HUKUKA GİRİŞ - Deneme Sınavı - 6

In Turkish legal system unjust enrichment is considered as a secondary (not main) source of obligation. A claim for damages becomes time-barred two (not one) years from the date on which the injured party becomes aware of the loss or damage and of the identity of the person liable for it, but in any event ten (not five) years after the date on which the loss or damage was caused. An act for tortuous liability may be a positive act or an act of omission. The correct answer is A.

There are five main sub branches of civil law. These are: 1. Law of persons 2. Family law 3. Law of succession 4. Law of property 5. Law of obligations, Therefore, the correct option is D.

There are five main sub branches of civil law. These are: 1. Law of persons 2. Family law 3. Law of succession 4. Law of property 5. Law of obligations Civil Code governs the first four sub-branches and the Code of Obligations governs the last subbranch. Therefore, the correct option is D.

Law of Persons 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. Therefore, the correct option is A.

In order to have full capacity, a person should have attained majority, should be capable of making fair judgements and should not be restricted. Therefore, there are three requirements of capacity: The concept of majority, the capacity to make fair judgements and not to be interdicted. Therefore, the correct option is B.

Family law deals with all kinds of disputes in marriages. Therefore, the correct option is B.

Property from previous engagements is not among the acquired property of a spouse. Therefore, the correct option is D.

According to the Civil Code, there are five specific grounds for divorce: 1. Adultery 2. Plots against life, grave assaults and insults 3. Crime and dishonorable life 4. Desertion 5. Mental illness. Alimony is not one of them. Therefore, the corret option is E.

Consideration is an act, which the debtor is obliged to perform as the content of her obligation. It may be an act of giving something, like in sales contract, giving the good and giving the payment in return. It may be an act of doing something, like in employment contract-employees cleaning the building, or it may be an act of refraining from doing something, like in an agreement of restraint of trade. Therefore, the correct option is B.

In unilateral legal transactions there is only one intention declared. The legal rules recognise binding effect only to this single declaration of intention. The best example to that is a will. A Will is the last wishes of a person. Some other examples are recognition of a child, withdrawal from a contract, resignation, establishment of a foundation. Therefore, the correct option is A.

Contractual freedom may 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 subjectmatter of a contract. Therefore, the correct option is D.

This situation is known as presumption of absence in law. It is highly probable that a person is dead because he or she has disappeared in extremely life-threatening circumstances. In that case the next of kin (the next of kin may be any person deriving rights from his or her death) has to wait for one year and then apply to the court.

The correct answer is A.

A person who has capacity to act has the capacity to acquire rights and incur obligations through his/her own actions. In order to have full capacity, a person should have attained majority, should be capable of making fair judgements and should not be restricted. however, a person's capacity may be restricted for certain legal transaction, in which case he/she has limited capacity. It is mostly acknowledged that married persons are also of limited capacity mainly because of regulations related to family domicile.

The correct answer is B.

According to Turkish Civil Code, “engagement” and “marriage” are the sole legally accepted unions. Engagement is not a registered relationship, whereas marriage is a registered relationship. Since these are limited in number, the parties do not have any discretion to freely create new types of legal unions which have not been set forth in the Civil Code or apply the consequences of marriage to other civil unions by analogy.

The correct answer is B.

A person should first have the capacity to marry, which means that a person to marry should first of all have discretion. Second requirement is related with age. People normally reach majority at the end of 18 years, but a person at the age of 17 can get married with the permission of the parents. Furthermore, marriage between close relatives is prohibited, and monogamy is one of the essential principles of marriage.

As required in any legal transaction, the declaration of intention by the parties is a must in marriage. According to the Turkish Civil Code, the man and the woman must express orally their will to get married in front of an official authorized (civil registrar).

Consent of parents is not required to get married unless one of the partners is not younger than 18 years of age.

The correct answer is D.

In Turkey, if spouses do not make a choice, they will automatically be subject to the legal matrimonial property system, which is "participation in the acquired property". Unless the spouses agree upon a different regime, the acquired property that each spouse acquires during the marriage is shared equally when the marriage comes to an end with whatever reason. The concept of acquired property is important. According to article 219 of the Civil Code, acquired property comprises the assets which a spouse has required for valuable consideration during the matrimonial property regime.

The correct answer is C.

A legal transaction is a declaration of intention to which the legal order binds legal effects. In unilateral legal transactions there is only one intention declared. The legal rules recognise binding effect only to this single declaration of intention. The best example to that is a will.

The correct answer is D.

A contract is a legal transaction concluded by a mutual exchange of assents of two or more persons. Therefore, for the formation of a contract there is a need for two mutually declared intentions - offer and acceptance. An offer is a declaration of intention by one party, known as the offeror, whereby he expresses his willingness to enter into a contract. An offer, until it is terminated, gives the offeree a continuing power to create a contract by declaring an acceptance. An acceptance is a declaration of intention to agree to the terms of the offer. If all its elements are complete, a contract takes effect at the moment it is concluded. 

The offeror does not have to set a time limit. If no time limit is set, then the Code of Obligations makes a distinction between the parties who are present and who are absent. Where an offer is made in the offeree’s presence and no time limit for acceptance is set, it is no longer binding on the offeror unless the offeree accepts it immediately. Offers declared by telephone, computer or other communication tools, on the condition that the parties understand and respond simultaneously, are considered to be made in the offeree’s presence. Thus, physical presence is not required for a contractual offer.

The correct answer is C.

Any person who unlawfully causes loss or damage to another, whether willfully or negligently, is obliged to provide compensation. When all the above mentioned elements exist, a person is subject to tortuous liability. 

Unlawfulness is the avoidance of the compulsory legal rules that safeguard a person in her person and/or property. A person who willfully causes loss or damage to another in an immoral manner is likewise obliged to provide compensation.

The correct answer is B.

In monetary debts, the most important result is to pay an interest. The debtor in default definitely has to pay interest even if he/she does not have fault in being in default and the other party is not suffering from any loss due to late performance. This is named as the default interest. If the creditor suffers more damage that cannot be covered with the default, interest and if the debtor has fault being in default this time the debtor has to pay the additional damages as well.

The correct answer is B.