Law question

FORM OF CONTRACT
 What is used for the formal requirements of
contract?
 Form as a Condition for Proof
 Art. 200 of Turkish Civil Procedure Law states that all
kinds of monetary transactions over 2500 TL can
only be proved by a written document.
 Where the form of proof required in a contract does
not mean that it is a validity form of contract.
Contracts are still valid even if it is not made in the
form of proof. But it can not be enforceable before
the court.
1

REALITY OF CONSENT
2. Fictitious Transactions (Simulated Transactions)
 The parties enter into a contract want to create an appearance
to third parties which they do not reflect their real intention.
There are two types of fictitious transactions.
 Relative Fictitious Transaction
 In this type there two seperate agreements. One is apparent
contract which creates a false appearence toward the third
parties. The other agreement is concealed (hidden) behinde
the apparent contract.
2

REALITY OF CONSENT
 Absolute Fictitious Transaction
 In this type there is just one agreement
without any hidden contract. They just want to
create an appearence toward the third parties.
 Illustration: The debtor sells his house to his
wife to save himself from the seizure of the
creditors.
3

REALITY OF CONSENT
 Essential Mistakes
 If the mistake is essential the mistaken party is not bound by
such a contract (Art. 30 of TCO).
 According to art. 31 of TCO the mistake is considered in the
following cases:
 Mistake as the nature of the contract
 Mistake as to the identity of subject matter
 Mistake as to the identity of the other party
 Mistake as to the quantity
 Mistake related to the necessary elements of the contract
 Two conditions required:
Subjective condition: The mistaken party would not have
made the contract if he had known the absence of stated
facts.
Objective condition: The stated facts should be objectively
considered the necessary elements of the transaction
according to commercial good will.
4

REALITY OF CONSENT
 FRAUD
 Fraud is the behavior of fraudulent party with the
intention of inducing other party into a mistake in
motive in order to obtain the consent of defrauded
party.
 There is no need to have into an essantial mistake to
avoid the contract. If someone misdirected to make a
contract with a fraudulent act, he is not bound with that
contract.
5

REALITY OF CONSENT
3. An Adequate Causal Connection
 There must be a causal connection between the
fraudulent conduct and the formation of the contract. If
the injured party knew fraud, he would never enter into
contract.
 There should be also an economic loss as of the false
statement or concealment of a material fact. Otherwise
defrauded party cannot claim the avoidance.
6

REALITY OF CONSENT
 When the party under mistake, fraud or duress does
not notify wihin one year, the contract shall be deemed
ratified. The contract in this case valid since it is
concluded.
 Conducts of the injured party implying the approval of
the defective contract may also be considered
ratification. Exp. If the injured party consumes the
goods sent to him.
7

Question 1
 1. Which one of the following is a branch of
private law?
 A) Tax Law
 B) Criminal Procedure Law
 C) Administrative Law
 D) Commercial Law
 E) Philosophy of Law
8

Question 2
 2. Which one of the following makes a
contract void because of its subject
matter?
 A) Individual rights
 B) Good morals
 C) Public policy
 D) Imperative rules
 E) All of the above
9

Question 3
 3. Which one of the following is not
necessary element to create a valid
contract?
 A) Offer
 B) Acceptance
 C) Written form
 D) Legal capacity
 E) Legal subject matter
10

Question 4
 4. If only a single party is under a
commitment due to the nature of the
contract, what is such a contract named?
 A) Enforcement
 B) Unilateral legal transactions
 C) Bilateral transactions
 D) Unilateral contracts
 E) Bilateral contracts
11

Question 5
 5. Which one of the following contract is an
example of synallagmatic or reciprocally
bilateral contract?
 A) Deposit
 B) Contract of mandate
 C) Contract of sale
 D) Contract of suretyship
 E) Donation
12

Question 6
 6. Which one of the following is not a kind
of imperfect obligations?
 A) Obligations arising from gaming contracts
 B) Obligations arising from betting contracts
 C) Obligations arising from service
contract
 D) Marriage brokerage
 E) Obligations arising from the
accomplishment of moral duties
13

Question 7
 7. How would you legally classify the
writing of “For rent” on a window of an
apartment?
 A) Invitation to make an offer
 B) Offer
 D) Acceptance
14

