. 67. 18 Baştuğ / Göksoy, p. 50; Çamoğlu, p. 156. 19 Çamoğlu, p. 161. 20 Can, Ozan, Bilgi Alma ve İnceleme Talebi Müdürler Tarafından Reddedilen Limited Şirket Ortağının Genel Kurulda Oy Kullanıp Kullanamayacağı Sorusu Üzerine Düşünceler, Ankara Barosu Dergisi Year: 2015 No: 2, Ankara, 2015, p. 61.