Commercial Law Overview (Ticaret Hukuku)
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Questions and Answers

Who is responsible for the management of the ship and its operations?

  • The captain (correct)
  • The consignee
  • The shipper
  • The crew members

In the context of maritime loans, what happens if the ship or cargo is lost during the voyage?

  • The captain must repay the loan regardless
  • The lender receives the principal and interest
  • The lender loses the money (correct)
  • The loan is automatically forgiven

What is one of the responsibilities of the captain when abroad?

  • To follow the orders of the shipowner only
  • To ignore local regulations
  • To prioritize crew interests over maritime laws
  • To obey the orders of official facilities (correct)

What is the concept of 'general average' in maritime law?

<p>Shared loss among various parties to alleviate total loss (B)</p> Signup and view all the answers

Who shares responsibility for actions taken under dangerous conditions that involve or impact the shipowner's orders?

<p>Both the captain and the shipowner (D)</p> Signup and view all the answers

Which type of companies cannot be established according to the content?

<p>Insurance companies (C)</p> Signup and view all the answers

What legal transaction allows the transfer of rights to a new beneficiary of a bill?

<p>Indorsement (D)</p> Signup and view all the answers

What is the main purpose of maritime law as described?

<p>Governing trade and navigation at sea (B)</p> Signup and view all the answers

According to the content, what term describes the beneficiary who transfers a commercial paper?

<p>Indorser (C)</p> Signup and view all the answers

Which aspect contributes significantly to maritime law as stated in the content?

<p>International customs (D)</p> Signup and view all the answers

What happens to the rights and the commercial paper when they are indorsed?

<p>They coincide with each other (C)</p> Signup and view all the answers

What authority can determine the power and duty of partners in a company?

<p>The charter of partnership (A)</p> Signup and view all the answers

What is the result of delivering a commercial paper to a new acquiring party?

<p>Transfer of rights (C)</p> Signup and view all the answers

Which book of the Turkish Commercial Code focuses on the relationships and obligations of business enterprises?

<p>Business Enterprises (D)</p> Signup and view all the answers

What is the main criterion for determining whether a transaction is considered a 'commercial affair' under the Turkish Commercial Code?

<p>At least one party must be a merchant. (B)</p> Signup and view all the answers

How is the applicability of the Turkish Commercial Code prioritized in relation to other codes?

<p>It is applied first, followed by general codes if needed. (B)</p> Signup and view all the answers

Which statement best describes the nature of commercial freedom under the Turkish Commercial Code?

<p>It is subject to general regulations and may have limitations. (B)</p> Signup and view all the answers

What does the concept of 'unfair competition' imply within the Turkish Commercial Code?

<p>Fraudulent actions that harm other traders. (C)</p> Signup and view all the answers

According to the Turkish Commercial Code, who has the authority to determine the existence of unfair competition?

<p>A judge, based on case discretion. (B)</p> Signup and view all the answers

What is the role of supplementary rules in the Turkish Commercial Code?

<p>They provide a default framework unless otherwise specified. (C)</p> Signup and view all the answers

Which book of the Turkish Commercial Code encompasses maritime transactions?

<p>Maritime Law (B)</p> Signup and view all the answers

What is the main regulation governing Turkish Commercial Law?

<p>Turkish Commercial Code Nr. 6102 (D)</p> Signup and view all the answers

How many articles are included in the Turkish Commercial Code?

<p>1535 (B)</p> Signup and view all the answers

Which historical event influenced the preparation of the first Turkish Commercial Code?

<p>The Second World War (D)</p> Signup and view all the answers

Who is particularly noted for their contributions to Turkish Commercial Law during its codification?

<p>Prof. Hirsch (D)</p> Signup and view all the answers

In what year was the first Turkish Commercial Code legislated?

<p>1956 (B)</p> Signup and view all the answers

The Turkish Commercial Code was particularly influenced by which country’s laws?

<p>Germany (D)</p> Signup and view all the answers

Which of the following sources is NOT listed as part of commercial law references?

<p>Smith, J.Commercial Law and Practices.New York 2010 (B)</p> Signup and view all the answers

What was the number of the first Turkish Commercial Code?

<p>6762 (C)</p> Signup and view all the answers

What is presumed about a merchant's debts according to the Turkish Commercial Code?

<p>They are presumed to be commercial unless stated otherwise. (A)</p> Signup and view all the answers

Under what condition can a merchant's purchase for personal use, such as a fur for his wife, be considered non-commercial?

<p>If it is declared non-commercial at the date of the transaction. (A)</p> Signup and view all the answers

What must happen if a recipient does not oppose an invoice within 8 days?

<p>The recipient is presumed to have accepted the invoice. (B)</p> Signup and view all the answers

What are the essential components that every merchant must maintain in their commercial books?

<p>Daily transactions, ledgers, and share statements. (C)</p> Signup and view all the answers

How long must commercial books be protected according to the Turkish Commercial Code?

