Introduction to Law
KolektifQuotes
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
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
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
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
Specific deterrence: (...) the criminal will be taught a lesson and will refrain from any future misconduct.
Sayfa 114Kitabı okudu
A donation is not a unilatirate legal transaction while a will, is.
Sayfa 165Kitabı okudu
(...) The laws above are of substantive nature, as they define, prescribe and delimit the content of the law.
Sayfa 4Kitabı okudu