Introduction to Law Deneme Sınavı Sorusu #724335

Regarding to the capacity to be a party, which of the following is wrong?


The personality and therefore the capacity begins with full birth and ends with death.

Both private and public law legal entities have the capacity to be a party.

Capacity of the child begins with conception, on condition that full birth is achieved.

A curator must be appointed for the protection of the rights of the unborn baby.

Only citizens have the right to possess civil rights and therefore the capacity to be a party.


Yanıt Açıklaması:

Article 50 of the CoCP defines the capacity to be a party and makes referral to the Turkish Civil Code. According to the provision, any person who has the capacity to possess civil rights, also has the capacity to be a party in an action. According to articles 8 and 28 of the Turkish Civil Code, every person has the right to possess civil rights.

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