Full transcript
0:00Hello everyone , my blossoms . Yes , we
0:03are here in your presence once again .
0:05As Paşa Hoca , today we are starting a
0:07brand-new series , friends . You remember
0:10that constitutional and citizenship "
0:13must-knows " summary video we filmed a
0:15few years ago that you all showed so
0:18much interest in , the one with over a
0:20million views ? Well , friends , we are
0:23updating it . Yes , it’ll be a series ;
0:26I should mention that . So , teacher , how
0:28will it work ? Friends , this video will
0:30continue in two or three parts . We will
0:33say , " know these and that’s enough . "
0:34We will apply this to constitutional
0:36law and citizenship . We will apply it
0:38to history . We will apply it to
0:39everything . Our bombshell videos are
0:41coming , friends . Also , let me say this .
0:44Subscribe to our channel , friends . Like
0:47our posts , friends . Let’s keep being
0:50together with amazing videos . Please
0:54stay tuned for content like this , as
0:56well as history and
0:57constitutional-citizenship question
1:00solutions . Yes , my blossoms , we
1:03mentioned it just now . Citizenship and
1:05constitutional law ; know these and
1:06that’s enough . Our video series is
1:09starting . Part 1 . Teacher , which topics
1:12? Friends , the first three questions ,
1:14meaning the fundamental legal knowledge
1:16questions . We will continue here , don't
1:19worry . Come on , it’s going to be a
1:21very long video anyway . We’ll get
1:22right into it . I’m a bit intimidated
1:24myself . I’m scared , friends . Let’s
1:26see how long it will take . Whatever is
1:28best . Let’s begin . In the name of God
1:30. Yes . What is a society , friends ?
1:33Society is the entirety of people who
1:35live together on the same piece of land
1:37and have common interests . We are a
1:40society . What is needed to keep society
1:43together and ensure order ? Look ,
1:45blossoms , rules are needed . Okay , my
1:49dear ? And moving on , what do I call the
1:51regulations in society that impose
1:54limitations on an individual's behavior
1:56and have the power of sanction ? I call
1:59them social rules . Rules that ensure
2:02social order . Okay , my friend ? And now
2:05we are starting . We said , " In the name
2:06of God . " Second " In the name of God . "
2:08Friends , how many rules ensure social
2:11life , that is , social order ? Four , my
2:14dear . Teacher , do I have to know all
2:16four of these ? You won't have to know
2:19them , my blossom , you won't . Relax .
2:21What is the main point here for you ?
2:23Legal rules . Let’s continue . Aha .
2:26What are legal rules , brother ? They are
2:29rules that regulate the relations of
2:31people with each other and with the
2:33state , supported by public power . And
2:36pay attention . By whom are legal rules
2:39supported ? By public power . Meaning
2:42they are supported by the state . They
2:45are mandatory rules that must be
2:47followed . Friends , we are obliged to
2:49follow legal rules here . Otherwise ,
2:51what do we face ? We face the authorized
2:54units of the state . Okay , my dear ?
2:56Watch out . Be careful . The sanction of
2:59legal rules is material . Pay attention .
3:01When I say " material " here , I’m not
3:03talking about money . I’m talking
3:05about types of material sanctions .
3:08Meaning I’m talking about the
3:09state’s enforcement . Did you
3:10understand , my blossom ? Moving on .
3:12Which of the following is not one of
3:15the legal rules that regulate social
3:17life ? Friends , this is an exam question
3:19. I put the exam questions in . Did you
3:22understand ? Relax , like , before anyone
3:24sees . So , religious rules : yes ;
3:27etiquette : Yes . Morality : yes ; law : yes
3:29; but what do physical laws have to do
3:31with it , right ? I mean , there's reason
3:33and logic . Moving on , yes , what does
3:36the state do with legal rules ? Let’s
3:38talk about the Republic of Turkey here ,
3:41friends . It tries to ensure equality in
3:44society , but this equality is
3:45definitely not an absolute equality .
3:48There is a question about it a bit
3:49later . I mean , yes , we are equal before
3:51the law and the state . We are equal ,
3:53but absolute equality — I mean , one
3:55human cannot be exactly equal to
3:57another , friends . The state ensures
3:59justice . Yes . But pay attention here as
4:01well . There is no such thing as
4:02absolute justice , friends . For whom ?
4:04Justice for what ? Right ? It tries to
4:06ensure social freedom . It tries to
4:08ensure social order and peace , which I
4:10think is very important , this 4th . item
4:12. It tries to respond to new formations
4:15and developments , friends . Legal rules ,
4:18meaning these rules that ensure social
4:21order , are ultimately rules made by
4:23people , by the authorized bodies of the
4:25state , friends , and they must be open
4:28to development and must be continuous .
4:31Did you understand , my dear ? Continuing
4:33. Aha . Let's come to : Which of the
4:35following is not one of the basic
4:37duties of law ? it asks us . Question .
4:39Look , look at A. This is not the
4:41problem . Look at B , man . Look , did you
4:42see ? Look . Ensuring absolute equality .
4:44Friends , I just talked about this .
4:46Didn't I just talk about it ? There
4:48cannot be such a thing as absolute
4:49equality , my dear . Okay ? Definitely . I
4:52mean , can a woman and a man be equal ?
4:54There is reason , there is logic . Right ?
4:56There is reason , there is logic . Can
4:58you be equal to me ? Heh , think of it
5:00that way . But we are equal before the
5:02law and the state . Okay , my dear ?
5:04Continuing . K Yes . Which of the
5:06following cannot be said to be among
5:08the basic characteristics of law ?
5:09Friends , it is general . It is general .
5:12Don't forget . Law is aimed at everyone .
5:14It is abstract , friends . Look , don't
5:16forget . Legal rules are abstract , but
5:19you see the application of legal rules .
5:22Its application is concrete . The rule
5:25itself is abstract . Look , you get stuck
5:27here a lot . It is impersonal . It is
5:30aimed at everyone , meaning we had
5:31already said it's general , and here it
5:33is based on sanctions , which we will
5:34see in a moment , it is based on
5:35material sanctions . But legal rules are
5:37not time-bound , friends . They are
5:39continuous . Therefore , our answer is
5:41option E. Don't forget , continuing . K
5:44Let's look at the characteristics of
5:46legal rules . Look , it's also related to
5:48the previous question . It already
5:50ensures social order . It is supported
5:53by public power , by state power . It has
5:54a material sanction . It is variable . It
5:56can change , friends . I mean , the
5:58state's authorized bodies set a rule .
6:00Then they see the problems in that rule
6:02. They remove it , set a new one , or can
6:04make a change to that rule . Think of it
6:06like a law . Think of it like a
6:08regulation , my blossom . Did you
6:09understand ? They are continuous ,
6:11friends . There is no such thing as
6:12temporary law . In general , it is
6:14applied to everyone . Meaning it is
6:15general . I am saying in general . Also ,
6:17it is abstract . Don't forget , look , you
6:18will pay attention to this , my dear .
6:19Pay attention to this . Legal rules are
6:21abstract . It aims to realize justice .
6:25But let me say it again here . There
6:27cannot be such a thing as absolute
6:28justice . I mean , something like that
6:29would be very utopian . What was the
6:32important difference that distinguished
6:33legal rules from other social order
6:35rules , my friend ? What did we say just
6:37now ? Legal rules are state-supported .
6:40Meaning it is a material sanction .
6:42Meaning we said it is based on public
6:44power . Right , my dear ? Aha . Done and
6:46finished . The answer is Denizli .
6:48Friends , all rules , meaning all rules
6:50that ensure social order , provide for
6:52social order . Religion , morality ,
6:54etiquette , law ; all of them impose
6:56duties upon individuals , my friends .
6:59For example , let's say , what are
7:00religious rules ? Well , fast , pray , be a
7:03good Muslim . They are directed at
7:05everyone , my friends , all the rules . I
7:07mean , can you say , let these people
7:08follow religious rules , or let those
7:10people follow them ? Or the same for
7:12moral or etiquette rules . They all
7:15contain certain commands and
7:17prohibitions , my friends ; let me repeat
7:18, my students get tripped up on this a
7:20lot — all systems that provide social
7:22order have commands and prohibitions ,
7:24including law , if you think about it ,
7:26you'll see , you understand ? Moving on .
7:30What is a sanction , a penalty ? Any rule
7:33, a rule was set . Commands and
7:37prohibitions were set , but what did you
7:39do ? You didn't follow those commands
7:40and prohibitions . Be it religion ,
7:42morality , etiquette , customs , or law ,
7:44it doesn't matter , my friend . Let's say
7:46you didn't follow that rule . I mean ,
7:48the rule the state set about , for
7:49instance , not crossing on a red light
7:51while driving , you didn't follow it . So
7:53what happens , man ? You face a sanction .
7:56Think of it like a compulsion , like a
7:58penalty . Got it ? There's something I
8:00want you to pay attention to , my dear .
8:01Look , pay attention to this . All rules
8:04that ensure social order have a certain
8:07penalty . Meaning , they have a sanction .
8:09This sanction exists in all of them .
8:11Don't forget , what happens if we don't
8:12follow religious rules ? Or what happens
8:15if we don't follow moral rules ? What
8:18happens if we don't follow the rules of
8:20etiquette ? I mean , what happens if we
8:21don't follow the rules of social
8:22conduct ? Huh ? What happens if we don't
8:24follow legal rules ? Understand ? It
8:25exists in all of them . Don't do it like
8:27this , teacher . Only legal rules have
8:29sanctions ? Don't the others have them ?
8:33How could they not , my dear ? How could
8:34they not , my dear ? Moving on . Yes . How
8:38many types of sanctions are there ?
8:39Material sanction . Moral sanction . Who
8:41uses material sanctions , man ? Legal
8:44rules . Only in legal rules . Moral ones
8:48are in religion , morality , etiquette ,
8:50and friends , these types of customs ,
8:53traditions , etc. Understand ? But the
8:56sanction in legal rules is material .
8:59Don't forget this . Moving on .
9:00Continuing immediately . Okay friends ,
9:03types of material sanctions , or rather ,
9:07the types of legal order and the
9:10sanctions we face when we don't comply
9:14— punishment . If we commit a crime , we
9:18get punished , right ? What happens if we
9:20don't fulfill our debts or
9:22responsibilities ? We face execution of
9:24judgment . Why do we pay compensation ?
9:27If we cause material or moral harm to
9:28others , the state , or institutions ;
9:30cancellation is also important here ,
9:31friends , we will see administrative
9:33acts . Invalidity is also important ,
9:36friends . Look , the sanctions of the
9:38legal order , meaning the types of
9:39material sanctions , what were they ?
9:42I'll say it again . Punishment , forced
9:43execution , compensation , cancellation ,
9:45invalidity . These are the types of
9:47material sanctions . What we do results
9:50in these , and these are the situations
9:52that arise in return . All right , my
9:54dear ? Did you understand , my flower ?
