INTRODUCTION TO BASIC
PRINCIPLES AND FUNDAMENTAL CONCEPTS OF LAW
BRANCHES OF LAW II
BRANCHES OF LAW II
• Family law is a sub-bracnh of civil law.
• It is the second book of the Turkish Civil Code and regulated between art. 118-494.
• Family law comprises of the engagement, marriage, the invalidity of marriage, divorce and its results for the spouses and children, monatary regimes of the marriage, general provisions of the marriage, adoption, custody, goods of the children.
BRANCHES OF LAW II
• Law of succession is another sub-branch of civil law. The patrimony of a dead person and its distribution is regulated under law of succession in Turkish Cvil Code between articles 495-682.
• The perliminary question is to define the successors.
• The successors are legal successors, successors with hidden shares and state.
BRANCHES OF LAW II
• Law of goods is also a sub-branch of civil law. It is the 4th book of the Turkish Civil Code and regulated between articles 683-1027.
• Real rights make the right owner use a direct dominance over a good. These rights can be claimed againist everybody and may be breached by everybody. The general topics of the law of goods are these properties and types.
• Real rights can be on a movable and unmovable goods.
• In article of 704 Turkish Civil Code, the unmovable goods are cited. Exxcept those goods, all goods are movable goods.
BRANCHES OF LAW II
• Real rights are numerus clausus.
• It means that the types of real rights and their properties are regulated by code.
• People cannot create a different real right.
• Real rights are property rights and limited real rights.
• Limited real rights have many types.
BRANCHES OF LAW II
• Law of obligations is also a branch of civil law.
• It is regulated in Turkish Code of Obligations.
• According to article 646 of the Turkish Code of Obligations, it is the fifth book of the Turkish Civil Code.
• Law of obligations is about the right to claim and obligation.
• According to the Turkish Code of Obligations, law of obligation has two parts: general provision, special provisions.
BRANCHES OF LAW II
• In general provisions of the law of obligations, the sources of obligation, the formation of contracts, torts, their conditions and results and unjust enrichment are covered.
• Besides the execution of the obligations and non-execution of them are also covered.
• According to types of the breach of the obligation, the results are differing.
BRANCHES OF LAW II
• In special provision of the law of obligations, types of the most common contracts are regulated.
• These are provisions about sale, construction, employment, mandate etc.
• These contracts are regulted with their types and the special part of the law of obligations delas with all these types.
• The articles of the special provisions will be applyed primarily against the articles of the general provisions.
• Lex specialis derogat lex generli.