<p>10 years. (D)</p> Signup and view all the answers

What role does Private International Law play in maritime law according to conflicts between ships?

<p>It is applicable when accidents involve ships from different countries. (D)</p> Signup and view all the answers

What is required of merchants regarding invoices for goods sold or sent?

<p>They have the right and duty to issue or request invoices. (B)</p> Signup and view all the answers

What is the effect of commercial books that are designed according to statutory rules?

<p>They are acknowledged as evidence for the benefit of their owner. (D)</p> Signup and view all the answers

Which of the following best defines a ship according to the Turkish Commercial Code?

<p>A hull that is large enough for sea movements and its intended use. (B)</p> Signup and view all the answers

What is the condition for a merchant to consider a letter of confirmation as consent?

<p>It is presumed unless refused within 8 days. (A)</p> Signup and view all the answers

How are ships perceived in terms of property according to maritime law?

<p>As movable property with special registry requirements. (C)</p> Signup and view all the answers

What constitutes a maritime joint-advanture?

<p>A group of owners sharing a ship used in maritime commerce. (B)</p> Signup and view all the answers

What is NOT a main characteristic of a shipowner?

<p>Must have ownership of the ship. (B)</p> Signup and view all the answers

Under what circumstances are unregistered ships treated differently?

<p>They follow the rules applicable to movable property. (A)</p> Signup and view all the answers

What is the general term used for individuals working in maritime trade?

<p>Seaman (B)</p> Signup and view all the answers

Which of the following statements about ship registry is true?

<p>Every ship must be registered to be recognized as property. (B)</p> Signup and view all the answers

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Flashcards

Turkish Commercial Law

The legal framework governing business and commercial transactions in Turkey.

Turkish Commercial Code

The primary legal document regulating Turkish Commercial Law, enacted in 2011.

Influence of German Law

The German Commercial Code heavily influenced the first Turkish Commercial Code of 1956.

Prof. Hirsch

A prominent German jurist who played a vital role in developing the first Turkish Commercial Code.

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Turkish Commercial Code's Priority

The Turkish Commercial Code governs business transactions involving merchants and is applied before general codes like the Turkish Civil Code.

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Turkish Commercial Code: Specific vs. General

The Turkish Commercial Code is a specific code for business affairs, distinct from the general Turkish Civil Code and Code of Obligations.

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Who is a Merchant?

A merchant is a professional who regularly engages in commercial transactions.

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Commercial Freedom

Commercial freedom allows merchants to establish contracts and conduct business activities as they see fit.

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Supplementary Rules in Commercial Law

The Turkish Commercial Code provides supplemental rules that apply when merchants don't agree on specific terms in their contracts.

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Unfair Competition

Unfair competition occurs when merchants engage in dishonest or misleading activities to gain an advantage over rivals.

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Acts of Unfair Competition

The Turkish Commercial Code prohibits specific acts of unfair competition, such as false advertising and misleading consumers.

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Judge's Discretion in Unfair Competition Cases

The Turkish Commercial Code empowers judges to decide if commercial freedom has been abused in cases of unfair competition.

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Trade Presumption for Merchant Debts

A legal presumption that a merchant's debts are related to their business, unless proven otherwise. This applies unless the merchant declares during the transaction that it's not related to their business or the commercial nature of the transaction is unclear.

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Invoice (Fatura)

A written document listing items purchased, prices and charges sent to a buyer. Failure to object within 8 days implies acceptance of the invoice content.

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Letter of Confirmation (Teyit Mektubu)

A letter confirming an agreement made through verbal communication (phone, telegraph). If not refused within 8 days, it's presumed to be accepted.

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Commercial Bookkeeping

Comprehensive record-keeping practices mandated for merchants, including books for daily transactions, general ledger, inventory, shares, and decisions.

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Commercial Books as Evidence (Positive)

Evidence in favor of the merchant who kept their books compliant with legal regulations and consistent with each other.

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Commercial Books as Evidence (Negative)

Commercial books may be used against the merchant if they failed to keep books, kept them illegally, or refused to present them in court.

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Book Preservation Period

The period for which merchants must preserve their commercial books. This helps ensure accurate financial records and transparency.

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Maritime Law's International Scope

Maritime Law is intertwined with International Public Law and International Private Law, impacting legal disputes in a global context.

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What is a Ship?

Any vessel not too small that can navigate the seas to accomplish its intended purpose.

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Who is a Shipowner?

The legal owner of a ship, whether they directly manage the vessel or delegate the responsibility to others.

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What is a Seaman?

A legal designation for those who work in maritime trade, encompassing a broad range of roles.

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Role of the Harbour in Ship Management

The organization that manages ships and their voyages based on their registration location.

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What are Trade-Ships?

Ships used for business activities, primarily transportation and trade.

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Purpose of the Turkish Ship Registry

A registry for ships, documenting ownership transfers and other rights, similar to land registries.

