Business Law Deneme Sınavı Sorusu #1008547
Which of the following is among the primary sources in Turkish law?
The customary law |
The doctrine |
The precedents |
Judicial decisions |
The spoken law |
It can be stated that there are two groups of sources in Turkish Law. One involves the primary sources and the other involves the secondary sources. Primary sources include the written laws, the customary law and the judge as a law-maker. Secondary sources include the doctrine and the precedents, in other words, judicial decisions. They are not binding; the judge is free to use them according to his/her discretion. In our legal system, previous court decisions are not binding; but, most certainly, a judge in a lower court, may use especially the higher court decisions in similar cases. Therefore, the precedents are not binding in the Turkish legal system. However, the only exception to this rule is what is called the “unification of judgment.”
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