HUKUKA GİRİŞ - Deneme Sınavı - 8

In the modern legal systems there are two types of persons:Real persons and legal persons.

Turkey adopted Swiss Civil Code in 1926 and it was effective until the year 2002.

Civil law has 5 different subbranches: 1. Law of persons 2. Family law 3. Law of succession 4. Law of property 5. Law of obligations.

Law of obligations is regulated in the Code of Obligations, not in the Civil Code.

The personality of a real person begins with birth. According to article 28 of the Civil Code:“Personality right begins on the birth of the living child.

In Turkey, real persons gain their capacity to act when they complete 18 years.

Theft is a crime and it is not solely an interdiction reason.

People can marry with their cousins in Turkish law.

Code of Obligations includes general part and the specific types of contracts part. So the answer is 2.

The definition belongs to the offer.

Omissions are also enough to realize a tort; so intent is not necessary in every case. Others are true.

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

The law of property’s main subject is the real rights. Real rights are the rights built on a property
that give their owner the right to assert against all persons this right. Ownership, hypothec, usufruct are some examples of the real rights.

The word “person” refers to human beings in general usage. But in the legal sense it has a wider
meaning. In the modern legal systems there are two types of persons: Real persons (natural persons) and legal person (juristic persons). Real persons are actual human beings, while legal person term includes companies, associations, foundations, syndicates, even the state.

There are five main sub branches of civil law;

1. Law of persons

2. Family law

3. Law of Succession

4. Law of Property

5. Law of obligations

The normal way to end the personality is death. Legally, for a person to have considered as dead, the corpse of this person should be found. When there is no corpse, this situation is not regarded as death. At this point, there are two important presumptions under which legally the person is also considered to be dead though there is no corpse present. 

The two important presumptions which death is presumed are presumption of death and
presumption of absence. According to this provision, the death of a person is deemed proven, even if no one has seen the corpse, if that person has disappeared in circumstances in which his death may be considered certain. The result of death presumption is just like normal death. There is no need for a special court decision.

In declaration of absence there are two different situations. In the first case, 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 has to wait for one year and then apply to the court.

In the second case, a person has been missing for a lengthy period of time without any sign
of life. This is a situation in which a person has disappeared without any reason. In that case, five
years should be waited since the last sign of life before the application to the court.

The word “person” refers to human beings in general usage. But in the legal sense it has a wider meaning. Besides human beings, legally this term includes, companies, associations, foundations,
syndicates, even the state. Therefore, person is a being that is subject to rights and obligations that are imposed to it by law. In other words person is the object of legal rights. As a rule to be regarded as a person, the law has to recognise as a person, otherwise this being shall not be considered as a person.

The normal age of majority is the conclusion of 18 years of age, but the marriage age is 17. A person of 17 could get married with the permission of the parents. On the condition that there is an extraordinary situation and an important ground, the judge may give permission to a person who has completed his/her 16 years of age to get married.

In matrimonial property regime, 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.  According to article 219, acquired property comprises those assets which a spouse has required for valuable consideration during the matrimonial property regime. In particular, the acquired property of a spouse comprises:

1. The proceeds from his or her employment,
2. Benefits received from social security, social welfare institutions and staff welfare schemes,
3. Compensation obtained for inability to work,
4. Income derived from his or her own individual property,
5. Property acquired to replace acquired property.

On the other hand, a spouse’s individual property comprises:

1. Personal items used exclusively by that spouse,
2. Assets belonging to one spouse at the beginning of the matrimonial property regime oracquired later at no cost by inheritance or otherwise (for example, donation),
3. Immaterial (moral) compensation,
4. Acquisitions that replace individual property.

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; majority, discretion and not being interdicted.

In Turkish law the normal marriage age is the completion of
17 years of age, with the consent of the parents, and the extraordinary marriage age is the completion of 16 years of age, with the court decision. If a person gets married
before the completion of 18 years of age in the mentioned circumstances, this would acquire majority. The second way is the court decision. A minor who has completed his/her 15 years of age, may upon his/her application and with the consent of his/her parents, be declared by the court to be of full age. But to grant this decision, there should be a valid ground for this application.

Persons who have discretion are able to make fair judgements, so that they can act rationally. According to article 13 of the Civil Code, a person is capable of making fair judgements if he or she
does not lack the capacity to act rationally by virtue of being under age or because of a mental disability, mental disorder, intoxication or similar circumstances.

There are some grounds in which a person may be interdicted. They are named in CC art. 404- 408 as mental disability, mental disorder, habitual drunkenness, habitual gambling, one year or more imprisonment. In these situations a person is interdicted.