Turkish Law Quiz

Rules of Social Order

• Rules of etiquette, religion, custom, morality, and law

Difference Between Law and Other Rules of Social Order

• The difference lies in the power of sanction, which is held by the state.

Significant Functions of Law

• Preserving order
• Achieving justice
• Protecting rights
• Imposing duties
• Promoting freedom
• Upholding the rule of law
• Protecting security
• Resolving disputes

Tasks of Modern Legal System

• Punishing offenders
• Compensating for torts
• Enforcing agreements

Definition of Law

• A set of rules protecting social order.
• Regulates relations between the state and individuals, and between individuals.

Sources of Law

• Primary:
  • Legislation (written resources)
  • Customary Law (unwritten resources)
• Subsidiary:
  • Case Law (judicial precedents)
  • Doctrine (legal scholars' opinions)

Sources of Law (Specific Terms)

• "Sources of Law" refers to a collection of contemporary rules enacted by a state's competent body.
• Legislation is the most important primary source of law.
• Customary law and judicial precedents (case law) are subsidiary sources.
• Books of authority or doctrine are secondary sources.

Turkish Civil Code Article 1

• The law is applied with its word and essence in all matters.
• If there's no provision in the law, the judge decides as a legislator would using scientific opinions and prior judicial decisions.

Case Law

• Judges benefit from prior judicial decisions, but decisions by lower courts are not binding on other judges.
• Supreme court case law is binding.

Doctrine

• This is the opinions, thoughts, and convictions of legal scholars on controversial legal issues.
• It is not legally binding on courts

Hierarchy of Enacted Laws

• Constitution
• Codes (Acts)
• International Treaties
• Presidential Decrees
• By-Laws

Legislative Power

• The Grand National Assembly holds the sole authority to enact laws in Turkey, as given by the Turkish Constitution Article 7.
• This power cannot be delegated to any other body.

Constitution

• The constitution is the supreme law of the country.
• It contains fundamental legal rules and provides guidance for all legislative, executive, judicial, administrative, and other bodies, and individuals.

Types of Law (Examples)

• Public Law: International Law, Constitutional Law, Administrative Law, Administrative Judicial Procedure, Tax Law.
• Public Law (Examples cont.): Criminal Law (Turkish Penal Code), and Code of Penal Procedure
• Private Law: Civil Law, Family Law, Law of Succession, Law of Property, Law of Obligations, Commercial Law, Maritime Law, Private International Law. Legal Status of Aliens, Labor Law, Law of Civil Procedure, Law of Execution and Bankruptcy, Copyright Laws, Intellectual Property Laws

Compulsory Legal Rules

• Forbidding forced labor (Turkish Constitution)
• Stating that personality begins at birth and ends at death (Turkish Civil Code Article 28)
• Defining majority as being 18 years old
• Defining that obligations should be made and accepted during regular business hours (Turkish Code of Obligations)

Descriptive Legal Rules

• Domicile defined as the place where a person is permanently residing
• Merchant defined as a person running a commercial business, partially or fully in their own right
• A worker is a person with a formal employment contract.

Complimentary Legal Rules

• Interest rate determination in contracts
• Determining performance of legal obligation if no time is established
• Determining the place for satisfying an obligation
• Rules of obligation regarding location of an obligation

Interpretative Legal Rules

• A time limit relating to a month applies to either the first or last day of said month.
• A timeframe referring to the middle of the month relates to the 15th.
• Specifying only a month means the last day of the month

Supremacy of Constitution

• The constitution is supreme law.
• Legal provisions cannot be contrary to the Constitution.

Amending the Constitution

• Proposing an amendment requires a minimum of a third of Grand National Assembly members.
• Amendments must be debated twice in plenary sessions
• Amendments require a three-fifths majority vote of the Grand National Assembly members (secret ballot)
• The President of the Republic can send amendments back for reconsideration.
• If the Grand National Assembly readopts a law returned by the president by a two-thirds majority, the president may submit it to a referendum.

Presidential Decrees

• The President may create and/or issue presidential decrees relating to executive power.
• Fundamental,individual and political rights cannot be regulated by presidential decrees.
• Constitutional constraints apply to presidential decrees.

Court Decisions / Precedents

• Precedent is a judgment or decision in a court of law that is used to make decisions in later similar cases.
• In Continental European Countries, judicial precedents are not considered as a source of law; it's the legislature that's viewed as the singular law-creating body
• Prior decisions are not legally binding, but are often followed in practice.
• Decisions from higher courts are generally treated as binding.

High Courts in Turkey

• Constitutional Court
• Court of Cassation
• Council of State
• Court of Accounts
• Court of Conflicts

Constitutional Court

• 15 Judges.
• Actions for annulment: abstract review of norms
• Claim of unconstitutionality before other courts: concrete review of norms
• Individual right to constitutional complaint, after exhausting ordinary remedies

Actions for Annulment / Abstract Review

• Constitional court reviews legal norms.
• Acts upon various legislative and/or presidential decrees.

Claim of Unconstitutionality before other courts

• If a court finds a law or decree unconstitutional, consideration is postponed until the Constitutional Court decides.
• If the court determines that the matter is not serious, the decision is decided by the competent court.
• Decisions are decided, in 5 months, regarding constitutionality.
• Legal claims cannot be made after 10 years, from initial publication of a decision regarding constitutional action.