9:56You understood . Come on , let's move on .
9:58Yes . The types of penalties in Turkish
10:01law , friends . There is imprisonment and
10:03a monetary fine . Professor , are these
10:05subheadings necessary ? Like , how many
10:07years do you serve , how do you die ? No
10:09death , not necessary . Friends , there is
10:11a very important topic you need to know
10:13here . There is a highly sensitive topic
10:16. It's a top-secret topic , my friend .
10:19Disciplinary penalties are not in the
10:22TCK . Where are they ? They are in the
10:24DMK . Hey , what is the TCK ? What is the
10:26DMK ? Professor , speak Turkish . Friends ,
10:28there are no disciplinary penalties in
10:30the Turkish Penal Code . They are in the
10:32Civil Servants Law for officials . They
10:35are in law 657 . We will come to that
10:36later . You absolutely must know it . The
10:39Civil Servants Law No. 657 , and also in
10:41the DMK , meaning the Civil Servants Law
10:44, friends , uh , the disciplinary
10:46penalties given to civil servants are
10:48warning , reprimand , salary cut ,
10:50stopping the progression of the step ,
10:52and of course , dismissal from the
10:55profession . These have potential
10:57question value , my dear . We will see
11:00them clearly . Relax , take it easy .
11:02Moving on . In Turkish penal law , these
11:04penalties don't exist either , my friend
11:07. Capital punishment , general
11:08confiscation . These were already
11:09abolished in the early 2000s , friends .
11:12Retaliation and exile also do not exist
11:13. What was retaliation , professor ? When
11:15you commit a crime , they apply the same
11:17crime to you . Like , an eye for an eye ,
11:19a tooth for a tooth . Exile , friends ,
11:22pay attention here . They send you from
11:24the homeland , meaning from our own
11:26country , to a worse place . Not within
11:28the country . Look , my students usually
11:30used to ask me this . Like , professor , a
11:33civil servant is working in Adana and
11:35gets appointed to Hakkari . Isn't that
11:37exile ? No. Look , there is no such thing
11:39. Alright ? That is just a relocation .
11:41Friends , we have a specific meaning for
11:43exile . I am saying it again . Think of
11:46it like being sent from Turkey to
11:48Afghanistan . That just popped into my
11:50head . I don't know why . Yes . Moving on .
11:53We already talked about how enforcement
11:55is a financial sanction applied when a
11:56debt or responsibility is not fulfilled
11:58, friends . Like being forced by the
12:01court to pay alimony , or if someone has
12:03a debt . Consider the seizure of their
12:06assets as an example . Let's continue
12:08with this . Indemnity , friends , consider
12:11it like unlawful behavior , like causing
12:13harm to someone else . Indemnity is
12:16divided into two , friends , pecuniary
12:18and non-pecuniary damages . I am
12:20skipping these parts . Cancellation is
12:23important ; it appeared as a question on
12:24the exam . Look , pay attention here . In
12:26cancellation , friends , there must be an
12:27administrative act . Please pay
12:29attention . It is the removal of an
12:31unlawful administrative act by a court
12:34decision . Look , what is here ? There is
12:36also a court decision . You perform an
12:39administrative act . It is unlawful .
12:41This act is taken to court and removed
12:44by a court decision . My dear , it is
12:46that simple . Look , it's simple . Exam
12:49question . Cancellation of a civil
12:51servant appointment . Look , did you see
12:53the cancellation ? You saw it . Then what
12:56will happen ? Isn't an appointment an
12:58administrative act , my dear ? Then where
13:00will you go ? Ha , you will go to
13:02administrative court . And that's it .
13:03Mashallah . Did you understand , my dear ?
13:05You understood . Come on , let's keep
13:07going . Nullity , invalidity , was also
13:10one of the types of financial sanctions
13:12. A legal transaction carried out
13:15between people not being performed as
13:17the law requires . Look , there is the "
13:19not being performed " part . Pay
13:20attention . Or pay attention to this ,
13:22regarding what is unlawful . If it is
13:24done unlawfully , it produces no legal
13:27consequences . Invalidity , meaning
13:29voidness . Let's open this up , Professor
13:31. I'm opening it up , my dear . Look at
13:33the types of invalidity . Non-existence ,
13:35nullity , and unilateral
13:37unenforceability . My friend , look ,
13:39nullity is divided into two : relative
13:41nullity and absolute nullity . Okay ?
13:44These are the types of invalidity .
13:46Non-existence , nullity . I know what you
13:48get confused about the most here . You
13:51confuse non-existence with nullity .
13:52Right ? Yeah . Then let's continue , I
13:55will show you . In law , non-existence is
13:59when transactions are deemed never to
14:01have been created because they lack the
14:03constitutive elements or mutual
14:05declarations of intent . Friends , in
14:09non-existence , the law's constitutive
14:11elements have not been formed . They
14:14have not been formed . Well , how so ,
14:16friends ? It hasn't happened , it wasn't
14:18done . I mean , you are going to get
14:19married . What is needed to get married ?
14:21We need it , Professor . Not the marriage
14:24table , my dear . Of course that's needed
14:26too , but I'm speaking in terms of
14:28constitutive elements . A bride is
14:30needed . A groom is needed . And what
14:34else is needed , my dear ? Most
14:35importantly , who is needed ? A marriage
14:38officer is needed . You say , " Professor ,
14:42I fell in love . " " I want to marry my
14:47love . " Get married , of course , my dear .
14:48Why shouldn't you get married ,
14:50Professor ? We went to the Imam . The
14:52Imam performed a religious marriage for
14:54us . See , what a beautiful wedding it
14:56was . It didn't happen , actually . That
14:58Imam marriage , that is a religious
14:59marriage . The law says , " Brother , I
15:02require a civil one . " " I don't want a
15:04religious marriage like that , " it says .
15:05Do you understand , my dear ? Aha . What
15:07is an Imam marriage ? An Imam marriage
15:09is non-existence . Why , Professor ?
15:11Because that isn't a marriage , brother .
15:12Look , that Imam one is religious . We
15:14are talking about a civil marriage . You
15:16understood , see . You understood . Don't
15:18scratch your head . Stop scratching your
15:19head . You understood . Good . Moving on .
15:22Yes , Nullity . Friends , I am stating the
15:24main difference between non-existence
15:26and nullity . Open your ears . Open your
15:28ears . In non-existence , the law's
15:30constitutive elements were absent . In
15:32nullity , the law's constitutive
15:34elements are present . The transaction
15:36has been performed , a legal act , but
15:38there is a problem . Either one of the
15:41wills performing the act is flawed or
15:44the act itself was performed
15:45defectively . Meaning it is completely
15:48invalid . It is not non-existence ,
15:51friends , look , legal transactions have
15:53been performed ; pay attention here ,
15:55this is the difference from
15:56non-existence ; there is absolute
15:58nullity and also relative nullity —
16:00let's open this up — I am opening it ,
16:02my dear ; a legal transaction , despite
16:04having the constitutive elements
16:06specified in the law — look , the
16:08constitutive elements are there , man —
16:10but it is contrary to mandatory
16:11provisions , brother . So look , my flower
16:16, what is the official result of
16:18transactions made contrary to mandatory
16:21rules of law ? It is absolute nullity .
16:24Look , pay attention , we will see .
16:26Relative nullity , its other name is
16:27voidability . What is the other name of
16:29this — look , what is the other name of
16:30absolute nullity ? Absolute invalidity .
16:32In relative nullity , there is this ,
16:33friends . A legal transaction complies
16:36with the constitutive elements
16:37specified in the law . But , but , but
16:40there is a defect in the intent of one
16:42of the parties . So , what is the best
16:45example of relative nullity ? " Actually ,
16:48I was drunk , I don't remember . " That's
16:51it , that is relative nullity right
16:52there . Is that okay , Professor ? And
16:54could you give an example for absolute
16:57nullity ? Of course , what else am I here
17:00for ? That is why I am here . For
17:03instance , if someone marries their own
17:06uncle or aunt , those types of perverse
17:09marriages are definitely invalid ,
17:11friends . Okay ? " But Professor , " you say
17:14, " they can't even get married . " Look ,
17:16let's just assume they got married
17:18officially . I mean , let's just think
17:19about it for a moment . Do you get it ?
17:20This marriage is invalid . Invalid in
17:23the eyes of the law , too . Yeah . It’s
17:25that simple . Moving on . Yes . What do we
17:29call the legal situation arising from
17:31the absence of one of the mandatory
17:33elements required by law , or from an
17:34act being performed contrary to the law
17:36? Look , look here , it says the act has
17:40been performed , my friend . Think , think
17:44then , what is it ? Wouldn't it be
17:45nullity ? No , my dear . In cases of
17:48nullity , no act was performed . The
17:49desired act wasn't carried out . Do you
17:51understand , sweetheart ? So , what is
17:52this then ? It’s instantly voidness .
17:55How is it voidness , my flower ? It’s
17:57simply voidness . Then let's continue .
17:59Unilateral non-bindingness . It's very
18:01simple , young folks , very simple . One
18:04of the parties performing a legal act
18:07lacks the capacity to enter into a
18:09contract . Let me put it this way . One
18:11is an adult . Think of an adult person .
18:14Someone in their 40s , an adult .
18:16Consider it like them making a contract
18:18with someone who isn't an adult but has
18:21sound mental capacity . All right ? I
18:23have an example here . So you can
18:25understand it more easily . Someone
18:28under 18 — well , older than 12 and
18:30under 18 . I'm talking about the
18:32interval . Why older than 12 ? Because
18:35that’s the age of discernment , which
18:37is 12 . For that reason , a contract
18:39between someone under 18 and an adult
18:42does not bind the minor , but it does
18:45bind the adult . Here is what you need
18:48to pay attention to . If a guardian or
18:51parent grants consent to the act , the
18:53legal transaction becomes binding for
18:55both parties . What is this already
18:57called ? Pending invalidity . It
19:01basically says this is an invalid act ,
19:04but if the minor's guardian or parent
19:06approves it , the act can gain validity .
19:10I'll repeat the point you need to watch
19:12out for . They must be over 12 years old
19:15. Meaning , they must have reached the
19:17power of discernment . Carry on , flower .
19:21Yes , we've come to types of law , folks .
19:23My , how smoothly our lesson is flowing ,
19:25isn't it , young ones ? Yes . Careful now .
19:27Subscribe to our channel . Like our
19:30posts . These are the types of law ,
19:32friends . Positive law , codified law ,
19:34natural / ideal law , historical law ,
19:37objective and subjective law . The first
19:40four are very valuable for us here ,
19:42friends . You need to know the first
19:43four . These are questions that have
19:45appeared in various ways on exams .
19:48Let's see . Positive law consists of all
19:51legal rules in force in a country
19:53during a specific period , friends . It's
19:56all of them , the entirety . It’s
19:57everything . We are currently in a
19:59specific period , right ? The Republic of
20:01Turkey , we are living in the 2000s . The
20:05first quarter of the 2000s has ended .
