Introduction to Law

Yanıt Açıklaması: Article 85 of the TPC: (1) Any person who causes the death of another by reckless conduct shall be sentenced to a penalty of imprisonment for a term of two to six years. (2) If the act results in the death of more than one person, or the injury of more than one person together with death of one or more persons, the offender shall be sentenced to a penalty of imprisonment for a term of two to fifteen years. Article 182 of the TPC: (1) Any person who discharges waste or refuse material into the earth, water or air through his recklessness such as to cause environmental damage shall be sentenced to a penalty of a judicial fine. Where the waste or refuse material has the propensity to remain in the earth, water or air then the penalty to be imposed shall be imprisonment for a term of two months to one year. (2) Any person who causes, by his recklessness, the discharge of waste or refuse material which has a characteristic which may cause the alteration of the natural characteristics of plants or animals, enhance or create infertility or cause an incurable illness in humans and animals, the offender shall be sentenced to a penalty of imprisonment for a term of one to five years.

Yanıt Açıklaması: A joint stock corporation must have three organs to function: shareholders general assembly, board of directors and statutory auditors.

Yanıt Açıklaması: According to article 77 of the Code of Obligations, a person who has enriched himself without just cause at the expense of another is obliged to make restitution. For example, if a person transfers an amount of money to an account of third person by mistake, instead of the counterpart of the contract he made with; third person is under a liability to pay it back. There are four conditions for unjust enrichment to exist: 1. There must be enrichment in the property of a person. 2. There must be a decrease in the value of property of another person. 3. The enrichment must be without a just cause 4. There must be a causal relation between the enrichment and the decrease in the value of property.

Yanıt Açıklaması: A victim’s consent to the defendant’s behaviour can exempt the defendant from liability. The issue normally arises in relation to non-fatal offences against a person. For example, tattooing, surgery and ear-piercing normally constitute the crime of injury. Yet the consent of the victim prevents the act from being proscribed. The correct answer is E.

Yanıt Açıklaması: Court of Cassation is not included in advisry bodies. It is a court of appeal and it has no administrative function. The answer is I, II and IV.

Yanıt Açıklaması: Law of Persons is a branch of civil law that generally deals with persons and the modalities attached to persons. In this part we shall mainly deal with the meaning of “person”, the types of persons and the capacity of persons. Therefore, the correct option is A.

Yanıt Açıklaması: 6 months after the publication of the declaration of absence does a declaration of absence of a missing person take affect.

Yanıt Açıklaması: Abortion is permitted upon the woman’s request in the early weeks of pregnancy and in the later periods of time under certain circumstances (time limitation) in Turkey. In Ireland, only when the woman's life is at risk, is it possible.

Yanıt Açıklaması: According to Article 22 of the TPC, “negligence” is the failure to foresee the results that are described in the legal definition of a crime, as a consequence of carelessness or lack of diligence. The correct answer is B.

Yanıt Açıklaması: Court decisions are not subjects to interpret; they must be definite and clear anyway.

Yanıt Açıklaması: The Competition Board is vested with a broad array of rights and authorities to regulate competition in Turkey. However, the Board is not entitled to enact laws. The correct answer is B.

Yanıt Açıklaması: Family law deals with all kinds of disputes in marriages. Therefore, the correct option is B.

Yanıt Açıklaması: Law No.4054 covers formal agreements and decisions which impair competition as well as looser forms of agreements and parallel restrictive actions of the undertakings which are referred to as concerted practices are within the scope of the Law20. 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 agreements are 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 between the manufacturer and the seller.

Yanıt Açıklaması: Discharge of an obligation means that the obligation has come to an end. The normal way of discharging an obligation is performance. Apart from performance, there are some other ways listed in the Code of Obligations. Novation is one of these ways. Novation is a new obligation replacing an old one. The preexisting obligation is discharged and a new obligation is created. The parties should conclude an agreement in which the intention should be clearly stated. The correct answer is E.

Yanıt Açıklaması: Competition is generally defined as a contest where economic decisions can be taken freely by the undertakings in the markets for goods and services. It can be referred to as a contest or play where in the playground (market), for all the players (competitors) and the stakeholders, the play should be competitive and fair. This requirement sets forth certain duties not only for the players but also for the regulators.

Yanıt Açıklaması: Unfair competition in trade relations is mainly regulated in the TCC. There are also further general and specific provisions in some other legislation. These are regulated in Turkish Code of Obligations and in some specific laws such as intellectual and industrial property laws and in consumer protection law.

Yanıt Açıklaması: Pursuant to Article 3 of the Turkish Commercial Code, all matters regulated in the law are considered as commercial business and all matters (businesses and acts) concerning a commercial enterprise are considered as commercial. The first four options in this question include acts related to commercial enterprises. However, divorce falls under the scope of civil law, and thus hiring an attorney for divorce is not concerned with business and commercial law. The correct answer is E.

Yanıt Açıklaması: Appellate remedies are generally divided into two categories: ordinary appellate remedies and extraordinary appellate remedies. Ordinary appellate remedies are the remedies to be exhausted before a decision becomes unappealable. Intermediate appeal and appeal are the ordinary appellate remedies. Extraordinary appellate remedies, on the other hand, are the remedies that may be applied after the decision becomes unappealable; therefore, they remove res judicata. There is only one real extraordinary appellate remedy in civil litigation: the renewal of proceedings (yargılamanın iadesi). The correct answer is C.

Yanıt Açıklaması: The principle of maximum certainty forsees that people should have sufficiently certain and clear warnings about the forbidden conducts. Therefore, the correct option is E.

Yanıt Açıklaması: In the criminal law, self-defense has always been recognized as a ground of justification. Article 25 of the TPC defines self-defense as follows: "No penalty shall be imposed upon an offender in respect of acts which were necessary to repel an unjust assault which is directed, carried out, certain to be carried out or to be repeated against a right to which he, or another, was entitled, provided such acts were proportionate to the assault, taking into account the situation and circumstances prevailing at the time." The correct answer is D.