Introduction to Law

Yanıt Açıklaması: Bankruptcy itself is also only available for merchants as well, at least in principle. Only a person recognized as merchant by the Commercial Code is eligible for bankruptcy. Since commercial partnerships are merchants in nature, they are eligible for bankruptcy. Simple partnerships lack legal personality; therefore, they cannot be subjected to bankruptcy, but the partners may. Under some circumstances, partners of general partnerships (kollektif şirket) and limited partnerships (komandit şirket) may also be eligible for bankruptcy.

Yanıt Açıklaması: Despite more than twenty years left behind following the enactment of Law No.4054 on the Protection of Competition (“Competition Law” or Law No.4054) related core concepts such as market, competition, fair trading, anticompetitive pricing can be misinterpreted. One of the reasons for that may be the fact that the same terminology “competition” exists in all of these areas and this may still cause some degree of confusion in the understanding and sometimes enforcement of competition related rules. Competition is generally defined as a contest where economic decisions can be taken freely by the undertakings in the markets for goods and services.

Yanıt Açıklaması: The debtor may also file a proper negative declaratory action (menfi tespit davası) before or during the enforcement procedure. The criterion to distinguish the filing of this action from the action that we are going to discuss next, the action for restitution (istirdat davası), is whether the obligation is performed; regardless it was directly paid or paid with the liquidation of the attached assets of the debtor. In first case, a negative declaratory action, and in second case an action for restitution must be filed by the debtor. If the credit is paid, the debtor must file an action for restitution in order to retrieve it. In addition, if the payment was made during the negative declaratory action, said action automatically transforms into an action for restitution. Unlike the negative declaratory action, the action for restitution is an action of performance; the debtor (now the plaintiff) demands the return unlawfully and unnecessarily paid money to the creditor on account of the compulsory enforcement procedure. In order to file an action for restitution, a monetary performance must have been made during a compulsory enforcement procedure under the intimidation of the said procedure. The correct answer is B.

Yanıt Açıklaması: The creditor may file an action in the proper court for the invalidation of the objection (itirazın iptali davası) within one year.

Yanıt Açıklaması: An infant is a person who has not yet reached the age of majority – that is 18 (not 15) in the Turkish law system (Statement (I) is wrong). The other statements are correct. The correct answer is E.

Yanıt Açıklaması: The new Turkish Commercial Code came into effect in 2012. The correct answer is C.

Yanıt Açıklaması: The correct fit for the blank is systematic interpretation.

Yanıt Açıklaması: A typical legal norm contains a definition and a sanction.

Yanıt Açıklaması: As long as an instrument is suitable to prove a fact, it is admissible as evidence; provided that it possesses other requisites determined by the Statute. Types of evidence that are stated by the Statute include (1) documents (belge) and (2) deeds (senet), (3) oath (yemin), (4) witness (tanık), (5) expert examination (bilirkişi incelemesi) and (6) inspection by judge (keşif), and (7) Res judicata (kesin hüküm). Preliminary examination is not one of the types of evidence. It refers to the process through which the court examines procedural requirements and preliminary objections, determines boundaries of the dispute, carries out preparatory proceedings and proceedings necessary for the parties to present evidence and for the discovery of evidence, and encourages the parties for settlement or mediation. The correct answer is E.

Yanıt Açıklaması: The normal way to end the personality is death. Legally, for a person to have considered as dead, the corpse of this person should be found. When there is no corpse, this situation is not regarded as death. At this point, there are two important presumptions under which legally the person is also considered to be dead though there is no corpse present. The two important presumptions which death is presumed are presumption of death and presumption of absence. According to this provision, the death of a person is deemed proven, even if no one has seen the corpse, if that person has disappeared in circumstances in which his death may be considered certain. The result of death presumption is just like normal death. There is no need for a special court decision. In declaration of absence there are two different situations. In the first case, it is highly probable that a person is dead because he or she has disappeared in extremely life-threatening circumstances. In that case the next of kin has to wait for one year and then apply to the court. In the second case, a person has been missing for a lengthy period of time without any sign of life. This is a situation in which a person has disappeared without any reason. In that case, five years should be waited since the last sign of life before the application to the court.

Yanıt Açıklaması: They (negotiable instruments or valuable papers) are regulated in book 3 (Articles 645 – 849).

Yanıt Açıklaması: According to the Statute, filing an action for damages against a judge regarding the exercise of jurisdiction is not permitted. If someone suffers damage from the actions of a judge regarding the duty she carries out, for example, if the judge consistently refrains from determining a hearing date, the sufferer may file an action for damages against the State.

Yanıt Açıklaması: The presumption of innocence is the principle of procedural fairness that the defendant should be presumed innocent until proved guilty. Therefore, the correct option is D.

Yanıt Açıklaması: Article 56 explicitly lists those who are entitled to bring a court action in cases of unfair competition. Accordingly the following can take the following legal actions: i. Persons whose economic interest are damaged or jeopardized, ii. Customers whose economic interests are infringed, iii. Professional or economic associations. Therefore, the correct option is E.

Yanıt Açıklaması: Preliminary examination is for the determine formal convenience.

Yanıt Açıklaması: The objective element- also called physical or external element- that describes a voluntary act or omission, refers to the part of the definition of the offense in the statutory law which relates to the actions of the perpetrator and their consequences. A person can be legally responsible for his/her voluntary bodily movements and, in some cases, speech, but not for the effects that are beyond his/her control.

Yanıt Açıklaması: In the Turkish legal system, the procedure for judicial review of administration and organization of the administrative courts are laid down in three different pieces of legislation namely Law on Council of State (Law No 2575), Law on the Organization and Duties of the Regional Administrative Courts, Administrative and Tax Courts (Law No 2576), and Law on the Procedure of Administrative Justice (Law No 2577). The Council of State is the highest administrative court in the organization of administrative courts according to the article 155 of the Constitution, and also the last instance court for judgments rendered by administrative courts and district administrative courts in the Turkish legal system. The correct answer is D.

Yanıt Açıklaması: The Code of Civil Procedure ( Hukuk Muhakemeleri Kanunu ), the main source of the civil procedure in Turkey, was passed by the Parliament in the early 2011 and entered into effect in the late 2011. The correct answer is A.

Yanıt Açıklaması: Turkey follows the civil law system.

Yanıt Açıklaması: Executing a criminal is the most extreme form of rendering a person incapable of committing future crimes. Criminals restrained in prison cannot cause further harm to the general public during the length of their sentence. Therefore, the correct option is E.