20:07With the arrival of 2026 , we are living
20:09in a specific era . Think of all the
20:12rules applied in this period , friends .
20:13" Which ones , professor ? " Look , the
20:15written rules are included too . Meaning
20:16, they are within the rules of law , my
20:18friend . Customs , traditions , social
20:21norms — the etiquette we just mentioned
20:24, meaning rules of conduct , moral rules
20:26, and religious rules — all fall under
20:28positive law . Everything written and
20:32unwritten is included . Positive law
20:35covers all of these , my dear . Do you
20:38understand , my flower ? Let's continue .
20:41Enacted law comes from legislation . It
20:43means written , my dear . Written . Do you
20:45understand ? Written . Written .
20:47Legislation . Meaning , it says these are
20:49written legal rules set by an
20:51authorized body that are currently in
20:53force . Look , note that enacted law is
20:56written . Positive law was all of them .
20:58It was both written and unwritten . This
20:59one is written . Ah , pay attention .
21:02Natural , ideal . What is my ideal ? What
21:05is our ideal , my friends ? What is our
21:07ideal ? Getting a high score on the KPSS
21:09and getting appointed is the ideal .
21:10Look , we aren't concerned with the
21:11current situation ; we are concerned
21:13with what ought to be . We are concerned
21:15with the state that should be . Are we
21:17clear , my dear ? So , naturally , ideal
21:20law is the law that should exist . Not
21:23what currently exists . Got it ? Got it .
21:26Yeah . Good . Historical law is the past .
21:29Meaning , it was applied in the past .
21:31Past . For example , our previously
21:33applied constitutions — like the 1921 ,
21:351924 , and 1961 constitutions — have
21:38become history . They are gone . Okay ,
21:40it's finished and gone . Praise be . Yes ,
21:42let's see if you can do these . Can you
21:45do them ? What do you call only the
21:48written legal rules that are in force
21:50in a country at a certain time ? Look ,
21:52if it says only written , where should
21:55we go here , my teacher ? He wonders if
21:58this was enacted law , my dear friend .
22:01Was it positive law ? Was it enacted law
22:04? Positive law ? I didn't write positive
22:07law , I didn't write it . I didn't write
22:09it so you wouldn't fall for the options
22:10. I wrote it as dogmatic law . That's
22:13its other name . But you go for enacted
22:15law . It comes from legislation because
22:17it says written . Okay . Ah , I got angry .
22:19Forgive me , my dear . Types of legal
22:22rules , look . Mandatory legal rules .
22:26Must be followed . It commands you . You
22:29will do it . You will do it . You cannot
22:31do it . It won't work . It is prohibited .
22:34Understand , look . This is a clear
22:35expression . Yeah. Yeah . Exactly . What
22:39is happening to me ? You cannot decide
22:42otherwise . What does it say ? You must
22:44comply . Tobacco products and alcoholic
22:47beverages cannot be sold to those under
22:4918 . It's finished . You cannot run a red
22:52light . The speed limit within the city
22:56cannot exceed 40 . Do you understand ?
22:58Yeah . It protects public order , friends
23:01. It protects general morality , friends
23:03. It protects the weak , friends . These
23:06are , for example , saying 14 - year-old
23:08children cannot be married off . Look ,
23:11clear expressions . Okay ? Mandatory , it
23:13tells you what to do . Yes , let's
23:15continue . Clear , simple , mandatory ;
23:19legal rules where no contrary legal
23:22transaction can be made . That's it ,
23:25it's done . Let's see . Supplementary is
23:28here , my friend . You sit and talk .
23:31There is a legal rule , but you can
23:33decide otherwise . But still within the
23:36framework of legal rules . Okay ? Well ,
23:38the legal interest rate is this , but
23:41can't we do something like this ? Like ,
23:44wouldn't it be better if the house rent
23:47were like this ? For instance , it says
23:50house rents cannot exceed 25 % . I'm just
23:53giving an example , friends . You say , "
23:55I'm not doing 25 % , I'm doing 10 % . " The
23:58tenant and the landlord love each other
23:59very much . What do they say to each
24:01other ? They say " Only you , " right ? So ,
24:05you are completing it . That's the issue
24:07. My interpretive friend . There is a
24:11contract . There are expressions in the
24:13contract . Alright ? You look at it and
24:15make inferences according to yourself .
24:18Look , it's about clarifying situations
24:20and behaviors in contracts drawn up by
24:23parties that aren't clear enough . Again
24:25, the parties do this , friends . You sit
24:27down . You think , " Could it be like this
24:29too ? " " Yeah , it could , " you say . Alright
24:31? So , you make inferences based on
24:33yourself . If the expression " beginning
24:36of the month " is used for the day the
24:37debt should be paid — I said " should "
24:39— when we hear " beginning of the month
24:41, " what comes to mind ? The 15th of
24:43every month comes to mind . For example ,
24:45civil servants get paid on the 15th .
24:49What is the 15th for them ? The 15th is
24:51the beginning of the month , friends .
24:53You say , " Let the beginning of the
24:54month come so I can pay my debt . " I'm
24:56speaking for a civil servant . You
24:58understand the 15th there , but if it
24:59says the debt will be paid at the "
25:00beginning of every month , " you
25:02understand the 1st . So , your
25:03understanding is important here , I must
25:05say . Yes . According to the Code of
25:09Obligations , etc. If the beginning or
25:10end of a month is not specified for the
25:12performance of a debt , the 1st or last
25:14day of the month is understood ; if the
25:15middle of the month is specified , the
25:1715th day is understood . Look , it says "
25:19as you understand . " It asks , " Then what
25:21is this , brother ? " It's an interpretive
25:24rule , friends . It's over and done with .
25:25Done and finished , done and finished .
25:27Continuing . Definitional rules . Friends
25:31, those who define — here it will
25:32define something . Okay . What did I do
25:35here ? I made a definition of a place of
25:37residence . A place where a person
25:38resides with the intention of staying
25:40permanently is called a place of
25:41residence . Friends , these are
25:42definition sentences . It really is
25:44simple . Paste it the moment you see it .
25:47Teacher , do questions come from these ?
25:49Of course they do . Are we tearing
25:51ourselves apart for nothing ? Look ,
25:53friends , this is a past exam question .
25:56The waiver of one of the joint debtors
25:58cannot be asserted against the others .
26:00Look , look , look , look . What does it
26:02say ? Cannot be asserted . That's it . So ,
26:04it's commanding you to do something .
26:06Yeah . If the beginning or end of a
26:09month is not specified for the
26:10performance of a debt , the 1st or last
26:12day of the month is understood ; if the
26:13middle of the month is specified , then
26:15the 15th ... ... day is understood . Look ,
26:16it was understood . We interpreted it .
26:18Look , in the first one , it commanded us
26:20. In the second , we interpreted it .
26:23Friends , let's look at the third one
26:25here . " An exchange contract is when one
26:28of the parties ... " it's defining the
26:29contract , my friend . You see these
26:32types of questions here too . You ask , "
26:34Teacher , how am I supposed to read this
26:36question ? " Friends , look , the first is
26:38imperative . The second is interpretive .
26:41The third is , brother , definitional .
26:44Know it , mark it , and move on . It's
26:46that simple . Don't expect everything
26:48from me . This is an exam question from
26:512024 . ÖSYM doesn't pressure you too
26:54much in law . Continuing . Authorizing
26:58rules are those that grant certain
26:59powers to the parties . For example , you
27:01can refuse an inheritance . You know ,
27:03the remaining debt is also an
27:05inheritance . You look at the debt , you
27:07look at the inheritance , at the assets .
27:09You say , " Damn , the debt is higher ,
27:10I'll go and file a disclaimer of
27:11inheritance lawsuit , " you say . That is
27:13an authorizing rule of law , my friend .
27:15Done and done . Okay ? Finished . Yeah . We
27:17have already arrived at the branches of
27:19law , friends . These are the branches of
27:21public law . Memorize them . And these
27:24are the branches of private law .
27:25Memorize them . These are the
27:28sub-branches of civil law . Memorize
27:30them . Look , you will face questions
27:34about civil law . Memorize them , my
27:39friend . We encoded the public law
27:41branches as " Civa Dayı . " We always
27:43encoded them like this . " Civa Dayı "
27:45stands for Criminal , Administrative ,
27:46Tax , and Constitutional law . Okay ?
27:48These are the branches of private law ,
27:49friends . Commercial , Private
27:51International , Civil , and Law of
27:52Obligations . Professor , where do most
27:55questions come from ? Do I need to know
27:57all the contents of these ? You don't .
28:01Just know civil law and the law of
28:03obligations , my dear . Pay special
28:06attention to civil law , let it be known
28:08. I was just looking at my wife ,
28:10wondering if she would bring some tea
28:12to her dear husband . I am waiting . I am
28:14waiting . Yes , continuing , friends . I
28:18think criminal law and criminal
28:19liability might come up in 2026 . I
28:22don't know . I have that feeling . Okay ,
28:25my friend ? Look , who has criminal
28:27liability ? Let me say that first ,
28:29friends . When you do something , when
28:31you commit an act or take an action ,
28:33can you distinguish , " Will I get
28:35punished for this action , what will be
28:37the result ? " Can you make that
28:40distinction ? Can you make that
28:43distinction ? This is what's important ,
28:45friends . There is no criminal liability
28:47between ages 0-12 . Who else lacks
28:49criminal liability ? Let's look here
28:50right away . Mentally ill individuals
28:51have no criminal liability . Look ,
28:53children between 0-12 and the mentally
28:54ill do not have criminal liability ,
28:56friends . Pay attention to this . Okay .
28:59Between 13-15 , a reduced sentence is
29:01given . Between 16-18 , individuals with
29:02limited liability receive a reduced
29:04sentence . Yes . But be careful here ,
29:06friends . Be careful . Age 12 is the age
29:08when the power of discernment begins .
29:11Punishment is given from age 12 onwards
29:13, but it is reduced . But those who have
29:16completed 18 years of age receive full
29:18punishment . Of course , there may be
29:20situations that require sentence
29:22reduction here , friends . That's not
29:24what I'm saying . Well , what could it be
29:26? For example , self-defense , this or
29:28that . We are not talking about that . I
29:30want you to know the age criteria here .
29:32Also , pay attention here . Deaf and mute
29:34individuals do have criminal liability .
29:36Yes , they do . They have it too . But
29:38compared to normal people , friends , you
29:40add 3 years . So , if criminal liability
29:43starts at 12 for normal individuals , it
29:46starts at 15 for the deaf and mute .
29:49While those who complete 18 have full
29:50criminal liability , for the deaf and
29:52mute , you add 3 years accordingly . Okay
29:55, my dear ? It's that simple . Yes . We've
29:57come to tax law . It has three main
29:59principles . Generality , justice , and
30:01legality . I want you to know these
30:03three principles . It's important . I
30:05have another very important piece of
30:06information here , my friends . Pay close
30:08attention to this . Tax is imposed by
30:11law and , friends , is abolished by law .
