Introduction to Law

Yanıt Açıklaması: The auditing of joint stock companies shall be carried out both internally and externally. For internal auditing, in addition to the Board of Auditors, the auditing shall be carried out by independent auditing companies (sworn financial accountants such as the big four auditing companies) or alternatively, medium and small size companies may use the services of sworn financial advisors or public accountants. External audit is performed primarily by the Ministry of Customs and Trade. In additian to these, tax offices also have authority to audit the company accounts. The correct answer is E.

Yanıt Açıklaması: Consideration is an act, which the debtor is obliged to perform as the content of her obligation. It may be an act of giving something, like in sales contract, giving the good and giving the payment in return. It may be an act of doing something, like in employment contract-employees cleaning the building, or it may be an act of refraining from doing something, like in an agreement of restraint of trade. Therefore, the correct option is B.

Yanıt Açıklaması: Below cannot fall under the competence of the Constitutional Court with regards to the individual application: legislative acts and legislative decrees, regulatory administrative acts, decisions of the Constitutional Court, acts of the President of the Republic in his/ her own competence (Article 125/2 of the Constitution) decisions of the Supreme Military Council on promotion and retiring due to lack of tenure, (Article 125/2 of the Constitution decisions of the High Council of Judges and Prosecutors other than dismissal from the profession (Article 159/10 of the Constitution)

Yanıt Açıklaması: The three sources of criminal law in Turkey are legislature, judiciary and executive. According to the principle of legality, criminal prohibitions and sanctions should be based on written law (legislature), the role of the jurisdiction is to interpret the criminal law (judiciary), and for technical matters, the Turkish law system authorize administration to execute regulations in order to regulate details whose contents, purpose and scope are determined by the statute (executive). The correct answer is B.

Yanıt Açıklaması: According to Turkish Civil Code, “engagement” and “marriage” are the sole legally accepted unions. Engagement is not a registered relationship, whereas marriage is a registered relationship. Since these are limited in number, the parties do not have any discretion to freely create new types of legal unions which have not been set forth in the Civil Code or apply the consequences of marriage to other civil unions by analogy. The correct answer is B.

Yanıt Açıklaması: Liability of Employers and Entities: If the act of unfair competition is committed by workers or employees in the course of their employed term, actions for declaratory relief, removal of the unlawful situation and a prohibitory action can be brought against the empoyee or against the perpetrator. If there is no dependancy between the principal and the agent or if damages is not caused in the course of employment, the principal at fault is jointly liable with the agent.Therefore, the correct option is C.

Yanıt Açıklaması: The word “person” refers to human beings in general usage. But in the legal sense it has a wider meaning. In the modern legal systems there are two types of persons: Real persons (natural persons) and legal person (juristic persons). Real persons are actual human beings, while legal person term includes companies, associations, foundations, syndicates, even the state.

Yanıt Açıklaması: Commercial Enterprise is defined in Article 11/1 of the TCC. Pursuant to the definition, the following are the key elements that should be sought for a commercial enterprise: i) The will/purpose of the enterprise to generate income above a certain treshold (above the level of a craftsman enterprise) ii) Continuity iii) Independence

Yanıt Açıklaması: In the modern legal systems there are two types of persons:Real persons and legal persons.

Yanıt Açıklaması: Aiding refers to helping the principal at the time when the offense is committed. In order to convict the aider of a committed offense, the aider must have given some support which is described in Article 39 of the TPC as follows: • encourages the commission of an offense, • reinforces the decision to commit an offense, • promises that he will assist after the commission of an act, • provides counsel as to how an offense is to be committed, • provides the means used for the commission of the offense, • facilitates the execution of an offense by providing assistance before or after the commission of the offense.

Yanıt Açıklaması: Civil law has 5 different subbranches: 1. Law of persons 2. Family law 3. Law of succession 4. Law of property 5. Law of obligations.

Yanıt Açıklaması: Improving tacit law is not one of main purposes of law.

Yanıt Açıklaması: The form of punishment defined in this question is incapacitation, also known as restraint. The correct answer is B.

Yanıt Açıklaması: After the payment order becomes conclusive, either with failing to raise an objection or upon the final decision of the court resolving the objection, the creditor may request attachment from the agency. Attachment is the legal seizure of the assets and rights belonging to the debtor to be liquidated in a compulsory enforcement procedure, whose proceeds are then paid to the creditor. Since it is not a matter of collective enforcement, the attachment must be limited to assets and rights su icient for the credit claimed. The correct answer is D.

Yanıt Açıklaması: The given definition belongs to the undertaking term.

Yanıt Açıklaması: The normal age of majority is the conclusion of 18 years of age, but the marriage age is 17. A person of 17 could get married with the permission of the parents. On the condition that there is an extraordinary situation and an important ground, the judge may give permission to a person who has completed his/her 16 years of age to get married.

Yanıt Açıklaması: Article 56 of TCC sets forth the types of legal actions that might be brought before the court in cases of unfair competition. Imprisonment is not one of those. The types of legal actions st forth in TCC are as following: i. Action for declaratory relief: A person who is injured or is in danger of suffering damages can ask for a declaratory judgement on the “unfairness” of the act. ii. Termination (Injunction): If the act constituting unfair competition is continuous, the court decides on the termination of the so called act/unfair trading. iii. Action for restitution of the unlawful situation: The plaintiff may request from the court to order on the restitution of the position held prior to the act of unfair competition. iv. Action for damages: 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. v. Publication of the Judgement: The Court may also decide, upon the request if the plaintif whose request has been upheld and, at the expense of the defendant, to publish the judgement once it becomes final. vi. Precautionary Measures (TCC Article 61) and Civil Procedural Law Article 389-399: Precautionary measures (ihtiyati tedbirler) may be requested and granted before or after lodging a case, if delay might be harmful or if such remedies are necessary to prevent serious damages. vii. Liability of Employers and Entities: If the act of unfair competition is committed by workers or employees in the course of their employed term, actions for declaratory relief, removal of the unlawful situation and a prohibitory action can be brought against the employee or against the perpetrator. viii. Statute of Limitations in Unfair Competition Cases: In unfair competition cases, the claimant must bring a cause of action within three years from the date of the existence of the right and one year from the date when he/she becomes aware of the damages. ix. Liability of the Press: Pursuant to Article 58 of TCC if unfair competition is committed by means of the press, an action may be brought, in principle against the author of the article or the editor.

Yanıt Açıklaması: There are lots of governing principles which lie at the core of modern criminal law. One of them is ‘the principle of strict construction’ meaning “ambiguities in criminal law should be construed in favor of defendant. The correct answer is E.

Yanıt Açıklaması: Criminal law seeks to preserve order.

Yanıt Açıklaması: In unilateral legal transactions there is only one intention declared. The legal rules recognise binding effect only to this single declaration of intention. The best example to that is a will. A Will is the last wishes of a person. Some other examples are recognition of a child, withdrawal from a contract, resignation, establishment of a foundation. Therefore, the correct option is A.