INTRODUCTION TO CIVIL LAW AND PERSONS

INTRODUCTION TO CIVIL LAW AND

PERSONS

LAW OF PERSONS I

LAW OF PERSONS I

• Introduction

• Natural persons

• The beginning and the end of the personality

• Capacity to have rights and obligations

• Legal capacity

LAW OF PERSONS I

• Law of persons is a part of çivil law which deals with the problems arising from the personality and related concepts.

• Person and personality are different legal concepts.

• Person is basically the subject of a right. In other words, it is the right holder.

• Personality is the legal status which comprises all rights and duties as per being a person.

LAW OF PERSONS I

• Principles used in law of persons are:

• Principle of equality

• Principle of freedom

• Respect to personality and its protection

• These principles are generally protected by the Consitution and Codes.

LAW OF PERSONS I

• The beginning of the personality will be decided according to the two cumulative conditions:

• Being born fully

• Being born as a living

• These two conditions must be satisfied, so that a newborn can be qualified as a natural person.

• The end of the personality will ve the death, the presumption of death and the decision of the disappereance.

LAW OF PERSONS I

• Capacity to have rights and obligations is stipulated under article 8 of TCC as «every human has the capacity to have right and obligations».

• This article is a result of the generality and equality principles.

• There can be some limitations to the capacity to have rights and obligations as per age, gender, marriage, foreignness etc. These limitations can be made only by codes, i.e.

noone can limit this capacity voluntarily.

LAW OF PERSONS I

• Legal capacity is the ability to have rights and obligations with own will. Here the

important part is the situation that the person will have rights and obligations with its own will.

• The rules about the legal capacity are in general article 9-16 of TCC. However, there can

be some other articles related to trhis issue in some other regulations.

LAW OF PERSONS I

• The legal capacity for legal transactions are divided into four.

• To have a full capacity, a person must have the power of discernment, he/she must be adult and shouldn’t be placed under guardianship.

• Someone having full capacity, she/he will be able to have all rights and obligations by her/his own will.

• In case of a lack in conditions, she/he won’t be abble to do it on her/his own.