30:15Of course , we rarely or never see tax
30:18being abolished in Turkey , that's
30:20another matter , but the authority to
30:22determine lower and upper tax limits
30:25belongs to the President . Pay attention
30:27to this , friends . All right ? Who has
30:30the authority to determine the lower
30:32and upper tax limits ? It belongs to the
30:34President . You need to pay attention to
30:35this . This is very important . How are
30:36taxes established ? But they are
30:38established by law . Yes . It was an exam
30:41question , friends . Collecting taxes at
30:43a higher rate from those with more
30:45income than those with less income ,
30:47friends . Look , a lot from one , a little
30:50from another . That’s the logic . We
30:52are talking about income tax . For
30:54example , this artist paid this much tax
30:56. This artist paid that much . Or this
30:59football team paid this much . Though
31:01they usually don't pay , anyway . Now ,
31:03can the tax they pay be the same as the
31:06tax paid by little people like us ,
31:08honey ? So , what do we call this ? We
31:10call it distributive justice , friends .
31:12Let me be careful . Taking more tax from
31:14those with more income and less from
31:16those with less . I can hear you asking ,
31:19" Teacher , why is it distributive and
31:21not commutative ? " Friends , in
31:23commutative justice , everyone pays the
31:25same type of tax . All right ? For
31:28example , I gave this example a lot , but
31:29since it's a simple example , the
31:31penalty for running a red light is the
31:33same for everyone , right ? Of course ,
31:35except for exceptions . That’s a
31:37separate issue . Okay . Generality :
31:40everyone pays taxes . Justice : the fair
31:43distribution of the tax burden , and as
31:45in the question we mentioned earlier ,
31:47the principle of legality , meaning
31:49taxes are imposed and abolished by law .
31:51Continuing . Private law is important ,
31:54we said . My dear , I will be careful .
31:56Look , a question will definitely come
31:57up on the exam . Teacher , will it come
31:58up in the undergraduate level ? It will .
32:00Will it come up in the associate degree
32:01level ? Will it come up in secondary
32:01education ? It will . It will . It will .
32:03Teacher , will it come up in the AGS
32:04exam ? It will . Yes , it will . Don't be
32:06embarrassed . It will come . Friends ,
32:08these are the sub-branches of civil law
32:10. Look . Persons , family , inheritance ,
32:12property . All right ? I told you to
32:13memorize it . It was there just a moment
32:15ago . Memorize it , friends . Continuing .
32:18What is included in the law of persons ?
32:19Well , there’s the beginning of
32:21personality , its termination , its
32:22protection , and so on . After that ,
32:24family law includes situations like
32:26marriage , engagement , alimony , adoption
32:29, custody , and guardianship .
32:31Inheritance law regulates inheritance ,
32:34friends . What is an estate ( tereke ) ?
32:36Yeah , yeah . We will see shortly . Do you
32:37know ? Those who know , answer . There is
32:39a question about it shortly . Things
32:41like the decedent , the heir , assets ,
32:43and so on . Are we clear , friends ?
32:45According to civil law , what is all the
32:47property of a person that is subject to
32:48inheritance called ? Yeah , that
32:50knowledge from earlier . What is our
32:52answer , friends ? Estate ( Tereke ) . All
32:54right ? Estate . Look , there were estate
32:56registers in the Ottoman Empire too .
32:57Don't forget it , friends . It says all
32:59property subject to inheritance , but
33:01debt can also be part of the estate ,
33:03friends . Debt is also an inheritance ,
33:04after all . Pay attention . All right ?
33:07Continuing . Property law is what
33:08regulates the rights and obligations of
33:10persons regarding property , like
33:12possession and so on . Causality and
33:14such . All right ? The law of persons is
33:16important , friends . I've said it many
33:18times . I said a question would come on
33:19the exam . In law , friends , in our
33:21Turkish Civil Code , there are two types
33:23of persons . Natural persons and legal
33:25persons . Teacher , who is a natural
33:27person ? My dear friends . All
33:29individuals are natural persons ,
33:30friends . Legal entities , on the other
33:33hand , are communities of goods or
33:35persons . Like companies , associations ,
33:38foundations , and so on . All right ?
33:41These are legal entities . Natural
33:43personality belongs to all individuals .
33:44OSYM has asked who a natural person is
33:46before . Shall I tell you ? How does
33:49natural personality begin ? It's an exam
33:51question , friends . It begins with a
33:53full and live birth . Yes , my dear . My
33:57precious wife , my one and only , the
33:59flower of flowers , brought my tea .
34:02Thank you so much , my precious wife .
34:04You are so kind . Thanks , my flower .
34:08Personality begins with a full and live
34:11birth . Teacher , what is a full and live
34:13birth ? We were getting to the
34:14definitions , don't rush . How does it
34:17end ? Death . It ends with the
34:18presumption of death , the presumption
34:20of simultaneous death , and
34:21disappearance . We will see them all ,
34:22friends , but what shall we do ? Let's
34:24take a sip of tea . Our throats are dry .
34:26I have been talking for 33 minutes
34:28straight . After all , I am human too .
34:32Enjoy it , everyone . Let's continue . Yes
34:36. According to the Turkish Civil Code ,
34:38how does personality begin ? Personality
34:41begins with a full and live birth . Full
34:45and live birth . Full birth , friends , is
34:49the baby fully detaching from the
34:51mother . Detaching . The occurrence of
34:55the birth . Live birth is the person
34:57living for even a moment after the full
35:00birth occurs . All right ? Our answer is
35:02very clear . It is obvious here . Moving
35:05on . What is the register containing
35:09records of a natural person's birth and
35:11lineage called ? It is called the birth
35:13register . What else would it be , friend
35:14? What else ? What else could it be
35:16called ? The marriage register is
35:17obvious . Divorce register , death
35:19register — these are very important ,
35:20friends . They are kept in the census
35:22office , for your information . All right
35:24? Yes . Death , heavens above . It is a
35:28legal event that ends natural
35:29personality . Friends , we cannot prevent
35:32legal events . They are bound to happen .
35:35We cannot stop them . We cannot prevent
35:39this . It happens outside of human will .
35:41For example , death is a legal event .
35:44Birth is also a legal event . We cannot
35:46prevent birth , friends . Natural
35:48disasters are also legal events ,
35:49friends . So , I should mention these . We
35:51need to report the death to the civil
35:53registry office within 10 days . The
35:55presumption of death is important here ,
35:57we need to know it . If someone has gone
35:59missing under circumstances that make
36:01death a certainty . You say , " They are
36:04definitely dead , " but there is no body ,
36:06friends . All right ? Who issues the
36:08presumption of death ? The highest local
36:10authority issues it . Teacher , which
36:13authority issues it ? The highest local
36:16authority of the place where the person
36:19is registered . All right ? If the
36:21presumption of death is issued , friends
36:23. Meaning we said they are definitely
36:25dead , but there is no body . Pay
36:26attention to this . That person is
36:28married . What will happen now , friends ?
36:30From the moment the presumption of
36:32death is issued , the marriage ends . All
36:34right , teacher ? Teacher , my dear
36:37teacher . What happens if the person
36:40shows up ? They can just get married
36:43again . In which of the following cases
36:47is a presumption of death issued ? Let's
36:48take a look , friends . For a person in a
36:50traffic accident , can a body be found ?
36:52It can be found . Can the body of
36:54someone traveling on a plane that
36:55explodes in mid-air be found ? Can it ?
36:59I'm asking you . I don't know . The body
37:01of someone having a heart attack is
37:03known . Heaven forbid , under a truck .
37:05Look at the examples . Someone who
37:06fainted isn't dead yet . Why should we
37:08issue a presumption for them ? That is
37:10our clear answer . A presumption of
37:12death is issued for someone traveling
37:14on a plane that explodes in mid-air ,
37:16friends . Heaven forbid . To be honest , I
37:19don't really like talking about these
37:21subjects . Presumption of simultaneous
37:23death , friends , look , pay attention
37:24here . If it cannot be proven which of
37:27several people died first or after .
37:30Come on , the plane exploded in mid-air .
37:32But pay attention , look , there is an
37:33important issue here . My dear , my sweet
37:35. For a presumption of simultaneous
37:39death to be issued , there must be an
37:41inheritance bond between those people .
37:44Don't forget this . I mean , I'm not
37:46talking about people who were there by
37:48chance . I'm talking about people who
37:51are heirs to each other . Do you
37:52understand , my dear ? Pay attention .
37:54Yeah . Because the reason for issuing
37:57this presumption of simultaneous death
37:59is , of course , to ensure that the
38:01remaining inheritance is distributed
38:03fairly . What is the main purpose of the
38:05presumption of simultaneous death ? It
38:07is to ensure the fair distribution of
38:09the inheritance . Teacher , no one knew
38:11each other on the plane . Presumption of
38:13simultaneous death is not issued . No ,
38:15look . I'm saying no . I'm saying no .
38:19They need to be heirs to each other . So
38:20, so , who are they ? Husband and wife ,
38:23for example . Children , grandfather ,
38:25grandchild , okay ? Father , grandmother ,
38:29like that . Yes . Let's move on to
38:32disappearance , friends . Disappearance
38:34is , in our local terms , being lost .
38:36Whatever . Okay ? Yeah . Friends , you can
38:39be lost in two situations . You get lost
38:41in danger of death , or you have been
38:44lost if no news has been heard from you
38:47for a long time . Remember , in both
38:49cases , the marriage does not end
38:52automatically . Look , both situations ,
38:55this situation is valid for both . I
38:58wrote it here , but you understand it
38:59for both . Okay , my friend ? Even if you
39:02are lost in danger of death or no news
39:04has been heard from you for a long time
39:06, the marriage doesn't just vanish .
39:08Okay ? For someone lost in danger of
39:11death , one year must pass . After one
39:14year , you apply to the court . It says
39:15here which court it is . Look . Then ,
39:18with the court's decision , that person
39:20is declared missing . After being
39:22declared missing , friends , if they are
39:24married , the spouse also files for
39:25divorce . Meaning , they file for the
39:27dissolution of the marriage . Like that .
39:29Okay ? Here , for not hearing news for a
39:31long time , it is 5 years , friends .
39:33There is something else you need to pay
39:34attention to here . For inheritance , it
39:36is one year here , and five years there .
39:39Here it is 5 years , and 15 years there .
39:41Okay ? There is one more thing you
39:43shouldn't forget . Decisions of
39:45disappearance are the business of the
39:47legal system . That is , the court gives
39:49the disappearance decisions .
39:51Administrative authorities like the
39:53governor's office cannot give them . The
39:54court gives them . Did you understand ,
39:56my dear ? Yes , you understood . Then
39:57let's continue . While the page is
39:59turning , let me get some tea . You solve
40:01the question too . Did you give the
40:04answer ? You did . How much time must
40:08pass at least due to the danger of
40:09death for a request for a disappearance
40:11decision ? 1 year . Look , I wrote one
40:16month here so that some of my friends
40:18would fall for it . Fall for it how ?
