INTRODUCTION TO CIVIL LAW AND
PERSONS
BRANCHES OF LAW III
BRANCHES OF LAW III
• Commercial law is another branch of the private law.
• It is regulated in Turkish Commercial Code numbered 6012.
• It also has some other sub-branches:
• Law of commercial enterprise
• Law of commercial papers
• Company law
• Insurance law
• Maritime commercial law
BRANCHES OF LAW III
• Law of commercial enterprise is dealing with the notions like comercial enterprise and businessman. Commercial enterprise is the main notion of the Turkish Commercial Code.
• In article 11 of the TCC, it is defined as «Commercial businesses , artisans, which aims to provide income for the operation are in excess of the prescribed limit to the activities
carried out continuously and independent entity,».
BRANCHES OF LAW III
• Company law is also a branch of the commercial law.
• Because they play a ciritical role in commerce, they are regulated in details in TCC.
• There are many types of companies:
• Ordinary pratnership
• Open company
• Commandite company
• Commandite company divided into shares
• Joint-stock company
• Limited liability company
BRANCHES OF LAW III
• All companies except ordinary compay has legal personality.
• Joint-stock companies are companies that its capital is divided into shares and that only the company itself is responsible for paying debts, not the shareholders.
• Limited liability companies are the mostly common companies in Turkey. They are not as
strictly formed as joint-stock companies.
BRANCHES OF LAW III
• Law of commercial papers is another bracnh of commercial law.
• Commercial papers are papers that one cannot seperately cliam the right in it. In other words, the right in it and the paper are combined unseperately.
• Most commonly used papers check and coupons.
BRANCHES OF LAW III
• Maritime commercial law is dealing with the commerce on seas.
• Insurance law is analysing and solving problems arose from the insurance contracts varying for each type of insurance.
• Another branch of the private law is the international private law.
• It is regulated in Code of International Private Law.
• It deals with legal problems having an element of foreigness.
BRANCHES OF LAW IV
• In private law, the main topics was the relationships between persons. In other words, in principle, State isn’t part of the private law.
• However in public law, at least one party in relationship is State.
• Since Statecan use public force, it is the powerful party in these relationship. By that
view, it can be said that one of the aims of the public law is to limit the State.
BRANCHES OF LAW IV
• The branches of public law are:
• Constitutional law
• Administrative law
• Tax law
• Procedural law
• Criminal law
BRANCHES OF LAW IV
• Constitutional law is about the foundation of the State, form of the government, main Powers of the State, human rights and the problem of the unconstitutionnality of codes.
• There are some principles of the Constitution:
• «ARTICLE 2- The Republic of Turkey is a democratic, secular and social state governed by rule of law, within the notions of public peace, national solidarity and justice,
respecting human rights, loyal to the nationalism of Atatürk, and based on the
fundamental tenets set forth in the preamble.»
BRANCHES OF LAW IV
• The organs of the State are also topics of the Constitutional law.
• Main three Powers of the State are legislation, execution and judiciary.
• The legislative organ is the GNAT (Grand National Assembly of Turkey). While
executing its legislation duties, it has to be careful about not to breacing Constitution. The
proceudre of the legislatio is regulated in the GNAT bylaws.
BRANCHES OF LAW IV
• The execution organ of the State is the President of the Republic.
• This organ’s main duty is to execute law produced by legislative body.
• The President of the Republic is the head of the State and represents it.
• It is elected via presidential elections.
• The election process is regulated by codes.
BRANCHES OF LAW IV
• The judiciary organ of the State is the courts.
• ARTICLE 138- Judges shall be independent in the discharge of their duties; they shall give
judgment in accordance with the Constitution, laws, and their personal conviction conforming to the law. No organ, authority, office or individual may give orders or instructions to courts or judges relating to the exercise of judicial power, send them circulars, or make recommendations or suggestions. No questions shall be asked, debates held, or statements made in the Legislative Assembly relating to the exercise of judicial power concerning a case under trial. Legislative and executive organs and the administration shall comply with court decisions; these organs and the administration shall neither alter them in any respect, nor delay their execution.
