The legal system is a set of legal rules that are applied in a certain country at a certain time.
The legal system is a set of legal rules that are applied in a certain country at a certain time. Contemporary legal systems in force in the world can be divided into two basic groups as the Continental European Legal System and the Anglo Saxon Legal System in terms of their common characteristics and features. The legal system of the Republic of Turkey is included in the foundations and systematics of the Continental European Legal system. Modern Turkish law has nothing to do with Islamic law. The Turkish legal system is based on the unity of law. A single legal order is valid on the territory of the Republic of Turkey and the same rules of law are applied to everyone within the borders of the country without discrimination.
The Turkish legal system is secular and the legal rules in this system are independent of religious rules. Turkish law is a codified law. Written rules in Turkish law are essential and legal rules have been compiled and brought together in law texts called laws or codes (For example, Turkish Civil Code, Turkish Penal Code, Turkish Commercial Code, Tax Procedure Law, etc.). Written legal rules constitute the main and primary sources of Turkish law (For example, the Constitution, international agreements, laws, decree laws, statutes, regulations and other regulatory administrative acts). On the other hand, unwritten rules such as customary law in Turkish law are only a secondary-complementary source of law. There is a distinction between private law and public law and the system of judicial separation is valid.
Private law; It is the whole of the legal rules that regulate the relations of individuals with each other on the basis of equality and freedom of will. The private law relationship is bilateral. In other words, in order for a private law relationship to emerge, mutual agreement of the parties is necessary. The type of law (inheritance, property, family, person) that regulates the relations of individuals with each other includes civil law, commercial law, law of obligations, private international law, labor law and enforcement - bankruptcy law.
Public Law; It is a branch of law that deals with the mutual rights and obligations between the state and individuals. The state, which is one of the parties in the public law relationship, is in a superior position. Public law also explains the relationship between the state's own institutions and the state's relationship with another state. Public law Constitutional law. It covers administrative law, criminal law, financial law and tax law.
Branches of private law;
- Civil law: The branch of law that regulates the relations of individuals who are equal before the law with each other is called civil law. Civil law is divided into four branches:
Property Law: Property law, which is a branch of civil law, covers the citizens' right of residence and altitude (the right to benefit from someone else's property within certain rules). Ownership and the rights of the owner on the property are also determined by the laws in the property law. According to property law, the owner of a property is called the owner. Persons who do not own the property but hold it are defined as possessors.
Family Law: It is the law that deals with concepts directly related to the family institution such as divorce, alimony and adoption. Marriage certificates and women's rights are also covered by family law.
Law of Persons: Real and legal persons are defined in the law of persons. All individuals are defined as "natural persons", while businesses and companies are defined as "legal persons". The rights of legal persons and real persons, including associations, are determined by the laws in personal law.
Inheritance Law: The branch of law that examines issues such as refusal of inheritance and inheritance is called inheritance law. Legal regulations regarding in which case people can receive a share from the inheritance are also among the issues that the law of inheritance deals with.
-Law of Obligations: In fact, the law of obligations, which is an integral part of civil law, is a sub-branch of private law that regulates debt relations between individuals.
-Commercial Law: It is the set of legal rules regulating the commercial relations of individuals. The regulation area of commercial law is also relatively wide, and it is divided into sections such as commercial business law, company law, negotiable papers law, maritime trade law, insurance law.
-Private State Law-International Private Law: It is the branch of private law that deals with the relationship between the individual and the state or between individuals and the resolution of emerging disputes in the international arena.
-Labour and Social Security Law: It is the branch of law that regulates the mutual rights and obligations of the parties in the employment relationship established by a contract between the employee and the employer. It is divided into three main branches as individual and collective labor law and social security law.
-Execution and Bankruptcy Law: It is a branch of law that complements civil procedure law. It determines the methods of execution of the decisions given by the civil courts by the enforcement offices. In addition, in the debt relationship, when the creditor cannot obtain its receivable, it regulates the principles and procedures for obtaining this receivable through the enforcement office.
Branches of Public Law:
Constitutional Law: It is the branch of public law that regulates the establishment and functioning of the main organs of the state, the fundamental rights and freedoms of citizens against the state, and their duties and obligations towards the state.
Administrative Law: It is the branch of public law that regulates the establishment and operation of the administration.
Criminal Law: It is the branch of law that regulates the acts and behaviors that are considered as undesirable by the society and prohibited, and the penalties to be imposed on those who commit them.
Tax Law: It is the branch of law that regulates the rules to be followed in the taxation and taxation relationship in the sense of the economic values obtained from the individuals gratuitously and forcibly in order to finance the public services that the state has to fulfill.0 Comments