40:21Fall for it headfirst . I'm just like
40:23ÖSYM ( OSPC ) . I'll make you fall . I
40:25don't forgive . One year . What was here ?
40:28And there was one year and five years
40:30for inheritance distribution . Don't
40:32forget . Okay . If it said inheritance
40:35distribution , that's 5 years ; legal
40:37entities , friends , as we said , are
40:39groups of persons or property organized
40:41to achieve a certain purpose . Like
40:44associations , companies , TRT ,
40:47foundations , etc. These are all legal
40:50entities . My blossom , what is the legal
40:53entity that does not aim for profit
40:55sharing and can be established by the
40:57coming together of at least 7 real or
40:59legal persons ? Did you see the number 7
41:02? Paste it , they say . Is that okay ? A
41:06question for you , write a question
41:07under it . Write it under my video . Is
41:09that okay ? How many people are required
41:11for foundations ? I mean , how many
41:12people can come together to establish a
41:14foundation ? Come on then . Write it .
41:17Then I continue . I did . There are
41:20public legal entities , friends . These
41:22are legal entities established by law
41:24or based on the authority explicitly
41:26given by law . They have their own
41:28special budgets . Meaning these legal
41:30entities have budgets . For example , the
41:33state , provincial special
41:34administrations , municipalities ,
41:36villages , YÖK , universities , TRT ;
41:37these are public legal entities . You
41:40can multiply these . They are
41:42established by law . Which of the
41:45following has public legal personality ?
41:47Let's see . Osmaniye provincial special
41:49administration . Look , this was here
41:51just a moment ago . Companies ,
41:53associations , foundations , which is
41:55also a company . Look , these are all
41:57private law legal entities , friends .
42:00But this is a public legal entity .
42:03Teacher , I cannot distinguish these .
42:06Just write it , write it on your wall .
42:09Why are you reluctant to write ? Good
42:12grief . Continuing . Private law legal
42:15entities , companies , foundations ,
42:16associations . They were in our question
42:18just a moment ago . Continuing .
42:20Foundations are property groups created
42:24for any purpose . What kind of group is
42:27it , my blossom ? It is a property group .
42:30Who is responsible for the management
42:32of foundations , teacher ? Board of
42:35trustees . So , one person cannot manage
42:37a foundation , friends . A board manages
42:39it . Because what is involved in the
42:40business ? There is property . Do you
42:42understand ? Yeah , there is no such
42:43thing . Which of the following legal
42:46entities is not a group of persons ; the
42:49classic ÖSYM does not ask from here .
42:52You know , it asks like this from here .
42:54It is not a group of persons but has
42:56the quality of a property group . Do you
42:58know why ÖSYM says it like this , young
43:00people ? It makes you excited during the
43:01exam . Ah , you read " group of persons , "
43:03bam , mark it . Watch out , read the
43:06question to the end . Well , which one
43:09was the property group ? Foundations ,
43:11obviously , we said it just now .
43:12Continuing . We already said
43:15associations are 7 people . They are
43:17established without permission . We said
43:18they are groups of persons . We talked
43:20about associations . What are the groups
43:23of persons or — sorry , groups of
43:24persons or property — given legal
43:26personality by the legal order under
43:28certain conditions called ? What are you
43:30looking at right here ? Foundation .
43:31Foundation . Foundation . Foundation . It
43:33says property . Foundation . Friends , why
43:35don't you read the question properly ?
43:36Why are you jumping to " foundation " ?
43:38Look , it says groups of persons or
43:39property . It used both together .
43:41Teacher , which one is it ? Friends ,
43:43legal personality . Ah , of course . Of
43:47course . Continue . If a person whose
43:51body cannot be found is considered
43:53certainly dead , their death is recorded
43:55by the order of the highest
43:56administrative official . What is this
43:57situation called ? The body cannot be
43:59found . What do we call this , friends ?
44:02Presumption of death . " Karine " (
44:05presumption ) , friends , is a clue ,
44:06meaning to go from the known to the
44:08unknown . I wanted to state the literal
44:10meaning of " karine . " Let me have
44:11another tea . Types of capacity for
44:14natural and legal persons . In natural
44:18persons , capacity to have rights is the
44:20person's ability to possess rights and
44:22debts . It is acquired upon conception ,
44:24provided that one is born alive and in
44:26full . Look here . Look here . Look here .
44:28Look here . It appeared in the 2024 KPSS
44:31undergraduate exam . Man , this exam
44:33question really came up . Maybe it was
44:36the associate degree exam , I don't
44:38remember , but I'm sure it appeared in
44:392024 . You should check it anyway . It is
44:43acquired upon conception , provided that
44:45one is born alive and in full . What is
44:47capacity to have rights , friends ? How
44:50should we explain the capacity to have
44:51rights , friends ? Capacity to have
44:52rights is like the right to live . Okay ?
44:55Like , it is breathing . It is not aimed
44:58at utilization . It is directed at
45:00everyone and continues until
45:02personality ends . Teacher , do legal
45:04persons have the capacity to have
45:05rights ? They do . It begins with the
45:07establishment of the legal entity .
45:09Capacity to have rights begins with the
45:11establishment of the legal entity . We
45:13mentioned the other one , too . The
45:14capacity to have rights for natural
45:15persons came up as a question in the
45:17exam . Let me tell you about the 2024
45:18questions . We will solve questions
45:20later anyway . Capacity to act is the
45:22person's ability to acquire rights and
45:24assume debts through their own actions .
45:27So , what do we have here ? In capacity
45:29to act , my friend , there is usage . Pay
45:31attention . To have the capacity to act ,
45:34one must meet certain conditions . If
45:38ÖSYM asked you about the capacity to
45:40have rights last year , in 2024 , why
45:43wouldn't it ask about the capacity to
45:45act in 2026 ? H Do legal entities have
45:50the capacity to act ? They do , dear .
45:52After the necessary organs of the
45:54relevant legal entity are established ,
45:56look , what do both have , friends ? There
45:59are steps aimed at performing an action
46:01. There is an expression . Did you
46:03understand ? Heh . Continue . Which of the
46:08following expresses a person's power to
46:10act personally and acquire rights and
46:11assume debts through their own actions ?
46:14Look , it says " ability to do , " " ability
46:15to act " here , right ? Paste it directly
46:17to capacity to act . Don't paste it to
46:18capacity to have rights . Look , don't
46:20paste it . My answer is capacity to act .
46:22Know the capacity to have rights . Know
46:24the capacity to act better . Continue .
46:28Which of the following is the one where
46:29a person acts personally and their own
46:30actions ... rights ? Damn , I asked the
46:31same question twice . Anyway , skip it .
46:35Conditions for capacity to act : being
46:37of age , i.e. , being an adult ; having
46:39the power of discernment ; and not being
46:41restricted . There are three basic
46:44conditions for the capacity to act .
46:46Teacher , are these important ? Listen to
46:48me . Come . Come closer , come closer ,
46:49come closer . Learn these like your name
46:52, your surname , like your spouse's name
46:55if you have one , or your sweetheart's
46:57name if you have one . Engrave the
47:01conditions of the act here , engrave
47:03them in your heart . The question is
47:07bombastic . Did you understand ? Don't
47:09let on . Yes . Age is already ordinary
47:13adulthood . There is marriage adulthood .
47:15It talks about being an adult . And
47:17there is a court decision . There are
47:18three situations to being an adult ,
47:19friends . Age , reaching the relevant age
47:22, marriage maturity , and also
47:23emancipation . We are opening these up
47:25now . The opening up , folks , is the
47:29ordinary age of majority , which is
47:31turning 18 . This is the same for both
47:33women and men . Alright ? Moving on .
47:35Moving on . In situations involving
47:37marriage , friends , the marriage age is
47:40turning 17 . Look , it is turning 17 . In
47:43ordinary situations . But if there is an
47:47extraordinary reason , people who are 16
47:50can also marry with a court order ,
47:53folks . By a judge's order . Alright ? The
47:57extraordinary marriage age is 16 . The
47:59ordinary marriage age is 17 . There is
48:01even a song about it . It's just 17 , 17 .
48:06Moving on . Marriage in ordinary cases
48:09under Turkish law . Look , it says
48:11ordinary . If it says ordinary , find 17
48:13for both men and women . Stick with that
48:17, honey . It's the same for men and
48:18women . Moving on . Emancipation by court
48:22order . You need to have turned 15 . But
48:25pay attention , teacher , I turned 15 . I
48:27gained the relevant status . I had a
48:30personal interest . I went to court and
48:33got emancipation . Well , I'm already an
48:36adult . Yeah . Can I marry ? Yeah , you can
48:39do anything you want , sure . It's not
48:40like that . Emancipation is granted
48:42based on your specific situation , my
48:44friend . It's not for marriage or
48:45anything like that . I just told you the
48:47marriage age . Alright ? Which court
48:50issues the emancipation decision ? The
48:52Civil Court of Peace issues it . My
48:54lovely one again . Alright ? Moving on .
48:56Legal disability , folks . What we call
48:59legal disability is this : It is putting
49:01those who are unable to manage their
49:04affairs and therefore need protection
49:06and constant care , or those who
49:08endanger the safety of others , under
49:10protection by court order . Friends ,
49:12they are legally disabled , but don't
49:14think , " Teacher , does this mean they
49:16are thrown directly into prison ? " No ,
49:18no , don't think like that . I mean , that
49:20exists too , but that's not all it is .
49:22Alright ? Let's continue . The reasons
49:24for legal disability are these . Mental
49:26illness or mental deficiency ,
49:28prodigality , alcohol and drug addiction
49:31, a bad lifestyle , poor management —
49:33that is , failing to manage the house or
49:35the family — you can include these .
49:38Criminal sentences that restrict
49:39freedom , and so on . These are , um , well
49:41, folks , what are they ? Old age ,
49:43illness , disability , physical
49:45impairment — that is , serious illness ,
49:47inexperience . All of these are grounds
49:49for legal disability . Friends , we have
49:53arrived at persons in terms of capacity
49:54to act . Full capacity , limited capacity
49:56. Limited incapacity . Full incapacity .
49:59Teacher , should I know these too , folks
50:01? The two in the middle are important .
50:02You usually confuse those two . I know .
50:05Let's see . Those with full capacity ,
50:08friends , are us . All of us , though not
50:10me . Maybe you . I mean , exclude those
50:13who are married . Those over 18 , those
50:16of sound mind , those who are not under
50:18disability — put them all together ,
50:20that's us . Alright ? Adult , has
50:24discernment . Not under disability .
50:26Capacity to act is full . They have the
50:28capacity to sue . They have criminal
50:30liability . They have it . He has it .
