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INTRODUCTION TO CIVIL LAW AND PERSONS

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(1)

INTRODUCTION TO CIVIL LAW AND

PERSONS

LAW OF PERSONS III

(2)

LAW OF PERSONS III

• Legal entities

• General information about legal entities

• Capacity to have rights and obligations of legal entities

• Establishment and organs of legal entities

(3)

LAW OF PERSONS III

• In civil law, not only natural persons are rightowners. There are also some legal entities, founded by other legal entities or natural persons, which can have some rights and

obligations.

• To become a legal entitiy, there should be organizational structure, continuing purpose and legality.

• Legal entities can be public legal entities, private legal entitites and public economic

institutions.

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LAW OF PERSONS III

• Legal entities are stipulated both in general and specific way.

• There is a general part for legal entities in TCC. There are also some other articles aboout associations and foundations.

• Companies and their types are stipulated in Turkish Commercial Code.

• There are some other types as public legal entities which are stipulated under different

codes.

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LAW OF PERSONS III

• For establish a legal entity, there can be different systems:

• Free establishment

• Permission

• Register

• In Turkish law, associations can be established freely, however the foundations are

subject to a registery.

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LAW OF PERSONS III

• The capacity to have rights and obligations will be different that the natural persons.

Legal entities can only benefit rights which can not be exercices and benefited by natural persons only.

• In this framework of the capacity to have rights and obligations, the legal capacity of the legal entities will be understood and applied.

• Their legal capacity will start as they have all compulsory organs.

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LAW OF PERSONS III

• Types of organs are:

• Decisive organs - administrative organs

• Cumpolsory organs – optional organs

• İnternal organs – external organs

• Organs as person – organs as committee

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LAW OF PERSONS III

• The actions of organs will be bounding for the legal entity.

• In case the organs commits a tort during its exercise of the duties, the legal entity will be liable for the compensation. Then, it will ask for this monetary amount payed from the organs.

• Legal etntities can end their activities in several ways. These ways and procedures are

stated in TCC and other codes differently for each legal entity.

Referanslar

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