Decisions of Constitutional Court (Finality, Publication, Implementation Timing)

• Decisions of Constitutional Court are final.
• Decisions may not be distributed to public in absence of justification
• When laws, presidential decrees, and/or rules of the Grand National Assembly undergo Constitutional Court annulment, they cease to exist on Publication date in Official Gazette
• If necessary, Constitutional Court will decide upon effective date of the annulment.
• Decisions cannot be applied retroactively.
• Decisions immediately become public via Official Gazette.
• Constitutionally binding on all relevant entities

Individual Right to Lodge a Constitutional Complaint

• Anyone can make a constitutional complaint if fundamental rights are violated.
• The violation must be remedied, through exhausted ordinary legal remedies.

International Treaties

• Treaties with foreign states require Grand National Assembly approval for ratification.
• Non-financial agreements that are a year or less can be adopted through promulgation.
• The Grand National Assembly must be informed within two months of all promulgations by applicable authorities.

By-Laws

• Law issued by the President of the Republic, ministries, and/or public corporate bodies.
• Used to implement existing laws.
• Must not be contrary to the laws they are meant to implement.

Customary Law

• Customary rules from primitive societies were heavily reliant on supernatural sanctions to maintain social order.
• The importance of customary law has declined in modern societies.
• Custom is a secondary source of law.
• Turkish courts use customary rules when applicable statutory law is absent.
• Requirements for customary law to have legal validity, such as antiquity and continuity, apply.

Customary Law Requirements

• Antiquity: The custom must have a long history
• Continuity: It must be continuously practiced.
• Popular Belief: There must be a belief in the custom's rightfulness.
• State Sanction: The state must acknowledge the custom.
• Agreement with Statutory Law: Custom must not contradict existing laws

Rights

• Rights are benefits that entitle individuals to demand legal protection from the government.
• Rights grant the power to demand protection under law.
• All human beings are born equal in rights.
• Everyone has the right to life.

Public Rights - Private Rights

• Public rights: arise from relationships with the state or society and are governed by public law.
• Private rights: govern personal and economic relations between individuals, involving private law.

Persons

• Individuals are legally considered persons, having a capacity under law.
• People are equal before law and hold same obligations and rights
• Some persons may be incapable of acting legally under certain laws.
• Legal persons are distinct from human beings under law.

Persons and Legal Personality

• Legal representatives for legal persons can act on their behalf.
• Legal persons, like organizations or corporations, have legal standing and responsibilities similar to humans.
• Legal persons may incur obligations, and possess rights.

Capacity To Act

• General capacity to enter transactions
• Capacity to be liable for wrongs/torts.
• Capacity of a individual to conduct transactions

Full Capacity

• Majority and maturity.
• Persons who reach the age of majority will be legally able to engage in contracts.

Age and Capacity

• A person gains full capacity when they reach the age of majority.
• Exceptional cases, like marriage before age 18, can grant majority status.
• Persons below the age of 18 lack the status of being "fully capacitated"

Full Capacity (Fair Judgment, Contracts)

• Persons with majority (age) are considered capable of mature judgment.
• They are bound by contracts they sign, and liable for any damages.

Incomplete Capacity

• Minors or those with declared limitations may have incomplete legal powers.
• They can conduct transactions in the proper way, under legal restrictions.

Place of Residence (Domicile)

• Legal definition of domicle.
• Change in domicile: acquisition of a new residence
• Legal place of residence for children
• A person in a institution does not gain a new residence location.

Protection of Personality

• Bodily integrity, health, freedom, name, reputation and right to privacy are protected.
• A person can sue those who violate their personality rights
• The use of someone's name in a way that damages their reputation, or the disclosure of secrets, are protected activities.

Protection of Personality Against Others/Self

• Protection against being harmed by others or by oneself (actions and extreme restrictions.)
• Imposing limitations on a person is prohibited as per the law
• Exceptions for actions in private/public interest will be valid.

Disclosure of Secrets

• The act of disclosing private letters, etc., is a violation of personality rights.
• Publication of information about a person is protected, unless it is important interest for the public

Monetary Remedies

• Compensation for material damages resulting from personality violations.
• Compensation for moral and/or immaterial damages, including pain and suffering.
• In cases where no material damage is present, compensation to recovery of financial gain for the victim.

Legal Entities (An overview)

• Legal entities, besides human beings, exist under law.
• Include corporations, associations, or foundations with the aim to achieve common purposes.
• Possess certain rights and responsibilities.

Legal Entities (Foundations)

• Foundations are established via a legal process to apply funds to charitable activities.
• The property and actions of the foundation are legally categorized and separated from its founders.

Legal Entities (Business Associations)

• General Partnership, Limited Partnership, Limited Partnership with Shares, Limited Liability Company, and Stock Corporations exist under Turkish commercial law
• Each type has specific characteristics regarding liabilities and rights.

Partnership Types

• General Partnership: All partners share in the business's assets, profits, and liabilities.
• Limited Partnership: Some partners have limited liability (only up to their investment), while others have full liability.
• Limited Liability Partnership: Hybrid structure combining elements of partnerships and corporations, where some partners have limited liability.

Limited Liability Company

• A corporate structure where company members aren't personally liable for company debts.
• A blend of sole proprietorship and corporate characteristics

Stock Corporation (Anonim Şirket)

• Type of corporation whose capital is contributed by shareholders and divided into shares.
• Shares are represented by certificates.

Test your knowledge on key concepts of Turkish law, including rules of law, court decisions, and civil code principles. This quiz covers significant functions of law and various legal definitions relevant to Turkish legislation.