Introduction to Law Deneme Sınavı Sorusu #725005

Which one of the below can have full capacity to act?


A person at the age of seventeen

A person that got married at age sixteen

A person under the influence of alcohol

A person diagnosed with Alzheimer's disease

A person with a gambling addiction


Yanıt Açıklaması:

In order to have full capacity, a person should have attained majority, should be capable of making fair judgements and should not be restricted. Therefore, there are three requirements of capacity; majority, discretion and not being interdicted.

In Turkish law the normal marriage age is the completion of
17 years of age, with the consent of the parents, and the extraordinary marriage age is the completion of 16 years of age, with the court decision. If a person gets married
before the completion of 18 years of age in the mentioned circumstances, this would acquire majority. The second way is the court decision. A minor who has completed his/her 15 years of age, may upon his/her application and with the consent of his/her parents, be declared by the court to be of full age. But to grant this decision, there should be a valid ground for this application.

Persons who have discretion are able to make fair judgements, so that they can act rationally. According to article 13 of the Civil Code, a person is capable of making fair judgements if he or she
does not lack the capacity to act rationally by virtue of being under age or because of a mental disability, mental disorder, intoxication or similar circumstances.

There are some grounds in which a person may be interdicted. They are named in CC art. 404- 408 as mental disability, mental disorder, habitual drunkenness, habitual gambling, one year or more imprisonment. In these situations a person is interdicted.

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