50:31Alright ? I said exclude the married
50:33ones . Why ? We'll see . We'll see in a
50:36moment . Those with limited capacity ,
50:38folks . There is no sufficient reason
50:40for legal disability , but there are
50:42situations that require limitation . A
50:45legal advisor is appointed to be
50:47consulted on certain matters . What do
50:50you mean , professor ? Friends , let's say
50:52you go to court . You are going to sue
50:54someone . You don't know how the
50:56litigation process works . So what do
50:58you do ? You go and hire yourself a
51:00lawyer . What does the lawyer do ? They
51:02handle your legal process . They
51:04conclude the lawsuit . Whether positive
51:06or negative . In that time , they are
51:08your legal advisor . In that time , for
51:11that situation , they are your
51:14limitation , my friend . A legal advisor .
51:17These people are of legal age . They
51:19have the power of discernment . They are
51:21not restricted . Their capacity is
51:23limited for certain reasons . Their
51:25capacity to act is full . They have the
51:27capacity to sue and the capacity for
51:28criminal liability . Marital status .
51:30Look , I said it just now , about
51:32removing the marriage part . Spouses
51:34cannot act in some transactions without
51:36each other's consent , friends . For
51:38example , adoption , friends . In adoption
51:42, both spouses must make a joint
51:44decision . One person's decision is not
51:47enough . Regulating the property regime
51:50and the family's residence . For
51:52instance , the property regime is like
51:53this . All assets acquired during
51:56marriage are shared , friends . Look ,
51:59that official marriage , you signed it ,
52:02right ? Everything bought after that is
52:06shared . Yeah . According to that , you
52:09cannot decide on your own , friends .
52:10Just so you know . Continuing . Limited
52:13capacity persons , friends , these are
52:15not of legal age . They have the power
52:17of discernment . Look , older than 12 but
52:19younger than 18 . They are not of legal
52:21age , friends . They can discern . They
52:23can be restricted . Not all of them , but
52:25they have the capacity to act , sue , and
52:27face criminal liability . Even with the
52:31consent or approval of a guardian or
52:33custodian , limited capacity persons
52:35cannot be guarantors , donate , or
52:37establish foundations . These are
52:40prohibited for them , friends . They can
52:42perform transactions that put
52:44themselves in debt with the approval of
52:46a guardian or custodian , friends . Is
52:49that understood ? Meaning they must be
52:51over 12 and under 18 . They have the
52:53power of discernment but are not of age
52:55. Or all restricted persons are limited
52:57capacity persons , friends . This
53:00limitation can be temporary . For
53:03example , the child turned 18 . What will
53:05happen ? Think of it as having full
53:07capacity . Yes . Those with no capacity
53:12are children under 12 , or those who
53:14lack the power of discernment even if
53:17they are of age . Those whose mental
53:20health is not sound . These are people
53:22with no capacity , friends . Just so you
53:24know . Continuing . Which of the
53:27following is considered limited in
53:28terms of legal capacity ? Friends , if it
53:31asks for limited capacity , the first
53:34thing you should look for here is a
53:36legal advisor . Look , pay attention to
53:38this . When you see this , our answer is
53:41clearly option C. Meaning limited
53:43capacity . Just like our lawyer example
53:46from earlier . Continuing . We came to
53:50the best topic . Types of kinship . We
53:53have three types of kinship , youngsters
53:55. Acquired by birth , affinity by
53:59marriage . And also by adoption ; the
54:02first two are very important . Questions
54:04come from the first two . No questions
54:06have come about the third one so far .
54:07Just so you know . Continuing , friends .
54:10Blood kinship is bloodline , meaning
54:12formed by birth ; look , this is you . Who
54:14is this ? Those born from you are your
54:17descendants . Okay ? Those born from you
54:20are your descendants . Those who brought
54:24you into this world are your direct
54:26ancestors , my friend . Look , your mother
54:28and father are your direct relatives .
54:30First-degree blood relatives , of course
54:32. Your children are also your
54:34first-degree direct descendants .
54:36Alright ? Blood relation . But pay
54:37attention to this . Well teacher , what
54:39about grandma ? Grandfather ? My friend ,
54:41who brought you into the world ? Your
54:42mother and father . I went up one level .
54:44Grandmother , grandfather are the second
54:46level . They are your second-degree
54:47direct ancestors . Blood relatives .
54:49Teacher , my children were descendants ,
54:50right ? Grandchildren , look , you went
54:53one step further . So , are grandchildren
54:55second-degree blood relatives ? What
54:58about my siblings , my dear ones , my
55:00soulmates , my friend ? Remember , your
55:03siblings are your second-degree
55:05collateral relatives . But teacher ,
55:08whatever happens , my sibling is always
55:11a second-degree collateral relative .
55:14Alright ? Don't forget . Who is
55:16third-degree , then ? Uh , children of
55:18nephews and nieces . Alright ? Nephews ,
55:20nieces , and so on . Cousins are
55:22fourth-degree , my friends , our cousins .
55:26Uncles , aunts , etc. , are also
55:28third-degree . Like this , okay ? This is
55:31the rule of life . Moving on . On . What
55:36you need to know about blood relation .
55:38Kinship between people from the same
55:40common root is full-blood relation . For
55:43example , your sibling is still your
55:44second-degree collateral full-blood
55:46relative . But one of the parents is
55:49different . Meaning , in cases of
55:52step-relations where only one root is
55:54shared , there is half-blood collateral
55:56kinship . Don't forget , for half-blood
55:59collateral , one of the roots must be
56:01different . Meaning , the mother or
56:02father must be different . That’s all
56:04there is to it . Moving on . We said
56:07siblings are collateral blood relatives
56:08, friends . Past exam question . Moving
56:11on again . Marriage . Our favorite thing .
56:15What is the person you marry to the
56:18person they marry ? " Only you , " they say
56:21. Hey friend , look , this is the groom .
56:25This is the bride . Now , what does the
56:29bride have ? She has a mother and father
56:30. What does the bride have ? She has
56:32siblings . What does the bride not have ?
56:34Children yet . They are just getting
56:35married . Hold on a second . What does
56:37the bride have ? She has grandmothers
56:38and grandfathers . What does the bride
56:40have , man ? She has uncles , aunts , and
56:43so on . What does the bride have ? She
56:45has their children . I mentioned uncles ,
56:47aunts , and their siblings . She also has
56:49nieces and nephews . Alright ? Now let's
56:51evaluate from the groom's perspective .
56:55Your spouse's , look , your spouse's
56:57mother and father , what are they to us ?
57:00Mother-in-law and father-in-law are
57:02also second-degree , friends , but
57:04kinship by marriage . No blood because
57:07your spouse's siblings , that is the
57:09bride's sibling , we are speaking from
57:11the man's perspective . Speaking from
57:13the groom's perspective . Still
57:15second-degree , but still kinship by
57:17marriage . Uncles , aunts are still the
57:21third degree . Look , the degree is the
57:23same as in blood relation , but it is
57:24kinship by marriage . So , in marriage ,
57:26what do we say , friends ? There is no
57:28blood relation , there is kinship by
57:29marriage . And there are no children
57:31here yet . Alright ? I’ll say that too .
57:33Strange , crazy questions come to your
57:35mind . I know , teacher , well they got
57:37married . She brought children from her
57:38ex-spouse and so on ... forget it . There
57:40is no such thing . There is no such
57:41thing . That child is long gone . Yes .
57:44Ayşe has her husband Ali's brother .
57:47Who is Ayşe ? The bride . Her husband
57:49Ali's brother . What does that make him ?
57:51Isn't he a brother-in-law ? Since it's a
57:54brother , it's a second-degree affinity .
57:57Second-degree affinity and collateral
57:59line . My friend , siblings are always
58:02second degree , whether by blood or by
58:04affinity . It is a collateral line . If
58:06it were your own sibling , it would be
58:08blood ; if it were your spouse's sibling
58:09, it would be affinity . It’s that
58:11simple . Was there any need for this
58:14fuss about kinship ? No. Finished .
58:18Moving on . Custody . It is the name
58:21given to the entirety of duties ,
58:23authorities , and rights that parents
58:24possess for the care and protection of
58:26their minor children or , exceptionally ,
58:28those under guardianship . What do they
58:30say , friends ? For example , what do
58:32teachers say to children coming to
58:33school ? Who is your legal guardian ?
58:35This is what we call custody . There was
58:39a question . It appeared on the exam
58:41before . Over children who have not yet
58:43reached the age of majority or who have
58:44been incapacitated despite reaching it .
58:46Look , what does it mention here ? It
58:47mentions parents . Do you see ? Parents .
58:49Did you see the parents ? Stick with
58:52custody . Teacher , why isn't it
58:53guardianship ? Because guardianship is
58:55something else . That’s why it isn't .
58:58Moving on . What is guardianship ? It is
59:01the protection of the incapacitated by
59:03the decision of a competent court . Do
59:05you see ? You said " ah " now , didn't you ?
59:08A guardian is obliged to protect the
59:10personality , assets , and all interests
59:11of those under guardianship and to
59:13represent them in legal transactions .
59:15Who ? A guardian . So , what is assigned
59:18to those under guardianship ? A guardian
59:20is assigned . There is also a trustee ,
59:22friends . A trustee is the person
59:25appointed by the competent court to
59:27manage certain affairs or assets of
59:28individuals or institutions . But let's
59:31just know guardianship and the guardian
59:33for now . Is that clear , my dear ? Moving
59:35on . What does the Law of Obligations
59:38say ? A Turkish proverb says , debt is
59:40the pain of the debtor . Yeah . These are
59:45the basic principles , friends , memorize
59:47them . Please memorize them . Memorize
59:49them . Direct questions are asked .
59:51Autonomy of will , equality , relativity ,
59:52good faith , liability for fault ,
59:54consideration ( reciprocity ) , payment at
59:56the debtor's domicile , and the
59:57principle that a debt cannot be created
59:59against a third party . These are
1:00:01important . Memorize them . Moving on .
1:00:04The main principle in exercising rights
1:00:06and fulfilling obligations is to be
1:00:08honest , friends . Meaning , if you say
1:00:11you borrowed this , you will pay it back
1:00:13. It's like staying true to your word .
1:00:15Right ? Yeah . Which of the following is
1:00:20not one of the main principles of the
1:00:21Law of Obligations ? There is freedom of
1:00:23contract . There is equality . There is
1:00:25the principle that a debt cannot be
1:00:26created against a third party . There is
1:00:28relativity . Relativity means a debt
1:00:29relationship is between specific
1:00:31parties . But it says the principle of
1:00:32not being subject to statute of
1:00:33limitations or limitation periods . No ,
1:00:35friends , there are statute of
1:00:36limitations in the Law of Obligations .
1:00:38There are limitation periods . Exam
1:00:41question . Moving on again . " Performance
1:00:44" appeared on the exam before . It is
1:00:47the behavior that a creditor can demand
1:00:49from a debtor in a debt relationship ,
1:00:51and which the debtor is obliged to
1:00:52fulfill . Performance , friends , is an
1:00:55exam question . Moving on . What was the
1:00:58term for the behavior that a debtor is
1:01:01obligated to perform and that the
1:01:02creditor can demand due to the debt
1:01:04relationship existing between them ?
