Introduction to Law

Yanıt Açıklaması: The presumption of innocence means, with a simple definition, no one is accused until proven guilty. The burden is on the prosecution to prove the case. The principle burdens the prosecution with the proof of the  committed offense. A person however clear the evidence seems to be, is innocent until proved guilty. The correct answer is E.

Yanıt Açıklaması: Crimes are not universal, they are local; because one act could be considered as a crime in a country while not considered as a crime in some other country. II and III are true.

Yanıt Açıklaması: The types of companies listed in the TCC may be grouped as corporate and noncorporate forms of companies. a. Corporate forms of companies • Joint Stock Company • Limited Liability Company • Cooperative Company (Cooperatives) b. Non-corporate forms of companies • Collective Company • Commandite Company From this list, the types joint stock corporation and limited liability company are the most common types preferred in business life in Turkey. Non-profit organizations are not considered businesses and are tax-exempt.

Yanıt Açıklaması: The stages of the action in civil procedure are: (1) Pleadings (2) Preliminary examination (3) Trial (4) Oral arguments (5) The judgment

Yanıt Açıklaması: The acquired property of a spouse comprises; a) The proceeds from his or her employment,  b) benefits received from social security, social welfare institutions and staff welfare schemes, c) compensation obtained for inability to work , d) income derived from his or her own individual property and e) property acquired to replace acquired property. The correct answer is E.

Yanıt Açıklaması: When a person acts beyond the restrictions of law, the acts become wrongful and such wrongful acts are named as “torts”. According to article 49 of the Code of Obligations, any person who unlawfully causes loss or damage to another, whether willfully or negligently, is obliged to provide compensation. This liability is named as tortuous liability.

Yanıt Açıklaması: Board of directors includes shareholders who are authorized to represent the company.

Yanıt Açıklaması: To be drunk is not a justification reason.

Yanıt Açıklaması: The action for restitution is an action of performance; the debtor (now the plaintiff) demands the return of unlawfully and unnecessarily paid money to the creditor on account of the compulsory enforcement procedure. In order to file an action for restitution, a monetary performance must have been made during a compulsory enforcement procedure under the intimidation of the said procedure. The correct answer is B.

Yanıt Açıklaması: Types of evidence are: (1) documents (belge) (2) deeds (senet) (3) oath (yemin) (4) witness (tanık) (5) expert examination (bilirkişi incelemesi) (6) inspection by judge (keşif) (7) Res judicata (kesin hüküm) In civil procedure, types of evidence are divided into two categories according to their evidentiary weight: definitive evidence and discretionary evidence.  In civil procedure, there are three types of evidence that are definite: Deed, oath and res judicata.

Yanıt Açıklaması: Omissions are also enough to realize a tort; so intent is not necessary in every case. Others are true.

Yanıt Açıklaması: Consent is one of the justification reasons; not an excuse.

Yanıt Açıklaması: In monetary debts, the most important result is to pay an interest. The debtor in default definitely has to pay interest even if he/she does not have fault in being in default and the other party is not suffering from any loss due to late performance. This is named as the default interest. If the creditor suffers more damage that cannot be covered with the default, interest and if the debtor has fault being in default this time the debtor has to pay the additional damages as well. The correct answer is B.

Yanıt Açıklaması: I and II final decisions. But III is an interlocutary decision.

Yanıt Açıklaması: Law No.4054 covers formal agreements and decisions which impair competition as well as looser forms of agreements and parallel restrictive actions of the undertakings which are referred to as concerted practices are within the scope of the Law20. By taking into consideration the relationship of the parties to an agreement or how they are positioned in the markets, a classification has been developed between horizontal and vertical agreements. Horizontal agreements are those which are made by firms that are the same level of trade or industry, such as agreements between retailers or manufacturers or between wholesalers. Unlike horizontal agreements, vertical agreements are concluded between the parties who are not at the same level of trade or industry such as agreements between the wholesaler and the retailer or between the licenser and the licensee or between the manufacturer and the seller.

Yanıt Açıklaması: Criminal law systems distinguish two forms of complicity: incitement and assistance. Incitement and assistance can occur only in terms of the basic kinds of intention-based offenses. The article 40 of the TPC  acknowledges this rule as follows: In order for an offense to constitute a jointly committed offense, it is sufficient that the act is unlawful and committed intentionally. Each person participating in the commission of an offense shall be sentenced according to his unlawful act, irrespective of the individual circumstances of others which may prevent the imposition of a penalty. Also, in order to be held responsible for a jointly committed offense, there must have been at least an attempt to commit the offense. The correct answer is D.

Yanıt Açıklaması: The spouses have an equal say within the family and equal rights and duties. Before the new Civil Code entered into force in 01.01.2002, there was the concept of the “head (chief) of the family” and this person was the husband. They mutually undertake to strive to safeguard the interests of the marital union and to care jointly for the children and to educate them. In choosing a career or education, spouses do not need to get the consent of the other spouse. A woman acquires the surname of her husband with marriage. However, she can add her surname before that. This provision is the only provision that still creates inequality. But with the recent court decisions woman’s right to continue carrying only her surnames started to be recognized.

Yanıt Açıklaması: According to the Civil Code, there are five specific grounds for divorce. 1- Adultery: Voluntary sex with someone other than his/her spouse. This action should be brought within 6 months. 2- Plots against life, grave assaults/insults: A plot against life is attempt by one spouse to murder the other spouse. Grave assaults are threats or attempts to do bodily harm to the other spouse, by force or violence. Grave insults are actions of humiliation by one spouse to the other spouse. The spouse may again bring an action for divorce in six months time he/she learns about this act and in five years this act is committed. If the spouse forgives the one who has committed such an act, then this spouse shall not have a right to bring an action for divorce. 3- Crime and dishonorable life: The conviction of a spouse for a humiliating crime or the dishonorable conducts of one of the spouses, like habitual drunkenness or habitual gambling, are grounds for divorce. But to bring an action for divorce, it should not be expected for the other spouse to continue living with this spouse any more. 4- Desertion: If one of the spouses leaves the marital domicile in order not to fulfill his/her marital duties or does not return to the marital domicile without a just ground and if this period at least six months, the remaining spouse may bring an action for divorce. During this six month period, the remaining spouse should ask either the judge or the notary to draw a notice and invite his/her spouse back home and remind him/her about the results of his/her not returning. 5- Mental illness: If one of the spouses becomes mentally ill and life becomes for this reason unbearable to the other spouse, the healthy spouse may bring an action for divorce, on the condition that this illness is proved to be incurable by a medical report.

Yanıt Açıklaması: the UN Charter say about human rights; It reaffirms faith in fundemental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small.

Yanıt Açıklaması: Turkish legal system is also based on the structure of a hierarchy of norms: The sources of law of Turkish law ordered in such a way from top to down may be listed as follows: • The Constitution • Statutes • International treaties • Decrees with the effect of law • Regulations • By-laws • Customary law • Judicial decisions