Introduction to turkish law için kapak resmi
Başlık:
Introduction to turkish law
Dil:
English
Dil Kodu:
eng
ISBN:
9789065442987
Edisyon:
3. bs.
Yayın Bilgileri:
Deventer : Kluwer Law and Taxation Publishers, 1987.
Fiziksel Tanımlama:
XIV, 279 s. ; 22 cm.

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Kitap HFK0020616 GB 2024 1987 Hukuk Fakültesi Kütüphanesi Kitap Bölümü
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Özet

Özet

English-speaking legal practitioners and academics have here an ideal introduction to the basic institutions, principles, and rules of Turkish law. Encompassing all the major fields of legal practice, Introduction to Turkish Law provides an essential understanding of the Turkish legal system, so that users can become familiar with law and legal processes in Turkey and pursue further research on specific Turkish legal matters. Eleven chapters, written by Turkish experts in their areas of specialty, focus on particular fields and provide also the Turkish equivalents of English terminology. The book covers the following topics: sources of Turkish law; constitutional law; administrative law; legal persons and business associations; family and inheritance matters; property; obligations; criminal law; and, the laws of civil and criminal procedure. The Fifth Edition reflects the continuing adaptation of Turkish law to international standards - especially in light of Turkey's aspirations to membership in the European Union - and incorporates the changes brought by the Civil Code of 2002. A comprehensive and updated list of books and articles in English on Turkish law is appended. This concise, practical, and up-to-date guide is sure to continue providing interested parties with a speedy and reliable opening to many areas of Turkish law they need to learn about. Book jacket.