1:01:07Performance . We just saw it . Look , we
1:01:09just saw it . We nailed it immediately ,
1:01:10my dear . Moving on . Situations that
1:01:13initiate a debt relationship have
1:01:14appeared on the exam . Contracts are
1:01:16considered legal transactions . All
1:01:18contracts , torts — causing financial
1:01:21harm to another without having any
1:01:23right — and unjust enrichment — a
1:01:25person enriching themselves at the
1:01:27expense of another without a legally
1:01:29valid reason — are included . Let's see ,
1:01:32it said it was an exam question . Uh , it
1:01:35is among the sources of debt . Unjust
1:01:38enrichment , torts , and contracts , all
1:01:40three are included , my friend . Stick
1:01:43with Edirne . This is an exam question .
1:01:45Continuing immediately . Quickly ,
1:01:46quickly . Situations that terminate a
1:01:49debt . I'm saying it again : memorize it .
1:01:51But what should you pay attention to
1:01:53while memorizing ? You should pay
1:01:54attention to the statute of limitations
1:01:56. The statute of limitations does not
1:01:58exactly terminate the debt , my friend .
1:02:00Pay attention to this . What does it do
1:02:02instead ? It only eliminates the ability
1:02:06to claim the right through a lawsuit or
1:02:07enforcement proceedings . The debt that
1:02:10is subject to the statute of
1:02:12limitations becomes an imperfect debt
1:02:14for the creditor . And the average
1:02:17statute of limitations period is 10
1:02:18years , my dear . Okay ? It is 10 years .
1:02:21Let me tell you that too . That's it .
1:02:23Are you memorizing the others ? I am
1:02:24memorizing them . Look , look , memorize
1:02:25it , look . Memorize it . After I finish
1:02:29all these citizenship full-review
1:02:30videos , once I finish the series , I
1:02:32will turn them all into a PDF if it
1:02:33works out . Okay ? Yeah . Continuing .
1:02:38Which of the following is not regulated
1:02:40among the causes that terminate a debt
1:02:41in the Code of Obligations ? Novation ,
1:02:44renewal , merger , performance , set-off .
1:02:46Yes . But enforcement is something else ,
1:02:48friends . You know , friends , novation is
1:02:51renewal . Set-off , friends , uh , again ,
1:02:56no need to drag it out . It's not a swap
1:02:59, but consider it the day the debt ends
1:03:01, sitting down and offsetting the
1:03:04accounts , I can say . Okay ? These are
1:03:07like this . Regarding the debt and
1:03:09liability for debt , which of the
1:03:11following is incorrect ? Friends , let me
1:03:13put it this way regarding a person's
1:03:15debt . A person is liable for their debt
1:03:17with their assets . A person is not
1:03:19liable for their debt with their
1:03:21personhood , i.e. , with their physical
1:03:23existence , friends . Clearly , our answer
1:03:25is E. Clearly . I am not reading the
1:03:27others . You read them so we don't lose
1:03:29time , friends . Don't forget , in the law
1:03:32of obligations , there is liability with
1:03:34assets . Don't make a big deal out of it
1:03:36. Continuing . What does the concept of
1:03:39" right " mean ? A Turkish proverb says ,
1:03:40he who eats the right ... It said . You
1:03:45understood ? Interests given to and
1:03:48protected by law , or sought to be
1:03:50protected , the interests directed at a
1:03:52person are called rights , friends .
1:03:55Let's see , friends . We have types of
1:03:57rights , our public rights . There are
1:03:59personal rights , social-economic rights
1:04:01, political rights , awards . We will see
1:04:03all of these while covering the 1982
1:04:05Constitution , friends . As I said , I
1:04:07will do these as a series . Just know
1:04:09everything , know these . You can listen
1:04:12to our videos as a series . Private
1:04:15rights , friends , you need to know these
1:04:17here . Absolute rights , relative rights .
1:04:19These are important ; there is no need
1:04:20to separate them by their qualities ,
1:04:22subjects , usage , or purposes as they
1:04:23appear on the exam . Okay ? No need . Know
1:04:26these : absolute rights , relative rights
1:04:28. There are also innovation-creating
1:04:29rights here . Formative rights . Just
1:04:31read through these and move on . There
1:04:33is no need . Not that necessary . Alright
1:04:35? Absolute rights are important . Please
1:04:37memorize these too , friends . It’s
1:04:39easy anyway . For example , custody
1:04:40rights , guardianship rights . Look , when
1:04:43you see terms like " widest authority "
1:04:46over tangible or intangible assets or
1:04:49people , and " can be asserted against
1:04:52everyone , " remember that it is an
1:04:55absolute right . Got it , kid ? Yes , like
1:04:59ownership rights , the right to life ,
1:05:00copyright . These are absolute rights .
1:05:03They might come up as a question on the
1:05:05exam . Consider it a tip from me .
1:05:06Continuing . Relative rights , friends .
1:05:09Our tea remains . It is between specific
1:05:11individuals , meaning the creditor and
1:05:13the debtor . Relative rights are not
1:05:15directed at everyone . Let me mention
1:05:17that too . Alright ? Continuing . Property
1:05:19rights are rights that can be measured
1:05:21with money . Personal rights are things
1:05:24like honor , pride , dignity , and so on .
1:05:27Then there are those that can be
1:05:29transferred , which I pass to others ,
1:05:30such as ownership , copyright , or
1:05:31inheritance . Non-transferable ones ,
1:05:34friends , are those strictly tied to the
1:05:36person ; for example , can the right to
1:05:37life be transferred ? Like , can someone
1:05:39else live for me ? Can such a thing
1:05:40happen ? It cannot . Continuing .
1:05:43Innovation-creating rights are , uh ,
1:05:45what we call formative rights , friends .
1:05:47These are rights that , when exercised ,
1:05:49create a new legal situation , or modify
1:05:52or terminate an existing one . They can
1:05:55be classified as constitutive ,
1:05:56modifying , or terminating . With
1:06:00aleatory rights , friends , you use them ,
1:06:02but there is no change . Like a parent's
1:06:05right of custody over their child .
1:06:07Anyway , moving on . Which of the
1:06:10following is not among an individual's
1:06:11private rights ? Look , ownership ,
1:06:13personality , copyright , and claims are
1:06:15included . But voting and being elected
1:06:17are public rights , friends . We will see
1:06:20those later . They are regulated in the
1:06:22section on political rights and duties .
1:06:24Continuing . What are rights called that
1:06:27, when used , completely eliminate an
1:06:28existing legal situation , friends ? If
1:06:31it eliminates it , it means it
1:06:33terminates it . It means it terminates
1:06:35it . So , our answer is option D.
1:06:38Elimination . Like terminating a
1:06:41contract or resigning while working
1:06:43somewhere . The principle of subjective
1:06:48good faith applies to the acquisition
1:06:50of rights , friends . It is when a person
1:06:52is unaware of an obstacle or defect
1:06:54regarding the acquisition of a right .
1:06:57Uh , another exam question . What is it
1:07:01when a person , despite showing the care
1:07:03expected of them according to the
1:07:05circumstances , is unaware of an
1:07:07obstacle to acquiring a right or a
1:07:09legal result , brother ? It is the rule
1:07:12of good faith . Meaning , " I didn't know ,
1:07:14" is the issue . Understand ? It even has
1:07:17the ÖSYM logo on it . Anyway , skip it
1:07:19before anyone sees . Ways of acquiring
1:07:22rights : original acquisition . Obtaining
1:07:24the right to something that did not
1:07:26previously belong to anyone . For
1:07:28movables , it is appropriation . For
1:07:31immovables , that is land , it is
1:07:32occupation . Friends , derivative
1:07:34acquisition is obtaining the right to
1:07:35something that previously belonged to
1:07:37someone else . Like signs saying " for
1:07:39rent by transfer . " Or " for sale by
1:07:41transfer . " You see them in the bazaar
1:07:43and such . In that way , the acquisition
1:07:46and loss of rights happen in three ways
1:07:49. Legal event , legal act , legal
1:07:51transaction . Alright ? What was a legal
1:07:54event ? These are involuntary events to
1:07:56which the law attaches a consequence .
1:07:58Meaning it has nothing to do with a
1:08:00person's will . It must happen . You
1:08:02cannot stop it . Birth , death . Alright ?
1:08:05These are transactions made by a person
1:08:07through their own wishes and will . A
1:08:09legal transaction is also a declaration
1:08:12of will . That is to say , contracts ,
1:08:14folks . Alright ? Let's see . What do I
1:08:18call human behavior to which the law
1:08:20attaches a legal consequence ? I call it
1:08:23a legal act . Almost . I was about to say
1:08:25tort . I was about to trip up too . I was
1:08:27falling for the question . Did you see
1:08:28that ? Continuing . The rule of objective
1:08:31good faith applies to the exercise of
1:08:32rights . Meaning honesty . We mentioned
1:08:35this in the law of obligations just a
1:08:36moment ago . The same rule applies to
1:08:38the fulfillment of obligations , young
1:08:40people . Alright ? Objective good faith ,
1:08:43meaning honesty . Let's continue . What
1:08:48was the main principle applicable to
1:08:49exercising rights and fulfilling
1:08:51obligations ? It is objective good faith
1:08:53. It is honesty , folks . Don't forget it
1:08:55. So , you can consider this as not
1:08:58harming others while exercising your
1:09:01own rights . The protection of rights is
1:09:04carried out by the state . Through the
1:09:05right to demand and legal action , or by
1:09:06the person themselves . This part is
1:09:08more important , folks . It is grouped as
1:09:11legitimate defense , also known as
1:09:13self-defense , the state of necessity or
1:09:16distress , and the use of force . Let's
1:09:18pay attention to these three . Pay
1:09:19attention to these three , my dear .
1:09:21Continuing . These are already the right
1:09:23to demand . We said it is done by the
1:09:24state . I will just read through these .
1:09:27Legitimate defense is important , folks .
1:09:29It has appeared on the exam before .
1:09:30Self-defense . It is a proportionate —
1:09:34pay attention here — proportionate
1:09:36counter-attack , meaning resisting with
1:09:39proportion , to prevent an ongoing
1:09:42unlawful attack against oneself or a
1:09:44third party's person or property . Okay .
1:09:48That is the issue . Being in distress .
