Introduction to Law

Yanıt Açıklaması: Burden of proof determines which party carries the duty to prove matters in an action. Both parties may present evidence of course, but if the matters in the action remain not proved at the end of the trial, one side must lose the action in any case. This side is the side that carries the burden of proof.

Yanıt Açıklaması: The new TCC came into effect in 2012.

Yanıt Açıklaması: With declaratory action, the court is requested to determine the existence or nonexistence of a right or a legal relationship, or whether a document is forged or not. Therefore, the correct option is B.

Yanıt Açıklaması: A woman whose previos marriage has come to an and for whatever reason has to wait for 300 days before she gets remarried.

Yanıt Açıklaması: Turkey adopted Swiss Civil Code in 1926 and it was effective until the year 2002.

Yanıt Açıklaması: TCC is composed of six books which regulate specific areas in the law: • Book 1 : (Articles 1 – 123) on Commercial Enterprise • Book 2 : (Articles 124 – 644) on Commercial Entities • Book 3: (Articles 645 – 849) on Valuable Papers (Negotiable Instruments) • Book 4 : (Articles 850 – 930) on Transport (Carriage) Operations • Book 5 : (Articles 931 – 1400) on Maritime Law • Book 6 : (Articles 1401 – 1520) on Insurance Law

Yanıt Açıklaması: Article 55 states different examples of unfair competition. Accordingly the following acts constitutes unfair competition: Advertisement and sales methods, which violate the rule of good faith and other illegal acts, • Inducement breach or termination of contract, • Unauthorized utilization of others’ business products. • Revealing production and business secrets unlawfully, • Not complying with general business conditions, • Using general business terms and conditions, which violate the rule of good faith. Therefore, the correct opton is B.

Yanıt Açıklaması: Capacity to be a party in civil procedure law is equivalent capacity to have rights and duties in civil law.

Yanıt Açıklaması: The law of property’s main subject is the real rights. Real rights are the rights built on a property that give their owner the right to assert against all persons this right. Ownership, hypothec, usufruct are some examples of the real rights.

Yanıt Açıklaması: 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 agreementsare 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 betweenthe manufacturer and the seller. The correct answer is C.

Yanıt Açıklaması: Although a voluntary act is required in most cases for criminal liability, both civil and common law consist of several offense definitions that do not require an act while giving rise to criminal liability, which is referred to as acts of omission or failure to act. The correct answer is B.

Yanıt Açıklaması: The definition belongs to the offer.

Yanıt Açıklaması: All courts have an administrative office supervised by a court clerk, with court stenographers, a bailiff, and other civil servants where necessary.

Yanıt Açıklaması: The given examples are regulated in article 55 of the TCC and they are unfair competition situations.

Yanıt Açıklaması: There are three types of actions according to the legal remedy sought: (1) Actions for performance (2) Declaratory actions (3) Constructive actions. Therefore, the correct option is C.

Yanıt Açıklaması: Alternative dispute resolution methods currently implemented in Turkey are mainly conciliation and mediation. Conciliation power of the lawyers set out by the Law of Lawyers is the most important example of conciliation; and the Law on Mediation in Civil Disputes no. 6235 (LMCD) is the Statute that regulates institutional mediation in Turkey. The correct answer is A.

Yanıt Açıklaması: Freedom to to terminate the contract every time you want is not subtype of contractual freedom.

Yanıt Açıklaması: In cases where the assistance of the another person becomes essential in order for the crime to succeed, the aider transforms into a joint principal.

Yanıt Açıklaması: Unfair competition in trade relations is mainly regulated in the Turkish Commercial Code. There are also further general and specific provisions in some other legislation including Code of Obligations, Commercial Code, Intellectual Property Law, Industrial Property Law and Consumer Protection Law. Law on Protection of Personal Data is not one of these legal instruments. The correct answer is D.

Yanıt Açıklaması: Any person having the capacity to conduct civil proceedings may file an action and manage it personally or through an attorney whom she appoints. Power of attorney covers the power to carry out all kinds of party proceedings in order to manage the action, enforce the judgment, collect judicial costs and issue receipts regarding this collection, and the power to be the receiver of such proceedings until the judgment becomes unappealable. Therefore, the correct option is D.