İçindekiler

Prof. Dr. Adnan GurizProf. Dr. Ergun OzbudunProf. Dr. Sait GuranProf. Dr. Tugrul AnsayProf. Dr. Tugrul AnsayProf. Dr. Tugrul AnsayProf. Dr. Tugrul AnsayProf. Dr. Tugrul AnsayProf. Dr. Tugrul AnsayFeyyaz Golcuklu and Sehnaz Cin SensoyProf. Tugrul Ansay and Dr. Baki Kuru and Prof. Dr. Feyyaz Golcuklu and Dr. Sehnaz Cin Sensoy
List of Abbrevationsp. xv
1 Sources of Turkish Lawp. 1
I Introductionp. 1
II Customary Lawp. 1
A Custom in Civil Law
B The Function of Customary Rules in Other Branches of the Law
III Legislationp. 4
A In General
B Legislation in the Turkish Legal System
C The Main Characteristics of Legislation
D The Hierarchy of Enacted or Written Laws
E Codes in Turkey
F The Problem of Interpretation
G Retroactivity of Laws
H Enforcement of Statutes
I Repeal of Statutes
IV Court Decisionsp. 13
A General Considerations
B Precedents in Turkey
C Court of Cassation
D The Council of State
E The Court of Accounts
F The Military Court of Cassation
G Court of Conflicts
V Doctrine (Books of Authority)p. 16
Selected Bibliographyp. 17
2 Constitutional Lawp. 19
I Historical Backgroundp. 19
II General Characteristics of the 1982 Constitutionp. 25
A Nationalism
B Democratic State
C Human Rights
D Secularism
E Social State
F The Rule of Law
III The Legislaturep. 34
A The Structure of the Turkish Grand National Assembly
B Elections for the Turkish Grand National Assembly
C The Legislative Process
D Control over the Executive
E Budgetary Powers
IV The Executivep. 37
A The President of the Republic
B The Council of Ministers
C Law-making Powers of the Executive
V The Judiciaryp. 42
A The Independence of the Judiciary
B The Constitutional Court and Judicial Review of the Constitutionality of Laws
Selected Bibliographyp. 46
3 Administrative Lawp. 47
I Introductionp. 47
A Subject Matter of Administrative Law
B Background
C The Republican Era
D Emergence and Development of Administrative Law
II Basic Political and Legal Principlesp. 51
A Legality of the Administration
B The Rule of Law
C The Concept of the Social State
D State Intervention in the Economic Field
E Secularism
F Indivisibility of Administration
G Unilateral Acts
H Judicial Review by Administrative Courts
III Administrative Organizationp. 59
A Central Administration
B Decentralized Administration
IV Administrative Powerp. 66
A Administrative Acts and Rule-Making Power
B Administrative Contracts
C Administrative Sanctions
D Emergency Powers
V Public Personnelp. 71
VI Public Domainp. 73
VII Control Of Administrationp. 74
A Non-Judicial Control
B Judicial Control of Administration
Selected Bibliographyp. 83
4 Law of Personsp. 85
I Generalp. 85
II Beginning and End of Personalityp. 85
III Registry of Personal Statusp. 86
IV Persons as Subjects of Rights; Capacityp. 86
A Persons as Subjects of Rights
B Capacity to Act
V Domicilep. 90
A In General
B Domicile of Choice
C Domicile by Operation of Law
D Rules
VI Namesp. 91
VII Nationalityp. 92
VIII Protection of Personalityp. 93
A In General
B Protection of Personality against Others
C Protection of Personality against Oneself
Selected Bibliographyp. 96
5 Legal Persons, Societies and Business Associationsp. 97
I Generalp. 97
II Theories of Personalityp. 98
III Classification of Legal Personalitiesp. 98
A Associations of Persons and Dedication of a Fund to a Specified Purpose
B Public, Private and Mixed Legal Persons
IV Ordinary Partnershipp. 99
V Societiesp. 100
A General
B Formation
C Capacity of Societies
D By-Laws
E Organization
F Membership
G Income of a Society
VI Business Associationsp. 105
A General Classification
B Persons versus Capital
C Business Corporations
D Foundations
Selected Bibliographyp. 110
6 Family Lawp. 111
I In Generalp. 111
II Engagementp. 112
A Agreement to Marry
B Breach of Engagement
III Marriagep. 113
A In General
B Conditions for a Valid Marriage
C Celebration of Marriage
D Marital Life
IV Matrimonial Property Systemsp. 116
V Divorce and Judicial Separationp. 117
A General
B Grounds for Divorce
C The Role of the Judge in a Divorce Suit and Divorce through Mutual Consent
D Judicial Separation
E Legal Consequences of Divorce
VI Parent and Childp. 120
A General
B The Creation of Parent-Child Relation
C Parental Authority
VII Guardianship, Curatorship, Statutory Advisorsp. 123
A Guardianship
B Curatorship
C Statutory advisor
Selected Bibliographyp. 125
7 Law of Successionp. 127
I In Generalp. 127
II Intestate Successionp. 128
A Parentals
B Other Persons who may Inherit
III Testate Successionp. 129
A Wills
B Agreement of Inheritance
IV Reserved Portionp. 132
A General
B Reduction of Dispositions
C Debarment from Inheritance and Loss of Inheritance Rights
V Transfer of Estatep. 134
A General
B Universal Succession
C Legal Status of the Heirs Prior to the Partition of Estate
D Determination of Heirs
E Debts of the Estate
F Disclaimer of Inheritance
VI Partition and Distribution of the Estatep. 136
A Distribution by the Heirs
B Distribution by the Court
Selected Bibliographyp. 138
8 Law of Propertyp. 139
I In Generalp. 139
II Propertyp. 139
III Ownershipp. 140
A The Meaning of Ownership
B Ownership and Possession
IV Possessionp. 142
A Elements of Possession
B Acquisition of Possession
C Land Registry
V Extent of Ownershipp. 144
A Ownership Under and Above the Land
B Component Part or Fixture
C Accessories
VI Participation of Several Persons in Ownershipp. 146
A Co-ownership
B Joint Ownership
VII Acquisition of Ownershipp. 146
A Acquisition of Movable Property
B Acquisition of Immovable Property
VIII Servitudesp. 148
A Definition
B Usufruct
C Real Servitude
D Mortgage
Selected Bibliographyp. 150
9 Law of Obligationsp. 151
Part 1 Contractsp. 151
I Definition and Classificationp. 151
A Definition
B Classification of Contracts
C New Trends
II A Valid Agreementp. 153
III Capacityp. 153
IV Genuineness of Assentp. 154
A Mistake
B Fraud
C Duress
V Legal Causep. 155
VI Legality of the Subject Matterp. 156
A Freedom of Contract
B Limitation of Freedom of Contract
VII Form of Contractp. 158
A In General
B Effects of the Written Form
VIII Termination of Contractsp. 159
Part 2 Tortsp. 160
I Generalp. 160
II Conditions for Tortsp. 160
III Compensationp. 161
IV Third Party Injuriesp. 162
V Statute of Limitationsp. 162
Part 3 Unjust Enrichmentp. 162
I Generalp. 162
II Conditionsp. 162
III Statute of Limitationsp. 163
Selected Bibliographyp. 164
10 Criminal Lawp. 165
I Introductionp. 165
A Purpose
B Theories of Punishment for Crimes
C Basic Principles Governing Criminal Law
II Crimep. 167
A Definition of Crime and Its Elements
B General Elements of Crime
C Participation in a Crime
D Multiplicity of Crimes and Punishments
III Punishment; Prevention of Crimep. 177
A General
B Application of Punishment
C Suspension of Punishment and Conditional Release
D Dismissal of Action and Setting Aside of Punishments
E Restoration of Rights
Selected Bibliographyp. 182
11 Law of Procedurep. 183
Part 1 Introductionp. 183
A General
B Court Structure
C Persons Participating in the Administration of Justice
Part 2 Law of Civil Procedurep. 187
A Commencing an Action
B Evidence
C Rendition of Judgment
D Appeal
E Summary Procedures
Part 3 Criminal Procedurep. 202
A Subject and Aim of Criminal Procedure
B Systems of Criminal Procedure
C Sources of Criminal Procedure Law and Scope of Application of Criminal Procedure Laws
D The Structure of the Judicial System
E Jurisdiction of the Courts
F Actors in Criminal Proceedings
G Evidence
H Provisional Measures
I Commencements and Conduct of the Proceedings
J Legal Review
K Special Procedures
Bibliography on Turkish Lawp. 221
Indexp. 237