Successfully reported this slideshow.
We use your LinkedIn profile and activity data to personalize ads and to show you more relevant ads. You can change your ad preferences anytime.

Law question

246 views

Published on

LAW

Published in: Law
  • Be the first to comment

  • Be the first to like this

Law question

  1. 1. FORM OF CONTRACT  What is used for the formal requirements of contract?  Form as a Condition for Proof  Art. 200 of Turkish Civil Procedure Law states that all kinds of monetary transactions over 2500 TL can only be proved by a written document.  Where the form of proof required in a contract does not mean that it is a validity form of contract. Contracts are still valid even if it is not made in the form of proof. But it can not be enforceable before the court. 1
  2. 2. REALITY OF CONSENT 2. Fictitious Transactions (Simulated Transactions)  The parties enter into a contract want to create an appearance to third parties which they do not reflect their real intention. There are two types of fictitious transactions.  Relative Fictitious Transaction  In this type there two seperate agreements. One is apparent contract which creates a false appearence toward the third parties. The other agreement is concealed (hidden) behinde the apparent contract. 2
  3. 3. REALITY OF CONSENT  Absolute Fictitious Transaction  In this type there is just one agreement without any hidden contract. They just want to create an appearence toward the third parties.  Illustration: The debtor sells his house to his wife to save himself from the seizure of the creditors. 3
  4. 4. REALITY OF CONSENT  Essential Mistakes  If the mistake is essential the mistaken party is not bound by such a contract (Art. 30 of TCO).  According to art. 31 of TCO the mistake is considered in the following cases:  Mistake as the nature of the contract  Mistake as to the identity of subject matter  Mistake as to the identity of the other party  Mistake as to the quantity  Mistake related to the necessary elements of the contract  Two conditions required: Subjective condition: The mistaken party would not have made the contract if he had known the absence of stated facts. Objective condition: The stated facts should be objectively considered the necessary elements of the transaction according to commercial good will. 4
  5. 5. REALITY OF CONSENT  FRAUD  Fraud is the behavior of fraudulent party with the intention of inducing other party into a mistake in motive in order to obtain the consent of defrauded party.  There is no need to have into an essantial mistake to avoid the contract. If someone misdirected to make a contract with a fraudulent act, he is not bound with that contract. 5
  6. 6. REALITY OF CONSENT 3. An Adequate Causal Connection  There must be a causal connection between the fraudulent conduct and the formation of the contract. If the injured party knew fraud, he would never enter into contract.  There should be also an economic loss as of the false statement or concealment of a material fact. Otherwise defrauded party cannot claim the avoidance. 6
  7. 7. REALITY OF CONSENT  When the party under mistake, fraud or duress does not notify wihin one year, the contract shall be deemed ratified. The contract in this case valid since it is concluded.  Conducts of the injured party implying the approval of the defective contract may also be considered ratification. Exp. If the injured party consumes the goods sent to him. 7
  8. 8. Question 1  1. Which one of the following is a branch of private law?  A) Tax Law  B) Criminal Procedure Law  C) Administrative Law  D) Commercial Law  E) Philosophy of Law 8
  9. 9. Question 2  2. Which one of the following makes a contract void because of its subject matter?  A) Individual rights  B) Good morals  C) Public policy  D) Imperative rules  E) All of the above 9
  10. 10. Question 3  3. Which one of the following is not necessary element to create a valid contract?  A) Offer  B) Acceptance  C) Written form  D) Legal capacity  E) Legal subject matter 10
  11. 11. Question 4  4. If only a single party is under a commitment due to the nature of the contract, what is such a contract named?  A) Enforcement  B) Unilateral legal transactions  C) Bilateral transactions  D) Unilateral contracts  E) Bilateral contracts 11
  12. 12. Question 5  5. Which one of the following contract is an example of synallagmatic or reciprocally bilateral contract?  A) Deposit  B) Contract of mandate  C) Contract of sale  D) Contract of suretyship  E) Donation 12
  13. 13. Question 6  6. Which one of the following is not a kind of imperfect obligations?  A) Obligations arising from gaming contracts  B) Obligations arising from betting contracts  C) Obligations arising from service contract  D) Marriage brokerage  E) Obligations arising from the accomplishment of moral duties 13
