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The field of law that regulates the relations between members of the society with equal rights: Civil Law, Commercial Law, Private States Law and Law of Obligations. The main laws regulating this field in Turkey Civil Code, the Code of Obligations and the Turkish Commercial Code.
In the private law regulating the relations between individuals, the state intervenes in this law as a regulator and enforcer at the stage of sanction (such as the individual's resorting to the judiciary). However, the state is subject to private law, just like the individual, in the relationship of public institutions with individuals as legal persons. Business relations of state-owned business enterprises with individuals may also come under private law (rents, banks).
According to the
principle of freedom, which is the basic principle in the field of Private Law, 'everything not prohibited by law is legitimate'. In private law, a person is called a right to the powers provided by the legal order. The use or non-use of the right is left to the person. Uses the right of person directly or with savings. Those who do not have a license use their rights with the representative, custodian. A right should be compatible with honesty according to civil law.
Otherwise, the order of
law does not protect the abuse of a right. Rights are divided into absolute and relative, real and personal rights, property rights, rights of personality, and construction rights. There is no right without owner, every right has an owner. The right holder is a real or legal person. Everyone is equal in terms of entitlement.People acquire their license by birth, and this is called personality.Personality is the basic concept of law.Rights are acquired either originally or by transfer.
Some rights are not transferable. Loss of the right is with the termination of personality or renunciation.
Private Law: It is the legal right on which the agreements concluded between individuals in full equality, based on their own will (without any pressure). For example; The contract signed between an individual who wants to rent a house and the landlord represents 'Private Law'. In Private Law, 'Contract Freedom' (ie individuals can express their wishes without hesitation and express their reservations clearly. The Freedom of Contract is entirely based on the individual's own will.) Individuals (landlord and tenant) express their wishes in this contract and use their private law rights of their own free will.
The agreements between companies, landlord-tenant agreements, agreements between international organizations can be shown as examples of Private Law.
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