HUKUKA GİRİŞ - Deneme Sınavı - 5

Discharge of an obligation means that the obligation has come to an end. The normal way of discharging an obligation is performance. Apart from performance, there are some other ways listed in the Code of Obligations.

Novation is one of these ways. Novation is a new obligation replacing an old one. The preexisting obligation is discharged and a new obligation is created. The parties should conclude an agreement in which the intention should be clearly stated.

The correct answer is E.

Being a real party in interest is the possession of the substantive right associated with the claim. Since the right to litigate is an inseparable aspect of
the substantive right itself, only the real parties in interest must be the parties in litigation.

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. Actions are remedies that are final in nature as opposed to provisional remedies, which are temporary in nature.

In written procedure, there are five separate stages of action. The court is not permitted to commence a stage before completing the previous one. The stages of the action in civil procedure are:
(1) Pleadings
(2) Preliminary examination
(3) Trial
(4) Oral arguments
(5) The judgment

The answer must be submitted within two weeks from the date of the service of the complaint to the defendant.

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.

Main legal consequence of submitting the answerpleading (or failing to do so) is the exhaustion of the right to raise preliminary objections. The legal consequence of submitting these pleadings (or failing to do so) is the commencement of the prohibition of expansion and change of claim and
defense. The most common example of affirmative defenses is the statute of
limitations. If a procedural requirement is absent, the opposing party (defendant) may raise an objection until the end of litigation.

After the payment order is served, the debtor has 7 days to respond.

An arbitration agreement is a contract in which the parties agree on
the resolution of a part of or all present or possible future disputes arising from a contractual or noncontractual legal relationship by an arbitrator or an arbitral tribunal (art. 412). Arbitration agreement may be made as a clause of a contract between the parties or as a stand-alone contract.

The creditor may file an action in the proper court for the invalidation of the objection (itirazın iptali davası) within one year.

Bankruptcy itself is also only available for merchants as well, at least in principle. Only a person recognized as merchant by the Commercial Code is eligible for bankruptcy. Since commercial partnerships are merchants in nature, they are eligible for bankruptcy. Simple partnerships lack legal personality; therefore, they cannot be subjected to bankruptcy, but the partners may. Under some circumstances, partners of general partnerships (kollektif şirket) and limited partnerships (komandit şirket) may also be eligible for bankruptcy.

Civil procedure is not interested in crimes; crimes are contents of criminal law. Others are true.

Turkish former Code of Civil Procedure which was effective from 1927 to 2011 was adopted from Switzerland.

Court opinions are not statutes and they are secondary sources of civil procedure law.

All choices except D, exist in Turkish juridicial system.

The administrative office of the court does the job.

Capacity to be a party in civil procedure law is equivalent capacity to have rights and duties in civil law.

Action (dava) fits the sentence.

Subject-matter jurisdiction of court is about the given sentence. Rules of subject-matter jurisdiction are the rules to follow in determining the proper court at a particular venue and determine the type of the court.

Preliminary examination is for the determine formal convenience.