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KPSS VATANDAŞLIK ANAYASA BUNLARI BİL YETER PART 1 #kpsssoruçözümleri #vatandaşlık #kpss

paşa hoca · 16,807 words · 77 min read

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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 .

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