INTRODUCTION TO BASIC PRINCIPLES AND FUNDAMENTAL CONCEPTS OF LAW

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INTRODUCTION TO BASIC

PRINCIPLES AND FUNDAMENTAL CONCEPTS OF LAW

BRANCHES OF LAW I

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BRANCHES OF LAW I

• Classification plays an important role in social sciences.

• In law also, a classifictaion among different law branches has been made.

• It serve not only to systematization of issues but also it is important for the practice of law. Some tribunals are to be solved for only cases about some significant law branches.

• The classification of private law and public law is made by Roman law and still existing

in Civil law countries.

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BRANCHES OF LAW I

• The important point at the classification such as private law and public law is that the parties of the legal relationships.

• According to the classical relationship, public law comprises of the relationships between State and State or State and person.

• Private law comprises of the relationships between persons.

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BRANCHES OF LAW I

• Private law has some sub-branches, such as:

• Civil law

• Commercial law

• Private international law

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BRANCHES OF LAW I

• Civil law

• Civil law is the broader sub-brach of the private law.

• All notions used in private law is subject to the civil law. These notion will be applied to all private law relations.

• Civil law also have some sub-branches such as law of persons, family law, law of goods,

law of succession and obligations law.

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BRANCHES OF LAW I

• Law of persons:

• It is the sub-branch of the civil law in which real persons and legal person are subjected to.

• The beginning of the personality, its scope and its ending are main topics in law of persons.

• Law of persons is the first book of the Turkish Civil Code and regulated in between art. 8

and 118.

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BRANCHES OF LAW I

• Personality starts with the birth and ends with the death.

• Every person has the capacity to have rights. The capacity to have rights is the capacity to have right and obligations.

• The capacity to act is different than capacity to have rights. It is the capacity to have

rights and obligations by a person’s own legal acts. It may be considered as the capacity

of the legal act. To have it in full terms, a person should have the mental competence,

maturity and shouldn’t be restricted.

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BRANCHES OF LAW I

• The protection of the personality is another matter covered in law of persons. The person whose personal rights are breached has the right to ask to stop the breach or

compensation of damages.

• Legal persons are also covered in law of persons. Their general provisions, associations

and foundationsa are covered.