Introduction to Law

Yanıt Açıklaması: Civil courts of first instance, which are the courts that resolve disputes initially, are established as either general jurisdiction courts or specialized courts. General jurisdiction courts are established with the Law regarding Establishment, Jurisdiction and Powers of Civil and Criminal Courts of First Instance and Circuit Courts of Appeals (no. 5235),and they are comprised of civil courts of general jurisdiction (asliye hukuk mahkemeleri) and civil courts of peace (sulh hukuk mahkemeleri).

Yanıt Açıklaması: According to the Civil Code, there are five specific grounds for divorce: 1. Adultery 2. Plots against life, grave assaults and insults 3. Crime and dishonorable life 4. Desertion 5. Mental illness. Alimony is not one of them. Therefore, the corret option is E.

Yanıt Açıklaması: In Turkey, if spouses do not make a choice, they will automatically be subject to the legal matrimonial property system, which is "participation in the acquired property". Unless the spouses agree upon a different regime, the acquired property that each spouse acquires during the marriage is shared equally when the marriage comes to an end with whatever reason. The concept of acquired property is important. According to article 219 of the Civil Code, acquired property comprises the assets which a spouse has required for valuable consideration during the matrimonial property regime. The correct answer is C.

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

Yanıt Açıklaması: Specialized courts are the courts established by various statutes and they have jurisdiction in actions with the specific subject matter they are established for. There are seven specialized courts in civil judiciary: (1) Cadastral courts (2) Labor courts (3) Compulsory enforcement courts (4) Consumer courts (5) Civil Courts of Intellectual and industrial property rights (6) Family courts (7) Commercial courts

Yanıt Açıklaması: For a person to have tortuous liability, the following requisites should be met: 1. Act: First of all, there must be an act. It may be a positive act (for example, to stab another person) or an act of omission (for example, a night nurse sleeping and not giving the medicine and care to the patients). 2. Unlawfulness: Unlawfulness is the avoidance of the compulsory legal rules that safeguard a person in her person and/ or property. 3. Fault (culpa): Fault is either a willful act or a negligent act. A person cannot have fault, as a rule, unless he/she has the ability to make fait judgments. A willful act is an act in which the person committing the act knows the results of the act and actually to achieve these results. A negligent act is an act, and the person committing it or could have known the results if she was careful enough, but actually does not want the result, however does not take care to prevent it. If there is a crimal, there is fault, but the criminal intent does not cover all the cases of fault; There are also faults that are not criminal. 4. Damage: It is the loss either given to a person or to his property or both. A person claiming damages must prove the loss he/ she is suffering from. There are two main types of damages; material damage and immaterial (moral) damage. 5. Proximate causal relation: There must be a proximate causal relation between the unlawful act and the damages. In other words, the damage should be result of the unlawful act.

Yanıt Açıklaması: A joint stock company must have the following three organs to function: a General Assembly as the decision-making organ, a Board of Directors that represents the corporation, and Statutory Auditors that perform internal and external auditing of the corporation. The correct answer is A.

Yanıt Açıklaması: Code of Obligations includes general part and the specific types of contracts part. So the answer is 2.

Yanıt Açıklaması: All choices except D, exist in Turkish juridicial system.

Yanıt Açıklaması: Contractual freedom may be summarized as five different types of sub-freedoms: 1. Freedom to enter into a contract 2. Freedom to choose the other party of a contract 3. Freedom of form 4. Freedom to withdraw a contract 5. Freedom to choose the type and subjectmatter of a contract. Therefore, the correct option is D.

Yanıt Açıklaması: There are five main sub branches of civil law; 1. Law of persons 2. Family law 3. Law of Succession 4. Law of Property 5. Law of obligations

Yanıt Açıklaması: Damages are recoverable only if there is fault on the part of the person who has committed unfair competition subject to the general rules on tort. Damages may be material and, in exceptional cases, immaterial. Accordingly there must be damage or loss of profitssuffered by the plaintiff and an adequate relation of causality between the act and damages (or loss) and in any case the plaintiff claiming compensation has to prove damages. The kind of civil action allowed for unfair competition depends on the existence of fault by the person committing unfair competition. In cases where there is no fault, one can only bring actions for declaratory relief, prohibitory actions, or for the restitution of an unlawful situation. But if fault exists, in addition to those causes of action already cited, actions to recover material and/or immaterial damages are allowed and the court may order for the claimant “the equivalent of what the defendant may have obtained if there had not been unfair competition”. The correct answer is A.

Yanıt Açıklaması: Commercial, financial and capital markets are not among the new issues. Therefore, the correct option is D.

Yanıt Açıklaması: The Turkish Commercial Code specifies the legal actions that one can file in cases of unfair competition. One of them is the action for declaratory relief, which advises that a person who is injured or is in danger of suffering damages can ask for a judgement on the “unfairness” of the act. The correct answer is D.

Yanıt Açıklaması: The administrative office of the court does the job.

Yanıt Açıklaması: If a debtor becomes insolvent, in order to avoid or escape bankruptcy, she may resort to composition agreements. Even if the debtor is not eligible for bankruptcy, she may resort to composition agreement. Composition agreements are debt restructuring agreements between the debtor and her creditors. There are three types of composition agreements: (1) Simple composition agreement (2) Composition in bankruptcy (3) Composition by way of abandonment

Yanıt Açıklaması: The personality of a real person begins with birth. According to article 28 of the Civil Code:“Personality right begins on the birth of the living child.

Yanıt Açıklaması: Alternative dispute resolution methods are means for the parties of the dispute to resolve the dispute among them rather than resorting to litigation mostly involving a neutral and independent third party. There are a number of institutional ADR methods implemented in civil procedure. ADR methods in currently implemented in Turkey may be divided into two broad categories, which are conciliation (uzlaştırma) and mediation (arabuluculuk). 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 numbered 6235 (LMCD) is the Statute that regulates institutional mediation in Turkey. The correct answer is C.

Yanıt Açıklaması: Court opinions are not statutes and they are secondary sources of civil procedure law.

Yanıt Açıklaması: There are seven specialized courts in civil judiciary: (1) Cadastral courts (2) Labor courts (3) Compulsory enforcement courts (4) Consumer courts (5) Civil Courts of Intellectual and industrial property rights (6) Family courts (7) Commercial courts. Therefore, the correct option is B.