1:09:51It is a person saving themselves from a
1:09:53situation by damaging a third party's
1:09:55property in order to save themselves or
1:09:57another person's life or property from
1:10:00a danger . You are in the forest under a
1:10:01bear attack . You break down the door of
1:10:03a house belonging to someone you don't
1:10:05know . You go inside and close the door
1:10:07again . However you're going to close a
1:10:10broken door while a bear is coming . So ,
1:10:12the use of force is taking action on
1:10:15one's own to protect one's own property
1:10:17or person when state intervention
1:10:20cannot arrive in time . It is an action
1:10:23done on one's own . When it is in
1:10:24accordance with the law , you will not
1:10:26receive a penalty here , my friend . When
1:10:27we say use of force , we don't mean go
1:10:28and use force . We are talking about
1:10:30usage . Don't misunderstand . Yes folks ,
1:10:33a hotelier using their right of
1:10:35retention to secure their debt due to
1:10:38unpaid hotel fees regarding the
1:10:40property a customer left with them . To
1:10:43what ? To their property . Folks , what is
1:10:45happening here ? Is it self-defense ? No.
1:10:47Is it a state of necessity ? No. But
1:10:49what is it ? It is using one's own right
1:10:51with one's own power , meaning the use
1:10:53of force , folks . This is also an exam
1:10:55question . Of course , continuing .
1:10:58Sources of law , folks , come up
1:10:59frequently on the exam . Primary sources
1:11:01and secondary sources are divided into
1:11:03two . Written and unwritten primary
1:11:05sources . These are the primary sources .
1:11:08There are also auxiliary sources . We
1:11:10will look at them anyway . Written
1:11:12sources . These are important , folks .
1:11:14Look , the unification of case law
1:11:16decision appeared in last year's ,
1:11:182025's , KPSS . As I said , friends , you
1:11:21need to memorize these . No matter how
1:11:23much we explain , a little bit ? Write
1:11:24these down somewhere , on your wall or
1:11:26something . Hang these on your study
1:11:28walls , friends . In terms of hierarchy ,
1:11:30it is almost like this . Let me state
1:11:32that as well . Which of the following
1:11:34occupies the same level as laws in the
1:11:36hierarchy of norms , friends ? Circulars
1:11:38are at the bottom . Regulations are at
1:11:39the bottom . The Constitution is at the
1:11:40top . Circulars are at the bottom .
1:11:43However , international agreements are
1:11:45considered among the texts equivalent
1:11:47to laws . Unwritten sources are customs ,
1:11:51traditions , and practices . Auxiliary
1:11:54sources are judicial precedents ,
1:11:55doctrines , and analogies . Friends , look
1:11:57, judicial precedent is auxiliary .
1:11:59Meaning , a decision made by a court
1:12:01regarding a specific case is auxiliary .
1:12:03But the unification of those decisions ,
1:12:06that is , decisions unifying judicial
1:12:08precedents , are now primary sources ,
1:12:10friends . Last year's exam question ,
1:12:12meaning the 2025 exam question , was
1:12:13this . Who can issue decisions to unify
1:12:16judicial precedents ? The General
1:12:17Assembly of the Court of Cassation and
1:12:18the General Assembly of the Council of
1:12:20State issue them . Who issues judicial
1:12:21precedent decisions , friends ? Uh , as I
1:12:24said , courts issue them anyway . Look , I
1:12:27have stated it in detail here . It
1:12:29refers to the court and jurisdictional
1:12:30decisions made previously regarding the
1:12:32subject . Judicial precedent . As for
1:12:34decisions unifying judicial precedents ,
1:12:35Constitutional Court decisions , and
1:12:37Court of Cassation and Council of State
1:12:38decisions to unify precedents have the
1:12:39force of law . Look , Court of Cassation
1:12:41and Council of State decisions to unify
1:12:42precedents . Did you see that , friends ?
1:12:44Ha . Doctrine is scientific opinion , and
1:12:47analogy is comparing anyway . Which of
1:12:51the following does not take place among
1:12:52the written sources of law ? Law does ,
1:12:55circular does , constitution does ,
1:12:56regulation does ; custom is already one
1:12:58of the unwritten sources , friends .
1:13:01Types of gaps in law are an important
1:13:03topic , friends . They come up frequently
1:13:04in exams . A legal gap is the absence of
1:13:07a rule to be applied to a concrete
1:13:09event in both the written and unwritten
1:13:11sources of law . It is not found in
1:13:13either written or unwritten sources ,
1:13:15friends . Gap in law . Alright ? What does
1:13:18the judge do ? They put themselves in
1:13:20the place of the legislator and take
1:13:22the path of creating law . Pay attention
1:13:25here . If it asks for a legal gap , look
1:13:28for law creation . If it says law
1:13:31creation , look for a legal gap . Okay .
1:13:34Are you looking for it ? You are .
1:13:36Continue . To be applied to a concrete
1:13:39event . Written and unwritten . Pay
1:13:41attention , the expression is hidden
1:13:42here . Since it says written and
1:13:44unwritten , what is this ? It is a legal
1:13:47gap . Done . A gap in legislation is the
1:13:51absence of a rule to be applied to a
1:13:53concrete event in written law . What is
1:13:54a law ? Isn't it written ? Uh , what will
1:13:57the judge do ? If there is no written
1:13:59rule , they will look at the unwritten
1:14:00ones . So , while solving a case , what
1:14:02will the judge use , brother ? They will
1:14:05use customary law in such situations .
1:14:08Yes . In case of a gap in legislation ,
1:14:10which of the following paths is the
1:14:12judge obliged to resort to ? Primarily ,
1:14:14custom , that is , unwritten sources .
1:14:17Because what is missing ? There is no
1:14:19expression in the written sources , my
1:14:21dear . Continue . It says here , " If they
1:14:24were the legislator , they would have
1:14:26decided according to the rule they
1:14:28would have laid down . " And what did we
1:14:31say just now , friends ? If there is no
1:14:33provision in the law to apply , the
1:14:34judge looks at customary law . If there
1:14:36is nothing here either , what do they do
1:14:37? If they put themselves in the place
1:14:39of the legislator , what are they doing
1:14:41here ? They are heading towards creating
1:14:44law , friends . Alright ? What are they
1:14:46heading towards here ? Creating law .
1:14:47Another exam question . Continuing . Gap
1:14:51within the rule . It is a gap left
1:14:53consciously by the legislator . As the
1:14:55name suggests , a conscious gap . They
1:14:56have foreseen a solution for the legal
1:14:58issue . However , they have not regulated
1:14:59a situation regarding the concrete case
1:15:01. What does the judge have here ?
1:15:02Discretionary power . When you see the
1:15:05judge's discretionary power , jump to
1:15:07the gap within the rule . Jump . What
1:15:10should you do ? Jump . Done . Gone . Don't
1:15:13forget . Gap within the rule , judge's
1:15:15discretionary power . Constantly
1:15:16identify the two with each other . Keep
1:15:18going by saying it like this . Gap
1:15:21within the rule , judge's discretionary
1:15:22power . Gap within the rule , judge's
1:15:23discretionary power , done and dusted .
1:15:24Wonderful , let's continue . A gap
1:15:28outside the rule is a gap left
1:15:30unintentionally and unknowingly by the
1:15:33legislator . What happens in this case ?
1:15:34The judge again goes to the path of
1:15:36creating law . Either the legislator did
1:15:39not see the gap , or it emerged after
1:15:41the law went into effect , folks . So , it
1:15:44is clearly a problematic issue already .
1:15:46An open gap is when there should be a
1:15:48provision in the law on a certain
1:15:49subject , but there is no provision at
1:15:51all ; meaning a subject exists , but
1:15:52there is no regulation . If one exists
1:15:54and the other doesn't , it's an open gap
1:15:55, don't forget . Continuing . Covert or
1:15:58closed gap . There is a regulation in
1:16:00the law regarding the subject . But it
1:16:02is not sufficient or satisfactory . So
1:16:04what happens ? Both exist . Meaning ,
1:16:07there is a shirt , there is a person ,
1:16:08but the shirt is either too tight or
1:16:10too loose for the person . It didn't
1:16:11work . So this is covert . Closed gap .
1:16:14This is an unreal legal gap . If there
1:16:17should be a provision in the law
1:16:19regarding a certain legal situation but
1:16:21there is none at all , folks , that is a
1:16:23real legal gap . Meaning , it is an open
1:16:25gap . Look , if one exists and the other
1:16:27doesn't , it's an open gap . I told you
1:16:28this just a moment ago . Okay ? I told
1:16:31you just now . Types and methods of
1:16:35interpretation in law . We will pass
1:16:36through here very quickly , friends . One
1:16:37question has come up so far . These are
1:16:39the types of interpretation , folks .
1:16:41Legislative , judicial , administrative ,
1:16:42and scientific interpretation . These
1:16:44are the methods of interpretation here .
1:16:45These are literal , systematic ,
1:16:46historical , and teleological
1:16:48interpretation . Legislative
1:16:49interpretation is the interpretation
1:16:51regarding how a law should be
1:16:52understood . It was only included in the
1:16:541924 Constitution . It has not been
1:16:56included in any other constitution so
1:16:57far and was asked once . That was this ,
1:16:59folks . It is not one of the
1:17:01interpretation types or methods
1:17:02accepted in Turkish law today .
1:17:04Legislative interpretation appeared on
1:17:06the exam once . Judicial interpretation
1:17:09is interpretation made by judicial
1:17:11bodies . Administrative interpretation
1:17:14is the interpretation made by tax and
1:17:15administrative courts during the
1:17:17application of laws . Pass these over
1:17:19simply . Scientific interpretation is ,
1:17:21well , interpretation made by scientists
1:17:23and legal experts . Literal
1:17:25interpretation . In this interpretation ,
1:17:27importance is given to the meaning of
1:17:28the words . Words used in laws , sentence
1:17:30structures , and idioms used by the
1:17:33legislator are handled one by one .
1:17:35Idiom , word , phrase , don't forget .
1:17:39Systematic interpretation is
1:17:40interpretation as a whole . It is not
1:17:43interpreting a single article of a law ,
1:17:45but the entire laws or the whole
1:17:46constitution , folks . Historical
1:17:49interpretation is interpretation
1:17:51directed toward the past , that is ,
1:17:53according to the conditions of the
1:17:54period when the law was enacted .
1:17:57Teleological interpretation is the
1:17:59objective meaning the law has gained
1:18:00under changing economic and social
1:18:02conditions , meaning , has the law
1:18:04reached its purpose or not ? is to
1:18:05interpret this . Interpreting laws
1:18:09according to the needs and
1:18:10understanding of today or the time of
1:18:11application . In other words , it says ,
1:18:14uh , did it happen ? I mean , has this law
1:18:17fulfilled its function sufficiently ?
1:18:20Then that would be teleological
1:18:21interpretation , friends . This friends ,
1:18:24citizenship , constitution , knowing
1:18:26these is enough . Uh , our part 1 video
1:18:29has come to an end . I will do a part 2 ,
1:18:31friends . Stay tuned . Look , these videos
1:18:35of ours are valid for everyone . KPSS ,
1:18:37AGS , undergraduate , associate degree ,
1:18:39secondary education . This was the video
1:18:41for the first three questions . See you
1:18:44in the second part , take very , very
1:18:46good care of yourselves , my precious
1:18:48flowers . Yeah .