Introduction to Law (Hukuka Giriş) Comprehensive Review

Vocabulary practice cards covering fundamental legal concepts, Turkish civil code, criminal law, obligations, commercial law, corporate law, and negotiable instruments based on the lecture review.

Hukuk (Law)

The body of rules that regulates social life and is backed by the sanctioning power of the state.

Hak (Right)

An authorization, entitlement, or interest granted to and protected for individuals by the legal order.

Mutlak Hak (Absolute Right)

A right that can be asserted against everyone (erga omnes), such as ownership (mülkiyet) and personality rights (kişilik hakları).

Nispi Hak (Relative Right)

A right that can be asserted only against a specific person or specific individuals, such as a creditor's right to claim a debt solely from the debtor.

Yenilik Doğuran Hak (Formative / Inovative Right)

A right that creates, alters, or terminates a legal relationship through a unilateral declaration of will (classified as constitutive, modifiable, or resolutive).

Kişiye Sıkı Sıkıya Bağlı Hak (Strictly Personal Right)

A non-transferable right that is tied directly to an individual's personal sphere, such as the right to marry or divorce.

Hak Ehliyeti (Capacity to Have Rights - TMK 8)

The capacity to possess rights and obligations; every human being inherently has this capacity.

Kişiliğin Başlangıcı (Beginning of Personality - TMK 28)

The legal principle that personality starts with complete and live birth; a child enjoys capacity to have rights from conception, provided it is born alive.

Fiil Ehliyeti (Capacity to Act - TMK 10)

The capacity of a person to acquire rights and incur obligations through their own acts, requiring three conditions: majority (erginlik), power of discernment (ayırt etme gücü), and not being restricted (kısıtlı olmama).

Ayırt Etme Gücü (Power of Discernment)

The mental capability of an individual to reasonably understand and evaluate the meaning and legal consequences of their conduct.

Sınırlı Ehliyetsiz (Limited Incapable Person)

A person who possesses the power of discernment but is either a minor (under 18) or placed under legal restriction, subjecting their transactions to legal limitations.

Aslen Kazanma (Original Acquisition)

The acquisition of a right independently, without taking it over from a preceding rights holder (e.g., the lawful appropriation of ownerless movable property).

Devren Kazanma (Derivative Acquisition)

The acquisition of a right by transferring it from a previous rights holder (e.g., taking transfer of title to a purchased vehicle).

İyiniyet (Subjective Good Faith - TMK 3)

A person's lack of knowledge of a legal impediment where the law attaches legal protection to such ignorance, provided the person could not have known it despite exercising due care.

Dürüstlük Kuralı (Objective Good Faith / Bona Fides - TMK 2)

The legal duty requiring individuals to act honestly and reasonably when exercising their rights and performing their obligations.

Hakkın Kötüye Kullanılması (Abuse of Right - TMK 2)

The manifest exercise of a right contrary to the principle of objective good faith, which is denied protection by the legal order.

Normlar Hiyerarşisi (Hierarchy of Norms)

The ordering of legal rules based on superiority, under which subordinate norms and ordinary laws cannot conflict with the Constitution.

Bireysel Başvuru (Individual Application)

A constitutional mechanism for individuals claiming a violation of certain fundamental rights by public authorities, generally exercisable after ordinary legal remedies are exhausted.

Kanunilik İlkesi (Principle of Legality - TCK 2)

The fundamental criminal law doctrine that no punishment or security measure can be imposed for an act that is not explicitly defined as a crime by statute.

Doğrudan Kast (Direct Intent - TCK 21)

The mental state in which the perpetrator knowingly and willingly realizes all the statutory elements of a crime.

Olası Kast (Eventual / Probable Intent)

The mental state where the perpetrator foresees that the criminal outcome may occur and nevertheless carries out the act, accepting the potential outcome.

Bilinçli Taksir (Conscious Negligence - TCK 22)

The mental state where the perpetrator foresees the possible consequence of their breach of care but acts trusting that it will not materialize.

Soruşturma (Investigation Phase)

The procedural phase of criminal law extending from the initial suspicion of a crime until the acceptance of the indictment, during which the individual is designated as a suspect (şüpheli).

Kovuşturma (Prosecution Phase)

The procedural phase of criminal law extending from the acceptance of the indictment until the final judgment, during which the individual is designated as a defendant (sanık).

İdari İşlem (Administrative Act)

A unilateral declaration of will executed by public administration using public power to produce binding legal effects.

İdari Eylem (Administrative Action / Material Act)

A physical, material activity or operation performed by the public administration that does not constitute a formal legal act (e.g., road construction).

Edinilmiş Mal (Acquired Property)

An asset obtained in exchange for consideration during the legal matrimonial regime (e.g., a home acquired through employment income).

