Business Law

Yanıt Açıklaması: Presidential decrees are issued by the President. In the new presidential system the executive power belongs to the President. There is also a vice President appointed by the President. But the prime minister and the council of ministers no longer exist in the new system. The president has an authority to issue presidential decrees. But the presidential decrees should not be in conflict with the existing codes and statutes. Also it is not possible to issue presidential decrees on the subjects that should primarily be regulated with a code or a statute. Fundamental rights and liberties and the political rights of the individuals cannot be regulated by presidential decrees.

Yanıt Açıklaması: 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 D.

Yanıt Açıklaması: In relative simulation, parties want to enact a contract, but they do not want others to understand the type of their contract. Therefore they hide the contract they have actually concluded behind a fictitious contract.

Yanıt Açıklaması: Civil Law Claims The (civil law) legal actions which may be taken before the courts in an unfair trading situation are listed in Article 56 TCC: Legal action for a declaratory relief (TCC Article 56/1(a)) Legal action on the termination of the practices constituting unfair competition (Injunction) (TCC Article 56/1(b)) Legal action for restitution of the unlawful situation (TCC Article 56/1(c)) Legal action for damages situation (TCC Article 56/1(e)) The correct answer is E.

Yanıt Açıklaması: In the Turkish legal history two different constitutions followed the 1924 Constitution: the 1961 Constitution and the 1982 Constitution. Therefore, the correct option is B.

Yanıt Açıklaması: Offeror and offeree

Yanıt Açıklaması: Interest for delay is the interest payable where the debtor fails to pay debts back in time. Pursuant to Article 10 TCC, unless otherwise provided, interest for delay is to be charged starting from the due date of the debt, and if there is not a specific date for delay, then from the date of notification of the debtor (by the creditor). Therefore, the correct option is D.

Yanıt Açıklaması: Not to request the decrease in the payment and penalty: The merchant cannot request from the court a decrease in the interest or in the fine arising from commercial business (Article 22 TCC) where as these can be requested from the court by non-merchant persons under certain circumstances (Articles 121, 182, 525 TCC). The correct answer is A.

Yanıt Açıklaması: The last primary source of law is the judge as a law-maker. When the written laws are silent, a judge trying to solve a case shall try to find a customary law rule; but if the customary law is also silent, this means that there is a legal gap. At this point, the judge has to decide whether this is a real legal gap or not. If it is a real legal gap, this means that there is a need for a regulation which is not provided by the law-maker. Therefore, the judge has to lay down a legal rule himself/herself and decide the case accordingly. If it is not a real legal gap, the judge has to dismiss the case.

Yanıt Açıklaması: Persons of limited incapacity are the persons having discretion, who are able to make fair judgements, but they either are not of full age or are interdicted. In other words, interdicted persons and minors who are able to make fair judgements are in this group. As a rule, persons of this group act through their statutory representatives. They are under parental authority or guardianship. The correct answer is D.

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 D.

Yanıt Açıklaması: It should be mentioned that for the default of the debtor “fault” is not a requirement, it is only important for some of the results of default.

Yanıt Açıklaması: Official form Oral form Written form

Yanıt Açıklaması: There are two highly dominant legal systems in the World. One is the Continental Law system, having its origins in Roman law and the other one is the Anglo-Saxon Law system derived from the Common Law in England. The Continental Law system keeps the legislation as the foremost source of law, where as in Anglo-Saxon system the previous judgments are binding and form the main source of law. After the development of the United States, this country highly affected the law system and it was named as the Anglo-American law system. Turkey is a Continental Law country. Therefore, the correct option is A.

Yanıt Açıklaması: A public corporate body is a public institution having legal personality. Examples of public corporate bodies include universities, municipalities, and Turkish Radio and Television (TRT). Anadolu University is a public university. Therefore, the correct option is C.

Yanıt Açıklaması: In order to have full capacity there are three requirements. Firstly a person should attain majority ; secondly, this person should be capable of making fair judgements ; and lastly, he/she should not be restricted . Therefore, the correct option is E.

Yanıt Açıklaması: There are two highly dominant legal systems in the World. One is the Continental Law system, having its origins in Roman law and the other one is the Anglo-Saxon Law system derived from the Common Law in England. The Continental Law system keeps the legislation as the foremost source of law, where as in Anglo-Saxon system the previous judgments are binding and form the main source of law. After the development of the United States, this country highly affected the law system and it was named as the Anglo-American law system. Turkey is a Continental Law country. Therefore, the correct option is B.

Yanıt Açıklaması: In the light of the above, the essential requirements for a collective company can be listed as follows: • establishment with a separate legal personality, • by at least two individuals as partners, • whose liability is not limited towards the creditors of the Company, • to operate a commercial enterprise, • with a trade name, • under a written Articles of Association