INTRODUCTION TO CIVIL LAW AND
PERSONS
LAW OF PERSONS IV
LAW OF PERSONS IV
• Associations
• Foundations
LAW OF PERSONS IV
• In TCC, associations and foundations are stipulated.
• Associatons are also stipulated under other legal sources like Constitution, Code of Associtions etc.
• Art. 33 of the Constitution states that «everybody has the freedom to establish, to be a member of an already established association and to end the membership to an
association, without asking any permission from anybody.
• Noone can be forced to be a member and its membership to an association.»
LAW OF PERSONS IV
• Some associations can be stated as association for public interest while others are not.
• Everyone having legal capacity can be member to an association.
• Foreigners can also be member to an association in Turkey.
• The membership can be obtained at the time of the establishment or after the establishment.
• Members will have some rights and obligations.
• One of the most important obligations of the member is to pay a contribution to association.
LAW OF PERSONS IV
• Foundations
• Associations are union of persons, however foundaitons are union of goods.
• Foundaitons are also founded by natural persons or legal entities.
• Foundations are also stipulated under codes and some other legal regulations.
• The union of goods should be made for a purpose stated in the constitutory text of the foundation.
LAW OF PERSONS IV
• There are some types of dounfaitons:
• Foundaitons serving for public interest
• New foundations
• Labor foundations
• Family foundations
• Foundations of communities
• Foundations of artisans
LAW OF PERSONS IV
• A good put in the union of goods van bbe replaced with another good.
• The goal of a foundaiton plays a critic role for a foundation. The establisher(s) of the foundation can choose freely the goal of the foundation.
• The goal shouldn’t be against the public order, national interests, impossible, unclear and temporary.
• A foundation can be established also by a testimony.
LAW OF PERSONS IV
• The legal entity will began as the foundations is registered.
• At that moment, the allocated goods will beunder the property of the foundation.
• The legal entity will have legal capacity as the compulsory organs are appointed.
• There will be some audit of the foundation in order to control whether its actions are compatible with its goal.