Kişisel Mal (Personal Property)

An asset deemed non-marital by law (such as property obtained through gratuitous inheritance), whose revenues, however, are generally treated as acquired property.

Usus, Fructus, Abusus

The three components of ownership rights: usus is the right to use, fructus is the right to enjoy/reap fruits, and abusus is the right to dispose of the property.

Paylı Mülkiyet (Shared Ownership / Co-Ownership)

A form of co-ownership where several persons hold distinct, determined fractional shares in the whole asset.

Elbirliği Mülkiyeti (Joint Ownership)

A form of joint ownership in which owners hold undivided interests without designated separate shares, such as an inheritance community (miras ortaklığı).

Külli Halefiyet (Universal Succession)

The principle of inheritance law under which the estate's rights and liabilities pass to the heirs automatically and in their entirety as a whole.

Sağ Kalan Eşin Miras Payı (Surviving Spouse's Inheritance Share)

The statutory share of the surviving spouse: $\frac{1}{4}$ when surviving with descendants, $\frac{1}{2}$ with parents/lineage, $\frac{3}{4}$ with grandparents/lineage, and the entire estate if none of these survive.

Mirasın Reddi (Disclaimer / Rejection of Inheritance)

The formal rejection of an inheritance within statutory procedures, subject to a general time limit of 3 months.

Haksız Fiil (Tort / Delict)

An unlawful and wrongful act causing harm to another, consisting of five core elements: act, unlawfulness, fault, damage, and causal link.

Sebepsiz Zenginleşme (Unjust Enrichment)

The unjustified enhancement of an individual's assets at the expense of another without a valid legal ground (e.g., mistaken bank wire).

Vekâletsiz İş Görme (Agency Without Authority)

Performing or managing another person's affairs without being vested with statutory authority or contractual mandate (e.g., emergency repair of a neighbor's broken water pipe).

Genel İşlem Koşulları (General Transaction Terms - TBK 20–25)

Standardized contract terms drafted in advance unilaterally by one party for use in a multitude of similar contractual relationships.

Tanıma (Recognition - MÖHUK 5718)

The legal acknowledgment by a Turkish court of a foreign court judgment's force as res judicata (kesin hüküm) or definitive evidence (kesin delil).

Tenfiz (Enforcement - MÖHUK 5718)

The judicial decree making an enforceable foreign court judgment legally executable within Turkish jurisdiction.

Ticari İşletme (Commercial Enterprise - TTK 11)

An enterprise whose business operations exceed the threshold of an artisan shop (esnaf işletmesi) and are carried out continuously and independently with an income-earning objective.

Basiretli Tacir (Prudent Merchant - TTK 18/2)

The statutory standard requiring a merchant to exercise foresight, diligence, and prudent business judgment in all commercial endeavors.

Anonim Şirket (Joint-Stock Company - TTK 329)

A capital corporation with fixed, predetermined capital divided into shares, which is exclusively liable for its obligations with its corporate assets.

Asgari Sermaye (Minimum Capital - TTK 329)

The statutory minimum capital required for a joint-stock company: $250.000\,\text{TL}$ under the basic capital system, and $500.000\,\text{TL}$ initial capital for non-public registered capital systems.

Haklı Nedenle Fesih (Dissolution for Just Cause - TTK 531)

A legal action seeking company dissolution filed on just grounds by shareholders holding at least $\frac{1}{10}$ of the share capital ($\frac{1}{20}$ in publicly traded companies), wherein the court may alternatively order a suitable substitute remedy.

Kıymetli Evrak (Negotiable Instruments - TTK 645)

Certificates or instruments in which a substantive legal right is so inextricably embodied that the right cannot be asserted or transferred independently of the instrument itself.

Emre Yazılı Senet (Order Instrument)

A negotiable instrument made payable to the order of a designated person or deemed to order by statute, transferable by endorsement (ciro) and delivery (teslim).

Nama Yazılı Senet (Registered Instrument)

A negotiable instrument made out to a specific named person, transferable as a general rule through a written assignment declaration (devir beyanı) coupled with delivery.

Hamiline Yazılı Senet (Bearer Instrument)

A negotiable instrument payable to the bearer, transferable as a general rule simply through physical delivery (teslim).

Poliçe (Bill of Exchange)

A three-party negotiable instrument in which the issuer/drawer (keşideci) orders the drawee (muhatap) to pay a fixed amount of money to the payee (lehtar).

Bono (Promissory Note)

A two-party negotiable instrument that embodies an unconditional, unreserved promise by the issuer/maker to pay a fixed sum to the beneficiary.

Aval

An independent bill guarantee on a negotiable commercial paper ensuring the fulfillment of a bill liability by an avalist.