Question 8
 8. Which one of the following is not
classified as written rules?
 A) The Constitution
 B) Codes and Statutes
 C) International treaties
 D) Custom
 E) Statutory Decrees
15

Question 9
 9. Which one of the following partnership is
not provided in the Turkish Commercial
Code?
 A) Ordinary partnership
 B) Joint stock company
 C) Limited liability Company
 D) General partnership
 E) Limited partnership
16

Question 10
 10) I. Contract
II. Tort (Illegal Act)
III. Unjust Enrichment
Which ones of the above-mentioned
sources are the origin of obligations in
TCO?
 A) I, II and III B) I and II C) II and III
 D) I and III E) None of the above
17

Question 11
 11. What is the term used for legal
transactions that may take legal effect by
the single declaration of a party?
 A) Enforcement
18

Question 12
 12. If only a single party is under a
commitment due to the nature of the
contract, what is such a contract named?
 A) Enforcement
19

Question 13
 13. Which one of the following contract is
an example of unilateral contract?
 A) Deposit
 D) Service contract
 E) Donation
20

Question 14
 14. Which one of the following is a criminal
sanction?
 A) Revocation of license
 B) Imprisonment
 C) Compensation
 D) Alimony
 E) Preventive detention
21

Question 15
 15. Which one of the following is a branch
of public law?
 A) Law of Persons
 B) Family Law
 C) Administrative Law
 D) Commercial Law
 E) Property Law
22

Question 16
 16. Which one of the following is not a civil
sanction?
 A) Absolutely Inoperativeness
 B) Nullity
 C) Compensation
 D) Imprisonment
 E) Void
23

Question 17
 17. Which one of the following is an
example of unilateral legal transaction?
 A) Offer
 D) Contract of suretyship
 E) Donation
24

Question 18
 18. Which one of the following is not an
example of unilateral legal transaction?
 A) Offer
 B) Acceptance
 C) Writing a will
 D) Contract
 E) None of the above
25

Question 19
 19. What is the legal result of a land sales
contract not concluded before an
authorized land registry office?
 A) Absolutely Inoperativeness
 B) Nullity
 C) Valid
 D) Imprisonment
 E) Voidable
26

Question 20
 20. I. Mutual consent of the parties (offer
and acceptance)
II. Legal capacity III. Legal subject
matter
IV. Formalities in some cases.
Which ones of the above-mentioned
elements are necessary to create a valid
contract?
 A) I, II and III B) I and IV C) II and III
 D) II, IV E) All of the above
27

Question 21
advantage of formalism?
 A) Reconsidering the agreement.
 B) Official form requires the contribution of a
legal advisor.
 C) Formalism facilitates the process of proof.
 D) It makes the acceptance of the third parties
easier.
 E) It is expensive for the parties
28

Question 22
 22. What is the legal consequences of the
non-observance of a prescribed form?
 A) The contract is void
 B) The contract is voidable.
 C) The contract is valid.
 D) Law orders the conversion.
 E) None of the above.
29

Question 23
 23. The parties enter into a contract want to
create an appearance to third parties which
they do not reflect their real intention.
 What is the legal term for above mentioned
situation?
 A) Fictitious Transaction
 B) Voidable contract
 C) Valid contract
 D) Unserious declaration
 E) None of the above.
30

Question 24
essential mistake?
 A) Mistake in motive
 B) Mistake as the nature of the contract
 C) Mistake as to the quantity
 D) Mistake as to the identity of the other party
 E) Mistake as to the identity of subject matter
31

Question 25
 25. The debtor sells his house to his wife to
save himself from the seizure of the
creditors. Which one of the following term
describe above mentioned illustration?
 A) Donation
 B) Absolute Fictitious Transaction
 C) Subsequent impossibility
 D) Relative Fictitious Transaction
 E) Mistake
32

Question 25
 25. According to Turkish Civil Procedure
Law, all kinds of monetary transactions
over how much money can only be proved
by a written document?
 A) 500 TL
 B) 1000 TL
 C) 2500 TL
 D) 5000 TL
 E) 10000 TL
33

Law question

Recomendados

Recomendados

Mais conteúdo relacionado

Mais procurados

Mais procurados (20)

Destaque

Destaque (20)

Semelhante a Law question

Semelhante a Law question (20)

Último

Último (20)

Law question