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Introduction to Law Dersi 6. Ünite Sorularla Öğrenelim

Introduction To Civil Law

1. Soru

What is the initial source of civil law?

Cevap

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


2. Soru

What are the characteristics of common law? 

Cevap

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.


3. Soru

What is the role of case law and its interpretation?

Cevap

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.


4. Soru

What are the characteristics of human rights?

Cevap

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


5. Soru

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

Cevap

Common Law; Criminal Law, Civil Law.

Civil Law; Public Law, Private Law


6. Soru

What is "law of persons"?

Cevap

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.


7. Soru

What is common law?

Cevap

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.


8. Soru

What is "Discharge of Obligations"?

Cevap

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


9. Soru

What are the sources of Roman Law?

Cevap

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).


10. Soru

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

Cevap

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.


11. Soru

What are the specific grounds for divorce?

Cevap

Adultery

Plots against life, grave assaults and insults

Crime and dishonorable life

Desertion

Mental illness


12. Soru

What is law?

Cevap

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.


13. Soru

What are some major theories on law?

Cevap

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

Positive Law;Law is nothing than a collection of valid rules, commands, or norms.

Others;Law is a vehicle to protect the individual rights, to attain justice or economic, political or gender equality.

A Dictionary;Law is the whole system of rules that everyone in a country or society must obey.

A Marxist;Law cannot be a neutral body of rules which guarantees liberty and legality.


14. Soru

What is religious law?

Cevap

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


15. Soru

What are the major religious legal traditions of the world?

Cevap

Major religious legal traditions of the world are:

  • Islamic Law (Sharia Law)

  • Canon Law

  • Jewish Law (Talmudic Law)

  • Hindu Law


16. Soru

Where does law come from?

Cevap

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.


17. Soru

What are the main functions of law?

Cevap

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


18. Soru

What is the interpretation of contracts?

Cevap

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.


19. Soru

What is the relation between law and morality?

Cevap

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.


20. Soru

What are the basic tools and methods of legal reasoning?

Cevap

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.

Analogy; Known as one of the most commonly used arguments in legal reasoning in every legal system, legal analogy simply means finding the solution to a problem by reference to another similar problem and its solution.


21. Soru

What is civil law?

Cevap

“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.


22. Soru

What is "interpretation"?

Cevap

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.


23. Soru

What is the importance of "family" in Turkish legal system?

Cevap

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.


24. Soru

What are the functions of the Judicial Syllogism?

Cevap

Rationality

Certainty

Justification

Guidance


25. Soru

What is "gap" in law methodology?

Cevap

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.


26. Soru

What are the conditions for unjust enrichment to exist?

Cevap

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. The enrichment must be without a just cause

  2. There must be a causal relation between the enrichment and the decrease in the value of property.


27. Soru

What are the elements of "obligation"?

Cevap
  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.

28. Soru

What is the law of obligations?

Cevap

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.


29. Soru

What are  five main sub branches of civil law?

Cevap

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

  1. Law of property

  2. Law of obligations


30. Soru

What are the sources Turkish Law from top to down?

Cevap

• The Constitution

• Statutes

• International treaties

• Decrees with the effect of law • Regulations

• By-laws

• Customary law

• Judicial decisions


31. Soru

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

Cevap

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)


32. Soru

What are the types of legal transactions?

Cevap
  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.


33. Soru

What are some requirements for a "valid" offer?

Cevap
  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.


34. Soru

How can contractual freedom be summarized as five different types of sub-freedoms?

Cevap

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.


35. Soru

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

Cevap

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

  1. Unlawfulness: Unlawfulness is the avoidance of the compulsory legal rules that safeguard a person in her person and/ or property.

  2. Fault (culpa): Fault is either a willful act or a negligent act.

  3. Damage: It is the loss either given to a person or to his property or both.

  4. Proximate causal relation: There must be a proximate causal relation between the unlawful act and the damages.

     

36. Soru

What is "Unjust Enrichment"?

Cevap

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.


37. Soru

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

Cevap

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


38. Soru

What is "Default of the Debtor"?

Cevap

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


39. Soru

What are the features of "legal persons"?

Cevap

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.


40. Soru

What is "Capacity to Act"?

Cevap

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.


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