Akış
Ara
Mesajlar
Bildirimler
Kaydedilenler
Ne Okusam?
Profil
Gönderi Oluştur
Alışveriş
Keşfet
Kitaplar
Yazarlar
Okurlar
1000Kitap iOS UygulamasıÜCRETSİZ – App Store'dan alın
ŞartlarGizlilikTopluluk KurallarıHakkımızdaReklam VerinİletişimKütüphanecilerDizinlerÇerez Politikası
©2024 · 1000Kitap Web Uygulaması · 2.36.17
Introduction to Law
Kolektif
Trying to unite ideas of retribution with ideas of prevention in different variants, absolute and relative theories of punishment have led to so-called unified theories of punishment. According to the unification, society shall threaten to punish and the penalty shall be pronounced and executed with the aim of protecting society against further offenses but all this shall be done in a way adequate to the wrongdoers’ guilt.
Sayfa 114Kitabı okudu
Court decisions are usually categorized as interlocutory decisions (ara karar) and final decisions (nihai karar). This distinction is made mainly to determine the appealability of a decision. Interlocutory decisions, which are decisions made in order to resume the action as opposed to terminating it, are not appealable in principle as opposed to final decisions. In principle, the court may reverse its interlocutory decision at any time.
Final decisions of the court are generally categorized into three categories, which are (1) procedural final decisions (or dismissal of the action on procedural grounds), (2) the judgment (hüküm) (ruling on the merits) and (3) decisions declaring that the subject matter of the action has perished (therefore there is no need to render a judgment). Procedural final decisions are the dismissal of the action on account of procedural errors. These decisions do not resolve the dispute; therefore, a new action may be filed again. Judgments, on the other hand, resolve the dispute and therefore constitute res judicata, upon which they become unappealable. If a party files another action identical to the previous one, the court must dismiss the action on account of a res judicata on the matter.
Sayfa 188Kitabı okudu
Law does not necessarily approve what it does not condemn.
Sayfa 26Kitabı okudu
According to harm principle in John Stuart Mill’s On Liberty, harm principle is described that a behaviour should not be criminal unless the behaviour causes harm to another person.
Sayfa 115Kitabı okudu
Sources of Law in Civil Law System
1) Main Sources
a) Written Sources (Legislation)
b) Unwritten Sources (Customary Law)
2) Secondary Sources
a) Decisions of Judges (Case Law)
b) Teachings of Judges (Doctrine)
Sayfa 22Kitabı okudu
(...) The laws above are of substantive nature, as they define, prescribe and delimit the content of the law.
Sayfa 4Kitabı okudu
Arbitration (tahkim) is a dispute resolution method in which the parties choose the arbitrator (or the arbitrators) and the procedure to be followed. Otherwise, arbitration is similar to litigation in courts as both methods determine which party is right and both render binding final decisions.
The scope of the rules of arbitration in the CoCP are limited to disputes that do not involve any foreign element as defined by the Code of International Arbitration, for which the seat of arbitration is determined as Turkey (art. 407). Disputes arising from rights attached to real property and matters on which the parties may not freely act are not eligible for arbitration (art. 408). Most of the provisions regarding arbitration are not mandatory. However, there are some mandatory provisions regarding which the parties may not agree otherwise. For instance, according to article 423, the parties share equal rights and powers in arbitration proceedings. This principle must be applied by the arbitrator or the arbitral tribunal regardless of how the parties approach the matter. It also needs to be noted that, provisions of the CoCP other than the ones regarding arbitration are not applicable in arbitration proceedings, unless otherwise stated by the Statute (art. 444).
Sayfa 194Kitabı okudu
A donation is not a unilatirate legal transaction while a will, is.
Sayfa 165Kitabı okudu
Specific deterrence: (...) the criminal will be taught a lesson and will refrain from any future misconduct.
Sayfa 114Kitabı okudu
Relative theories of punishment, namely the prevention theories, focus on preventing the repetitive behaviours rather than on what has happened before. The legitimacy of these theories is based on the idea of its social benefit.
Sayfa 113Kitabı okudu
(Common law) is developed from customs and decisions made by judges. It is not made by parliament.
Sayfa 18Kitabı okudu
Positive law: Law is nothing more than a collection of valid rules, commands, or norms.
Sayfa 11Kitabı okudu
Resistance to law may be moral, but cannot be legal.
Sayfa 26Kitabı okudu
The types of companies listed in the TCC may be grouped as corporate and non-corporate forms of companies.
a. Corporate forms of companies
•Joint Stock Company
•Limited Liability Company
•Cooperative Company (Cooperatives)
b. Non-corporate forms of companies
•Collective Company
•Commandite Company
Sayfa 218Kitabı okudu
Turkish Commercial Law is composed of six books each of which regulate specific areas in the law :
•Book 1: (Articles 1 – 123) on Commercial Enterprise: regulates matters related to commercial business such as consequences and liabilities of a commercial enterprise, types of merchants and acting merchants, bankruptcy, trade registry, interest
Sayfa 217Kitabı okudu