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What is a Maritime Joint-Advanture (Donatma İştiraki)?

A legal entity where two or more individuals jointly own and operate one or more ships for commercial purposes.

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Captain of a Ship

An individual who takes on the responsibilities of managing a ship and its cargo.

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Maritime Loan

A contract that involves the use of a ship or its cargo as collateral to secure a loan.

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General Average

A situation where multiple parties involved in a maritime voyage contribute to cover a loss incurred by one party. The shared expense aims to minimize individual financial burdens.

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Captain's Obligation in Foreign Ports

The captain must obey the commands of official authorities while in a foreign port. Failure to comply can lead to consequences.

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Captain's Responsibilities

The captain is responsible for the ship's resources, the safety of the passengers and crew, and the smooth operation of the voyage.

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Partnership Authority in Turkish Commercial Companies

Partners in a Turkish commercial company have equal power and authority to represent and manage the company, unless specified otherwise in the company's charter or by the general board.

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What are Commercial Papers?

Commercial papers are documents that hold monetary value and represent a right that can't be claimed or transferred without physical delivery.

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Indorsement in Turkish Commercial Law

The act of transferring ownership of a commercial paper by physically handing it over to the new owner.

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Indorser in Turkish Commercial Law

The beneficiary of a commercial paper, who is entitled to collect the amount specified on the document.

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Powers Granted by Indorsement

The transfer of rights and obligations related to a commercial paper through physical delivery, giving the new owner both the power to collect the amount and the right to pay it.

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Scope of Turkish Maritime Law

Maritime law in Turkey is based on the fifth book of the Turkish Commercial Code and covers trade and navigation at sea, including regulations for sea transport of goods and passengers, maritime accidents, and other marine affairs.

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International Influence on Turkish Maritime Law

Maritime Law in Turkey draws heavily from international customs derived from the common consent of sailors, as ships are often far from their home country and need a common set of rules.

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Origins of Maritime Customs

The maritime customs that have impacted Turkish Maritime Law heavily have their origins in the common agreement and practices of mariners around the world.

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Study Notes

Commercial Law (Ticaret Hukuku)

  • Turkish Commercial Law is primarily governed by Commercial Code No. 6102, enacted in 2011.
  • The code comprises 1535 articles and covers various commercial relationships.
  • The 1956 Commercial Code No. 6762 was influenced by German law, particularly due to German jurists seeking refuge in Turkey during WWII.
  • The code is structured into five books: Business Enterprises, Commercial Companies, Commercial Papers, Insurance, and Maritime Law.

Main Characteristics of Commercial Law

  • Commercial Law applies to a specific professional group, merchants (tacir).
  • Transactions involving at least one merchant are considered commercial affairs.
  • The code prioritizes commercial freedom, but it also includes restrictions to protect third-party rights in cases of unfair competition.
  • Unfair commercial practices, such as dishonesty or fraudulent rivalry, are prohibited.
  • Court rulings play a large role in determining cases of unfair competition.

Business Enterprises

  • Business enterprises are enterprises owned by real or legal persons with commercial organizational structures and accounts. They differ from tradesman enterprises (those primarily managed through physical labor).
  • The businesses have diverse functions, including banking, transport, production, and sale of goods.
  • Enterprises are fundamentally permanent structures and exist to generate profit.
  • Enterprises are subject to bankruptcy in case of insolvency.
  • Merchants are obligated to use trade names and trademarks representing their business.
  • Disputes and conflicts between merchants (or between merchants and other parties) are typically resolved in commercial courts.
  • Legal transactions inter merchants require specific formality/documentation.
  • A trade presumption exists for merchant debts unless the nature of the transaction would suggest an exclusion.
  • Merchants have a duty to provide invoice in the context of goods sold.

Maritime Law (Deniz Ticaret Hukuku)

  • This area of law, within the Commercial Code, covers maritime commerce.
  • Maritime Law deals with various transactions and accidents at sea.
  • The law encompasses trade, transport, (people/goods), and marine affairs like ship accidents.
  • Ships—and seafaring activities—are particularly affected by international customs.
  • The specific legal issues relating to ships, their operation, and their owners are addressed in Maritime Law.

Insurance Law (Sigorta Hukuku)

  • Insurance contracts protect the financial interests of the parties involved in insurance.
  • The party paying the premiums is insured; the insurance company pays out in cases of events specified in the contract, which often involve property and people.
  • Life insurance and property insurance are two major types of insurance outlined in the Commercial Code.
  • Insurance contracts are subject to certain rules, including situations when insurance amounts are greater or less than the real value of the insured item/person.
  • Insured persons need to promptly notify the insurance company about any events that may trigger insurance payouts.

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Description

Explore the essential aspects of Turkish Commercial Law, governed by the Commercial Code No. 6102. This quiz covers the structure, main characteristics, and regulations focused on merchants and commercial transactions, as well as the implications of unfair competition. Test your understanding of this complex legal landscape.

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