Introduction to Law

Yanıt Açıklaması: According to Article 11/1 of the Turkish Commercial Code, the key elements of a commercial enterprise are the will and ability to generate income above a certain threshold, continuity and independence. The correct answer is B.

Yanıt Açıklaması: Sources of criminal law are classified under three different topics: Legislature (Penal/Criminal Code and other statutes), Judiciary and Executive. Customary law could be accepted as a source in private/civil law but not in criminal law. The correct answer is D.

Yanıt Açıklaması: That one is adopted in 1994.

Yanıt Açıklaması: The Code of Hammurabi is the oldest codification in the history (1760 BC).

Yanıt Açıklaması: In Turkey, real persons gain their capacity to act when they complete 18 years.

Yanıt Açıklaması: When the general public observes criminals being punished for their crimes, the public is deterred from criminal conduct for fear of similar punishment. The effectiveness of this rationale depends on the degree of punishment and the degree of certainty that criminals will be caught, convicted, and punished. Therefore, the correct option is A.

Yanıt Açıklaması: An action (dava) is a legal remedy sought from the court by the person of a right that is claimed to be harmed, against the person who is claimed to have harmed the mentioned right. There are three types of actions according to the legal remedy sought: (1) Actions for performance (eda davaları) (2) Declaratory actions (tespit davaları) (3) Constructive actions (inşai davalar) A court requested to create a new legal status, or modify the substance of an existing legal status, or terminate it with constructive action. The correct answer is D.

Yanıt Açıklaması: Objection is a fact that prevents the birth of a right or results in the termination of the right, e.g. termination of an obligation on account of performance. Objections may be examined by the court ex officio, provided that they are determinable in the case file.

Yanıt Açıklaması: The main subject of constitutional law is the form and main organs of the State, structure and functions of State organs and fundamental rights and freedoms.

Yanıt Açıklaması: In Turkish law the normal marriage age is the completion of 17 years of age, with the consent of the parents, and the extraordinary marriage age is the completion of 16 years of age, with the court decision. The correct answer is C.

Yanıt Açıklaması: Liquidation starts in a bankruptcy agency, which is a public agency. Bankruptcy agency begins the liquidation proceedings by cataloguing the assets of the debtor and calling for the creditors to make their claims. In regular procedure, the liquidation is carried out by the participation of the creditors. The creditors hold a meeting and determine the candidate for the board of trustees. The compulsory enforcement court then appoints three persons from the candidates as the board of trustees. The board represents the estate of bankruptcy and carries out the liquidation process according to the CCEB and the decisions made by the creditors. An arbitrator does not play a role in this process. The correct answer is E.

Yanıt Açıklaması: Action (dava) fits the sentence.

Yanıt Açıklaması: A mistake of fact occurs whereby the perpetrator violates criminal law since his/her grasp on reality is erroneous. In such cases, the basic assumption is that the perpetrator would not have acted in the way he did had he/she known the facts of the case. In our case, A hunter mistakes a helper for a bear and shoots the helper. In this case, he does not have the intent to kill a human         being and cannot be punished because of “mistake of fact”. The correct answer is C.

Yanıt Açıklaması: 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. The unfairness of competition and existence of damages - if any - are to be proved by the claimant under the general rules of tort and law of civil litigation procedure. The purpose of the action is generally to ascertain a legal ground for a future action for damages, indirectly to prevent damage from acts of unfair competition or to stop the running of the statue of limitations. Therefore, the correct option is A.

Yanıt Açıklaması: The principle of maximum certainty, one of the principles that lie at the core of modern criminal law, suggests that people should have sufficiently certain and clear warnings about the forbidden conducts. The correct answer is A.

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 privileges if any, for the shareholders, 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. Therefore, the correct option is D.

Yanıt Açıklaması: The Civil Code was effective till 1 January 2002, and the Code of Obligations was effective till 1 July 2012. Then they have been replaced by the new Civil Code and the new Code of Obligations consecutively, but the new versions are also following the nearly the same modernisation pattern of the Swiss laws, therefore they are also no different from the existing Swiss originals mainly. The correct answer is A.

Yanıt Açıklaması: There are three main sources of the civil procedure in Turkey. The essential source of the civil procedure in Turkey is the Hukuk Muhakemeleri Kanunu (Code of Civil Procedure –CoCP-). The second source of Turkish civil procedure is the Court of Cassation (CoC) opinions. Since Turkey does not have a case-law legal system, the source value of the CoC opinions is mainly ancillary to the statutes, with the exception of “consolidation of opinions”, possessing the power of a statute, which is very rarely issued by the CoC. Third source of Turkish civil procedure is the legal literature. The correct answer is A.

Yanıt Açıklaması: Procedural norms arrange and put forward the general outline and progress of laws. Therefore, the correct answer is A.

Yanıt Açıklaması: According to the Turkish Penal Code, gross negligence in failing to perform one’s duties may attach criminal liability, if there is a death or serious injury. Any person causing death of a person due to failure to perform a legal obligation or requirement is basically punished with imprisonment of twelve years to twenty years instead of heavy life imprisonment. The correct answer is A.