Law
Law · sanalda.comWhat is absolute nullity?
Absolute nullity is the invalidity of a legal transaction caused by a serious failure to meet fundamental validity requirements. In the law of obligations it is generally explained as definitive invalidity. However, special areas such as marriage have different rules governing its effects. It is therefore inaccurate to say that absolute nullity always means a transaction is treated as never having occurred. This article provides general information about Turkish law and does not replace legal advice on a specific dispute.
Law · sanalda.comWhat is Law?
Law is the body of binding rules that regulates social life and defines rights, powers, duties and responsibilities in relationships among individuals and between individuals and the state. It consists of more than statutes or courts: the Constitution, statutes, international treaties, regulations, judicial interpretation and legal principles together form the legal order. Law seeks to preserve social order while promoting justice, legal certainty, human rights and the peaceful resolution of disputes. This article provides general information with a focus on Türkiye and is not legal advice for a particular case.
Law · sanalda.comWhat is a constitution?
A constitution establishes the state’s basic structure, institutional powers and safeguards for fundamental rights. In Türkiye, other legal rules must comply with it. It limits public power as well as organizing institutions. Provisions require reading alongside related rules and judicial interpretation.
Law · sanalda.comWhat is the rule of law?
The rule of law binds public power to law and protects rights through effective safeguards. Having many statutes is insufficient: predictability, independent courts, equality and review against arbitrariness matter together. Türkiye’s Constitution identifies the Republic as a state governed by law.
Law · sanalda.comWhat is separation of powers?
Separation of powers assigns legislative, executive and judicial functions to different constitutional institutions and limits their powers. It aims to prevent unchecked concentration, not merely divide tasks. Relationships vary by constitutional system; current Turkish arrangements require the current Constitution.
Law · sanalda.comWhat are fundamental rights and freedoms?
Fundamental rights constitutionally protect dignity, freedom and participation. They include life, privacy, expression, property and access to justice. Their scope and state obligations differ. In Türkiye, the Constitution, relevant statutes and applicable human-rights treaties require combined consideration.
Law · sanalda.comWhat is a statute?
A statute is legislation adopted through constitutional procedures. In Türkiye, lawmaking belongs to the Grand National Assembly. Statutes regulate rights, obligations and institutional powers. A proposal or news announcement is not enacted law; adoption, publication and commencement differ.
Law · sanalda.comWhat is a regulation in Turkish law?
A regulation implements statutes or presidential decrees within competent authorities’ functions. Constitutional Article 124 provides its Turkish basis. It differs from a statute and cannot contradict its legal foundation. The title regulation does not automatically establish every provision’s legality.
Law · sanalda.comWhat is an administrative act?
An administrative act expresses public authority’s will to produce legal consequences. Appointments, permits and certain sanctions are examples. Not everything an administration does has this character: private-law contracts and factual conduct need separate assessment. Classification affects remedies.
Law · sanalda.comWhat is administrative justice?
Administrative justice reviews particular disputes arising from public administration’s acts and conduct. Administrative, tax and higher courts have different functions. A public institution being a party does not automatically make every dispute administrative; legal relationships and special rules determine jurisdiction.
Law · sanalda.comWhat is a civil lawsuit?
A civil lawsuit seeks judicial protection of private-law rights or determination of legal relationships. Debt, damages and some family or property disputes are examples. A claimant requests relief and a defendant responds. Claim type and special statutes affect procedure.
Law · sanalda.comWhat is a criminal trial?
A criminal trial judicially examines an allegation under legal procedures. Its purpose includes establishing facts lawfully while protecting rights, rather than punishment alone. A complaint or investigation does not prove guilt.
Law · sanalda.comWhat is the presumption of innocence?
The presumption of innocence protects people from being treated as guilty before guilt is established by a final lawful judgment. It is central to criminal procedure and fair trial. Investigating suspicion differs from declaring guilt in advance: the principle regulates investigations rather than prohibiting them.
Law · sanalda.comWhat is the right of defense?
The right of defense enables people to respond lawfully to allegations or claims, discuss evidence and protect their interests. It matters beyond criminal proceedings and connects with constitutional access to justice and fair trial. Scope varies with procedure and role.
Law · sanalda.comWhat is a contract?
A contract creates legal consequences through matching declarations of intention. Sales, leases and services are examples. The Turkish Code of Obligations supplies general rules, with special statutes in some areas. Not every signed document is the same type of contract, and writing is not universally required.
Law · sanalda.comWhat is an obligation?
An obligation legally enables a creditor to demand conduct from a debtor. It need not concern money: delivery, services or refraining from conduct can be owed. Contracts, torts and unjust enrichment are different sources, affecting applicable rules.
Law · sanalda.comWhat is a tort?
A tort can create liability when unlawful conduct harms another. General Turkish rules appear in the Code of Obligations. Harm does not automatically make a particular person liable: conduct, loss, causation and the applicable liability rule require combined assessment.
Law · sanalda.comWhat are consumer rights?
Consumer rights protect people acting outside commercial or professional purposes in qualifying goods and services transactions. Turkish Law 6502 provides the main framework. Purpose and transaction type matter; consumer status does not create unconditional returns for every purchase.
Law · sanalda.comWhat is an employment contract?
An employment contract exchanges dependent work for wages. Turkish Labour Law 4857 is an important source, with other statutes and exceptions for some work. Actual features matter more than labels: independent services and employment are different relationships.
Law · sanalda.comWhat is personal data protection?
Personal data protection regulates lawful processing and individual rights. Turkish Law 6698 is the principal framework. It involves more than secrecy or consent checkboxes: legal basis, proportionality, transparency and security work together.
Law · sanalda.comWhat is inheritance law?
Inheritance law governs transfer of property rights and obligations after death. The Turkish Civil Code provides the main framework. Inheritance includes transferable rights and debts, not only cash or land. Death date, family relationships and testamentary dispositions affect assessment.
Law · sanalda.comWhat is mediation?
Mediation supports communication through an independent, impartial third person while parties seek a solution. Mediators do not impose judgments. Turkish Law 6325 is the main civil-dispute framework, and not every dispute is suitable.