Introduction to Law

Yanıt Açıklaması: That kind of contract is called with Articles of Association (AoA).

Yanıt Açıklaması: Society may seek to prevent a criminal from committing other crimes by forcing that person to undergo training, psychological counseling, or some form of moral or social education as to the need for law-abiding patterns of behavior. If successful, rehabilitation will allow the individual to reenter society as a productive human being. Therefore, the correct option is C.

Yanıt Açıklaması: Absolute theories of punishment –revenge,retribution, atonement- look back to the past, tothe criminal deed and aim at balancing the harm done. Relative theories of punishment, namely theprevention theories, focus on preventing the repetitive behaviours rather than on what has happened before. According to the unification, society shall threaten to punish and the penalty shall be pronounced and executed with the aim of protecting society against further offenses but all this shall be done in a way adequate to the wrongdoers’ guilt.

Yanıt Açıklaması: Unfair competition includes advertisement and sales methods that violate the rule of good faith, inducement breach or termination of contract, unauthorized utilization of others’ business products, revealing production and business secrets unlawfully, not complying with general business conditions, and using general business terms and conditions that violate the rule of good faith. Therefore, the cases provided in the first four options are examples of unfair competition. However, under normal circumstances, advertising on social media does not constitute unfair competition. The correct answer is E.

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 and 5. Freedom to choose the type and subjectmatter of a contract. The correct answer is B.

Yanıt Açıklaması: Objective-teleological interpretation: This form of teleological interpretation requires an inquiry with respect to the sense and purpose of the norm to be applied. It is about the reasonable goals and policy considerations behind the norm to be applied. So statement III is false.

Yanıt Açıklaması: The following should be stated in the Articles of Association: • Headquarters and corporate title of the company • The objectives of the company • Capital, nominal value of shares, number of shares and the terms of payment • In case of capital commitment in kind (rather than or together with cash), the value appraised for the in kind capital • Special privilegesif any, fortheshareholders, directors or other persons • Provisions concerning the election of the members of Board of Directors and statutory auditors; their rights and duties and the persons authorized to represent the company • Rules of general assembly meetings (quorum etc) • The duration of the company • The form of announcements of the company • Portion of the capital each shareholder has undertaken

Yanıt Açıklaması: Adultery was a punishable criminal offense according to Article 440 (men adultery) and 441(woman adultery) of the Turkish Penal Code numbered 765 (‘TPC’), which aimed to protect the institution of marriage and children. The crime of adultery damaged not only the institution of family, but also the public order. • In 1996, the Turkish Constitutional Court decided that adultery would no longer constitute a criminal offense for men, while Article 441 regarding the woman adultery remained valid. • In 1999, Article 441 of the TPC that required imprisonment for women convicted of adultery was repealed. • From this date on, adultery would no longer constitute a criminal offense, while remaining as a cause of action for divorce under Article 161 of theTurkish Civil Code.

Yanıt Açıklaması: The duty derives from rendering assistance to someone in danger. Note that the Code creates a duty to act only to the extent that the citizen can do it without danger to self; further, only intervention to the extent of one’s abilities is required. This means, for instance, that if a person cannot swim, he/she is not required to jump in the river to save a drowning person; he/she would have a duty, however, to alert others or to help the drowning victim by throwing in a life ring or doing some other affirmative act.

Yanıt Açıklaması: The blank must be filled with declatory relief, because it s about asking judge to determine the unfairness of the act. Action for declaratory relief  fits the sentence.

Yanıt Açıklaması: Consequently, a person can also be heldcriminally liable for mere nonfeasance when he/she is under a legal duty to avert a particular harmand neglects to fulfill that duty. If a person hasviolated a legal duty to avert the harm as defined in an offense description and the harm has occurred,the person becomes liable only if he/she could haveaverted the harm by fulfilling the duty to act.

Yanıt Açıklaması: Compulsory enforcement law in general comprises of two major parts. While first part of the discipline deals with individual debt recovery and is called individual enforcement, the latter deals with the creditors and assets of a debtor as a whole and is appropriately called collective enforcement. If a debtor becomes insolvent, this insolvency must be resolved for better or worse. Therefore, there are different courses that may be pursued or utilized according to the attributions of the debtor or the debts. Debts may be restructured, bankruptcy may be postponed, or if all else fails, the assets of the debtor may be liquidated and her creditors get to be compensated. These methods constitute collective enforcement. The correct answer is D.

Yanıt Açıklaması: The non-retroactivity principle forsees that a person should not be convicted or punished except in accordance with a previously declared offense. Therefore, the correct option is A.

Yanıt Açıklaması: The subjective element – also called the mental element- in crime is one of the most significant concepts of substantive criminal law. In general terms, an accused is held liable only if he/she has “Mens rea”. Mens rea is the state of mind or, in the case of negligence, the failure to attain a certain standart of behaviour which the offense definition requires before the accused can be convicted. The correct answer is A.

Yanıt Açıklaması: There are four main legality principles; 1. Punishability requires a written act of parliament and cannot be based on custom. (No Punishment without Law) 2. Criminal prohibitions must determine the prohibited conduct, they must be definite (the principle of certainty) 3. Acts cannot be punished retroactively. (the principle of non retroactivity) The penalty and any ancillary measures shall be determined by the law which is in force at the time of the act. If the penalty is amended during the commission of the act, the law in force at the time the act is completed shall be applied. If the law in force at the time of the completion of the act is amended before judgment, the most lenient law shall be applied. A law intended to be in force only for a determinate time shall be continued to be applied to acts committed while it was in force even after it ceases to be in force, unless otherwise provided by law. 4. The statutory prohibition cannot be extended by analogy to conduct not covered by the ordinary meaning of the words used. (the principle of the interdiction of analogy).  The ECHR, with its Article 7, defines the principle as ‘No one shall be held guilty of any criminal offense on account of any act or omission which did not constitute a criminal offense under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offense was committed.’

Yanıt Açıklaması: In the common law of contracts, where the words of a contract are capable of two meanings, one of which is lawful and the other unlawful, the former construction should be preferredis also employed in interpreting contracts.

Yanıt Açıklaması: Limited liability companies consist of minimum 2 – maximum 50 shareholders.

Yanıt Açıklaması: Calling someonewith nicknames like stingy etc does not count as economical violences.

Yanıt Açıklaması: Systematic interpretation looks at the context of a norm; hence, it involves an investigation into the relations between the norm to be applied and other relevant norms and codes of the same legal system. The systematic interpretation is a significant canon of construction in the civil law tradition.

Yanıt Açıklaması: Article 50 of the CoCP defines the capacity to be a party and makes referral to the Turkish Civil Code. Therefore, the correct option is A.