Introduction to Law Deneme Sınavı Sorusu #724405

(1) is an action in which the court is requested to sentence the defendant to
give or perform, or avoid from doing something.

With (2), the court is requested to determine the existence or nonexistence
of a right or a legal relationship, or whether a document is forged or not.

With (3), the court is requested to create a new legal status, or modify the
substance of an existing legal status or terminate it.

With which of the following should the numbered places in passage above be filled?


(1) Action for performance 
(2) Constructive action
(3) Declaratory action

(1) Action for performance 
(2) Declaratory action
(3) Constructive action

(1) Constructive action
(2) Declaratory action 
(3) Action for performance 

(1) Constructive action
(2) Action for performance
(3) Declaratory action

(1) Declaratory action 
(2) Action for performance
(3) Constructive action


Yanıt Açıklaması:

Action (dava) is a legal remedy sought from the court by the person of a right that is claimed to be harmed, against the person who is claimed to have harmed the mentioned right.

There are three types of actions according to the legal remedy sought:


(1) Actions for performance (eda davaları)
(2) Declaratory actions (tespit davaları)
(3) Constructive actions (inşai davalar)


Any claim to be filed as action in the court must fall under one of these three categories.

Action for performance is an action in which the court is requested to sentence the defendant to
give or perform, or avoid from doing something (art. 105).

With declaratory action, the court is requested to determine the existence or nonexistence
of a right or a legal relationship, or whether a document is forged or not (art. 106).

With constructive action, the court is requested to create a new legal status, or modify the
substance of an existing legal status or terminate it. (art. 108).

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