View Notes – hukuk test1 from ECO at Dokuz Eylül University – Tınaztepe Campus. Hukuka Giri Final Sorular 1. Aadakilerden hangisi zel ceza. View Notes – Ä°Åž HUKUKU huk format (1) from INDUSTRIAL at Mitchell Technical Institute. HUKUKU – HUK 1. HAFTA 2. HAFTA Hukuka Giri. Hukuka giriú ve hukukun temel kavramları. Ankara: Seçkin Yayınları. Barkow, J., H. (). Eti÷in do÷al temelleri. In Changeux, J.P. (Ed.), Translated by:
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Post on Mar views. Introduction to Law ; Gzbyk.
The law must be applied in all cases which come with in the letter or the spirit of any of its provisions. Where no written provision is applicable, the judge shall decide according to customary law and, in default there of, according to the rules which he would lay down if he, himself had to act as legislator.
Herein he must be guided by legal doctrine and case law. Law Hukuk Function of Judge Where provisions are inapplicable, the judge should decide according to a- the existing customary law b- in default there of, the rules he would lay down, if he himself had to act as legislator. Slide 6 Article 2 of Civil Code Conduct in good faith Every person giru bound to exercise his rights and fulfill his obligations according to the principles of good faith The legal order does not sanction the manifest abuse of a right Article 3 of Civil Code Bona fides Bona fides is presumed whenever the existence of a legal position is dependent huuka the observance of good faith.
However, no person can plead bona fides in any hukkua where he has failed to exercise the degree of care required by circumstances. Slide 7 Article 4 of Civil Code Judges Discretion Where the law leaves a point the discreation of the judge or directs him to circumstances of the case into consideration or to appreciate whether a legitimate ground exists, he must base his decision on principles of justice and equity Slide 8 Discretion Public servant For fulfillment of any assignment or attitude Liberty to act Judges discretionlimited Ex.
Article 27 of civil code good causes what are these? Any change made in the name is registered in the birth record and announced officially.
Change of name does not result with change in the status of a person. The person suffering damage due to change of name may litigate within one year as of the date of notification of this fact claiming abrogation of the judgement given for change of name.
Slide 9 Law making- discretionDifferences Law making No provision applicable neither in the law nor in the customary law to the legal conflict Discretion There is applicaple legal rules but GENERAL Within the limits mentioned in the laws- choices Interpretation and fill in the gaps Slide 10 No arbitrary keyfi usage Act in conformity with the followings: Within the limits of discretion Abide by the conditions if mentioned required by law Equity rule Choice should be compatible with laws Legal grounds gereke reasons should be mentioned Briefly: Slide 12 Article 7 of Civil Code Proof by public documents Entries made in public registries and official deeds duly authenticated documents are sufficient evidence of the facts which they state.
Kanunda uygulanabilir bir hkm yoksa, hkim, rf ve det hukukuna gre, bu da yoksa kendisi kanun koyucu olsayd nasl bir kural koyacak idiyse ona gre karar verir.
Hkim, karar verirken bilimsel grlerden ve yarg kararlarndan yararlanr. Hukuk ilikilerin kapsam I. Bir hakkn aka ktye kullanlmasn hukuk dzeni korumaz.
Ancak, durumun gereklerine gre kendisinden beklenen zeni gstermeyen kimse iyiniyet iddiasnda bulunamaz. Bunlarn ieriinin doru olmadnn ispat, kanunlarda baka tiri hkm bulunmadka, her hangi bir ekle bal deildir. Slide 14 Gri rules regulating obligations between private persons are codified in a sperate code: If there is no one to State.
People are free to dispose of their property at their death People may execute will they may leave their property to real or legal person they as they choose Slide 21 Two types of heirs: Statutory Expressly hukuak for by the Civil Code The heirs: Slide 22 Children born outside of marriage Recognized by father Whose paternity is established by court May inherit from their father equally to the children who were born within the marrige Adopted children Treated the same as legimate natural born children of of the deceased.
Receives the same amount as the other chldren of deceased The adoptive parents will not take from adopted childs estate if he predeceases them Surviving Spouse Shares the estate with leaving blood relatives of deceased Hukuuka with descendants of deceased– surviving spouse Together with second parental of deceased surviving spouse Together with grandparents of deceased surviving spouse.
If there is no grandmother takes the whole Slide 23 Regulates the relationship among persons such as engagement, marriage, divorce, parent-child relations, adoption, guardianship vesayet Property systems of spouses Legal Marital Property System Participation in the hukukw property edinilmi mallara katlm Contractual system.