  14. 14. Question 7  7. How would you legally classify the writing of “For rent” on a window of an apartment?  A) Invitation to make an offer  B) Offer  C) Bilateral transactions  D) Acceptance  E) Bilateral contracts 14
  15. 15. Question 8  8. Which one of the following is not classified as written rules?  A) The Constitution  B) Codes and Statutes  C) International treaties  D) Custom  E) Statutory Decrees 15
  16. 16. Question 9  9. Which one of the following partnership is not provided in the Turkish Commercial Code?  A) Ordinary partnership  B) Joint stock company  C) Limited liability Company  D) General partnership  E) Limited partnership 16
  17. 17. Question 10  10) I. Contract II. Tort (Illegal Act) III. Unjust Enrichment Which ones of the above-mentioned sources are the origin of obligations in TCO?  A) I, II and III B) I and II C) II and III  D) I and III E) None of the above 17
  18. 18. Question 11  11. What is the term used for legal transactions that may take legal effect by the single declaration of a party?  A) Enforcement  B) Unilateral legal transactions  C) Bilateral transactions  D) Unilateral contracts  E) Bilateral contracts 18
  19. 19. Question 12  12. If only a single party is under a commitment due to the nature of the contract, what is such a contract named?  A) Enforcement  B) Unilateral legal transactions  C) Bilateral transactions  D) Unilateral contracts  E) Bilateral contracts 19
  20. 20. Question 13  13. Which one of the following contract is an example of unilateral contract?  A) Deposit  B) Contract of mandate  C) Contract of sale  D) Service contract  E) Donation 20
  21. 21. Question 14  14. Which one of the following is a criminal sanction?  A) Revocation of license  B) Imprisonment  C) Compensation  D) Alimony  E) Preventive detention 21
  22. 22. Question 15  15. Which one of the following is a branch of public law?  A) Law of Persons  B) Family Law  C) Administrative Law  D) Commercial Law  E) Property Law 22
  23. 23. Question 16  16. Which one of the following is not a civil sanction?  A) Absolutely Inoperativeness  B) Nullity  C) Compensation  D) Imprisonment  E) Void 23
  24. 24. Question 17  17. Which one of the following is an example of unilateral legal transaction?  A) Offer  B) Contract of mandate  C) Contract of sale  D) Contract of suretyship  E) Donation 24
  25. 25. Question 18  18. Which one of the following is not an example of unilateral legal transaction?  A) Offer  B) Acceptance  C) Writing a will  D) Contract  E) None of the above 25
  26. 26. Question 19  19. What is the legal result of a land sales contract not concluded before an authorized land registry office?  A) Absolutely Inoperativeness  B) Nullity  C) Valid  D) Imprisonment  E) Voidable 26
  27. 27. Question 20  20. I. Mutual consent of the parties (offer and acceptance) II. Legal capacity III. Legal subject matter IV. Formalities in some cases. Which ones of the above-mentioned elements are necessary to create a valid contract?  A) I, II and III B) I and IV C) II and III  D) II, IV E) All of the above 27
  28. 28. Question 21  21. Which one of the following is not an advantage of formalism?  A) Reconsidering the agreement.  B) Official form requires the contribution of a legal advisor.  C) Formalism facilitates the process of proof.  D) It makes the acceptance of the third parties easier.  E) It is expensive for the parties 28
  29. 29. Question 22  22. What is the legal consequences of the non-observance of a prescribed form?  A) The contract is void  B) The contract is voidable.  C) The contract is valid.  D) Law orders the conversion.  E) None of the above. 29
  30. 30. Question 23  23. The parties enter into a contract want to create an appearance to third parties which they do not reflect their real intention.  What is the legal term for above mentioned situation?  A) Fictitious Transaction  B) Voidable contract  C) Valid contract  D) Unserious declaration  E) None of the above. 30
  31. 31. Question 24  24. Which one of the following is not an essential mistake?  A) Mistake in motive  B) Mistake as the nature of the contract  C) Mistake as to the quantity  D) Mistake as to the identity of the other party  E) Mistake as to the identity of subject matter 31
  32. 32. Question 25  25. The debtor sells his house to his wife to save himself from the seizure of the creditors. Which one of the following term describe above mentioned illustration?  A) Donation  B) Absolute Fictitious Transaction  C) Subsequent impossibility  D) Relative Fictitious Transaction  E) Mistake 32
  33. 33. Question 25  25. According to Turkish Civil Procedure Law, all kinds of monetary transactions over how much money can only be proved by a written document?  A) 500 TL  B) 1000 TL  C) 2500 TL  D) 5000 TL  E) 10000 TL 33
  34. 34. Question 14 34

×