Business Law

Yanıt Açıklaması: A declaration of intention that requests a change or addition to the terms of the offer shall not be regarded as an acceptance, but a “counteroffer”. A counter-offer is considered to be a new offer.

Yanıt Açıklaması: A plane crash is an example of death presumption. If a person was on the plane and a crash had occurred, even if the corpse could not be found, this person is presumed to have died. Therefore the correct answer is D.

Yanıt Açıklaması: Absolute simulation

Yanıt Açıklaması: Public Law Legal Persons are the legal entities that are vested with public authority as some sort of a public duty is served by these entities. Public administrations and public institutions and public enterprises are public legal persons organized under public law. In that regard, the State (devlet), municipalities (belediye), village administrations (muhtarlık), universities, trade and industry chambers and bar associations bear public law legal personalities. The correct answer is A.

Yanıt Açıklaması: Incorporation is the process by which a new or existing business registers as a company. A company is a legal entity with a separate identity from those who own or run it. A business cannot operate as a company until it has been incorporated under the TCC. Establishing your business as a company means there are certain legal requirements to be met under the TCC. Companies are separate legal persons who are incorporated with the aim to make profit and who are independent of their directors and shareholders.

Yanıt Açıklaması: It can be stated that there are two groups of sources in Turkish Law. One involves the primary sources and the other involves the secondary sources. Primary sources include the written laws, the customary law and the judge as a law-maker. Secondary sources include the doctrine and the precedents, in other words, judicial decisions. They are not binding; the judge is free to use them according to his/her discretion. In our legal system, previous court decisions are not binding; but, most certainly, a judge in a lower court, may use especially the higher court decisions in similar cases. Therefore, the precedents are not binding in the Turkish legal system. However, the only exception to this rule is what is called the “unification of judgment.”

Yanıt Açıklaması: In cases where no provision exists, the judge should decide according to the existing customary law; and in the absence of customary law principles, the judge should decide, where necessary, according to the rules he would himself lay down as if he were the legislator. The judge may also use the doctrine and the precedents (court decisions) as guidance. When the above mentioned article is taken into account, a judge should first use the written sources of law and while using them he/she should understand the provisions not only with the letter but with the spirit as well. In private law matters, when the written laws are silent, in other words, when there are no provisions applicable, the judge must look for the existing customary law principles; and when they are silent as well, if the judge thinks that there is a necessity for a rule, he/she should lay down that rule then and decide accordingly. However, this provision as a whole is not applicable in public law, especially in criminal law. In criminal law, there is a very important principle: “there is neither crime nor punishment without a written law”.

Yanıt Açıklaması: In an equal bilateral contract, the considerations of the parties are mutual, but these mutual considerations are not required to be equal in value. But when an apparent disproportion in the mutual considerations is due to one party taking advantage of the circumstances, this shall not be allowed.  That in the case of an evident disproportion in the relative considerations passing between the contracting parties due to one party taking advantage of the distress, the inexperience or the improvidence of the other party is anacted as unconscionable contracts in the obligation law. So, in this article unconscionable contracts is anacted.

Yanıt Açıklaması: Creditor Debtor Consideration

Yanıt Açıklaması: If a commercial business is owned by a person who is below the age of 18 (nonadult), but is operated either by the parent or by a guardian, then the parent or the guardian will not be considered a merchant (Article 13 TCC).

Yanıt Açıklaması: It can be stated that there are two groups of sources in Turkish Law. One involves the primary sources and the other involves the secondary sources. Primary sources include the written laws, the customary law and the judge as a law-maker. Secondary sources include the doctrine and the precedents, in other words, judicial decisions. They are not binding; the judge is free to use them according to his/her discretion. In our legal system, previous court decisions are not binding; but, most certainly, a judge in a lower court, may use especially the higher court decisions in similar cases. Therefore, the precedents are not binding in the Turkish legal system. However, the only exception to this rule is what is called the “unification of judgment.” Therefore, the correct option is C.

Yanıt Açıklaması: In unilateral contracts, only one of the parties is under the burden of fulfilling a consideration while the other party does not owe any consideration. The best example is a donation contract

Yanıt Açıklaması: Freedom to choose a contract may not be against the compulsory provisions of law

Yanıt Açıklaması: Debtor is the party who is bound to perform a certain act given as consideration element of an obligation.

Yanıt Açıklaması: In addition to other unlawful acts, the advertisement and sale methods that are against the principle of honesty and especially misleading customers as to the real value of products using bundling practices is an example of unfair competition.

Yanıt Açıklaması: As it comes to the classification of the written laws, the famous legal philosopher Kelsen should be remembered since he was the first jurist who made a classification showing the hierarchy of the written laws as well. The most influential legal theory of the 20th century in the Continental Europe is considered to be Kelsen’s “pure theory of law”. According to this theory, the typical legal system is founded upon a system of norms. The written laws form a part of a hierarchical system of norms, with each layer gaining authority from the previous. All the norms could be traced back through a chain of validity which is shown by a pyramid known as the Kelsen’s pyramid. At the top of this pyramid is the “Grundnorm,” namely the “Constitution” in our system. Then, the codes and statutes follow the constitution. International treaties, presidential decrees and by-laws are the other written sources in the Turkish legal system.

Yanıt Açıklaması: The legal consequences of being incorporated under a separate legal personality and the liabilities of shareholders at the establishment stage can be listed as follows: The shareholders and, as a general rule, directors are not liable from the total amount of debts of the company; the agreements made on the subscription of an immovable property or some similar rights like ownership rights on the property are valid without a requirement of statutory form ;for economic assets or movables subscribed, the company as the owner may conclude transactions on the assets defined; where the ownership on immovable property or other similar rights are subscribed as capital, than there has to be a registration in the Land Title in order for the company to carry out transactions on such property; the Company may request from each shareholder to comply with their undertakings and and it is entitled to take a legal action before the courts.

Yanıt Açıklaması: Freedom of speech is a general freedom not a type of sub-freedoms of contractual freedom.

Yanıt Açıklaması: It is true that Commercial Law qualifies for one of the most significant areas of law in any jurisdiction. Commercial Enterprise within that context is one of the main legal concepts regulated in the first book (sub-section) of Turkish Commercial Code No.6102 (“TCC”) which is enacted in 2011 and became effective in 2012. TCC is the primary legislation that focuses on commercial transactions, and therefore plays a vital role in business life. The correct answer is E.

Yanıt Açıklaması: The essential requirements for a joint stock company capital must be above 50.000 TL, therefore the correct answer is D.