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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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.
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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
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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
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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
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