Introduction to Law Dersi 6. Ünite Sorularla Öğrenelim

Despite wide variety of sub-traditions the civil law tradition has but one initial source: the Roman law.

One can identify the basic characteristics of the traditional common law in following terms:

• It is uncodified;

• It is largely based on precedent and case law;

• It is developed from customs and decisions made by judges;

• It is not made by Parliament.

Interpretation of case law is also an important element of legal method, especially in common law jurisdictions. Indeed, in order to find the law, the common law judge looks at decided cases rather than statutes or codes.

What are the characteristics of human rights?

Human rights are universal rights, which are equal, inalienable, indivisible, interdependent and inherent to human being.

What are the major legal traditions regarding law in the world?

Common Law; Criminal Law, Civil Law.

This is a branch of civil law that generally deals with persons and the modalities attached to persons. In this part we shall mainly deal with the meaning of “person”, the types of persons and the capacity of persons.

The phrase common law has a different variety of meanings. The term originally meant the law that was common to the whole of England. Common law is also a synonym for case law meaning the law that is not the result of legislation, that is, the law created by the decisions of the judges.39 A third meaning of the term common law is the law that is not equity that reveals the dual system of this legal tradition.

What is "Discharge of Obligations"?

Discharge of an obligation means that this obligation has come to an end. The normal way o discharge an obligation is performance.

In Roman law, the sources of law consist of;

• statutes (leges),

• enactments of the plebeians (plebiscita),

• resolves of the senate (senatus consulta),

• enactments of the emperor,

• edicts of those who have an authority to issue them,

• the answers of those learned in the law (responsa prudentium).

How are human rights articulated under Turkish Constitution (1982)?

Under Turkish Constitution (1982) human rights are articulated as “fundamental rights and freedoms”. It is stated in the preamble of the Constitution that every Turkish citizen has the right to the fundamental rights and freedoms laid down in the Constitution in accordance with “equality” and “social justice”, to lead an honorable life and to improve his/her material and spiritual well-being under the aegis of national culture, civilization, and the rule of law.

Adultery

Plots against life, grave assaults and insults

Crime and dishonorable life

Desertion

Law is a set of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the courts.

Natural Law;Law consists of a set of universal and unchanging moral principles accordance with nature.

Religious law is a term of art which is employed to denote a legal system based upon or inspired by a particular religion.

What are the major religious legal traditions of the world?

Major religious legal traditions of the world are:

• Islamic Law (Sharia Law)

• Canon Law

• Jewish Law (Talmudic Law)

• Hindu Law

The question of where the law comes from could be answered with reference to legal tradition, and, in particular, the legal system we are dealing with. In any legal system, there are sets of recognized sources of law.

There are many significant functions of law, such as:

• Preserving order
• Achieving justice
• Protecting rights

• Imposing duties
• Establishing a framework for the conducts

• Promoting freedom
• Upholding the rule of law
• Protecting security
• Resolving disputes

What is the interpretation of contracts?

In many respects, the interpretation of contracts resembles to that of statutes. However, there some aspects of interpretation that are peculiar to the contracts. For example, when interpreting wills, the interpreter must give effect, as far as possible, to the testator’s intention expressed in the will.

Law is not the only normative system we have. Morality, etiquette and manners regulate and shape our behaviour as well. Moreover, in the historical development of law, the stage of customary law was identical with morality. In other words, law and morality were one and the same thing. Yet, history witnessed the separation of laws and morals.

What are the basic tools and methods of legal reasoning?

Deduction; A typical judgment in a legal system based on civil law tradition is a logical deduction or series of logical deductions drawn from pre-existing premises.

“Civil law” is one of the predominant systems of law in the world, together with the Anglo-Saxon law or in other words common law.

What is "interpretation"?

Interpretation is the process of clarifying the true meaning of a written document.43 As a result of interpretation, the interpreter shall decide whether the rule in consideration is applicable to the case at hand.

Family is the basic unit in the society; therefore, not only with the Civil Code but also in the Constitution, great emphasis is granted to the family and to the protection of the family. Therefore Turkish Constitution also brings some provisions that regulate the family in a general way.

What are the functions of the Judicial Syllogism?

Rationality

Gap is one of the most contested concepts in legal methodology. According to the assumption of legal positivism, a state legal order is a complete system without gaps. The prevailing view is, however, that gaps exist and must be closed. Although gap- filling in law uses the methods of interpretation, the distinction between interpretation and gap- filling needs to be acknowledged.

What are the conditions for unjust enrichment to exist?

There are four conditions for unjust enrichment to exist:

1. There must be enrichment in the property of a person.

2. There must be a decrease in the value of property of another person.

1. Creditor: Creditor is the party who is entitled to request the consideration.

2. Debtor: Debtor is the party who is bound to perform a certain act given as consideration.

3.  
   Consideration: Consideration is an act, which the debtor is obliged to perform as the content of her obligation.

What is the law of obligations?

Law of obligations is the branch of civil law particularly concerned with the relations that create obligations. These relations are actually very important for everyone and even in our daily lives every day we enter into these kinds of relations, mostly without recognizing the legal meaning and significance.

What are  five main sub branches of civil law?

    1. Law of persons
    2. Family law
    3. Law of succession

• The Constitution

• Statutes

• International treaties

• Decrees with the effect of law • Regulations

 What are the conditions to be fulfilled for the debtor to be in default?

For the debtor to be in default, there are two conditions to be fulfilled:

1. The obligation should be due

2. The creditor has to draw a notice (formal reminder)

What are the types of legal transactions?

1. Unilateral legal transactions: In unilateral legal transactions there is only one intention declared.

2. Bilateral legal transactions: If at least two intentions are declared mutually, there are bilateral legal transactions.

3. Decisions: There are several declarations of intentions that are declared in the same direction.

What are some requirements for a "valid" offer?

1. First of all, an offer must be definite and certain.

2. Secondly, the offer must be communicated to the offeree.

3. Lastly, the offer must be seriously made. In other words, an offer must be made with real intention of the offeror.

How can contractual freedom 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

5. Freedom to choose the type and subject- matter of a contract.

 What requisites should be met for a person to have tortuous liability?

    1. Act: First of all, there must be an act.

Unjust enrichment is a gain acquired in an unjustifiable manner out of the property of another person. According to article 77 of the Code of Obligations, a person who has enriched himself without just cause at the expense of another is obliged to make restitution.

In the modern legal systems how many types of persons are there?

In the modern legal systems there are two types of persons: Real persons (natural persons) and legal person (juristic persons).

What is "Default of the Debtor"?

Default of the debtor is a form of failure to perform of an obligation, where the performance is still actually possible.

Legal persons are corporate and independent bodies with a specific propose that acquire legal personality according to the special provisions by which they are regulated. The legal persons having an aim against the law and morality may not acquire legal personality.

What is "Capacity to Act"?

Capacity to act is, on the contrary, an active capacity. A person who has capacity to act has the capacity to acquire rights and incur obligations through his/her own actions.