Introduction to Law Deneme Sınavı Sorusu #721527

Which of the following is not a legal action that might be brought before the court in
cases of unfair competition?


Publication of judgement

Action for damages

Imprisonment

Action for declaratory relief

Termination


Yanıt Açıklaması:

Article 56 of TCC sets forth the types of legal actions that might be brought before the court in
cases of unfair competition. Imprisonment is not one of those. 

The types of legal actions st forth in TCC are as following:

i. Action for declaratory relief: A person who is injured or is in danger of suffering damages can ask for a declaratory judgement on the “unfairness” of the act.

ii. Termination (Injunction): If the act constituting unfair competition is continuous, the court decides on the termination of the so called act/unfair trading.

iii. Action for restitution of the unlawful situation: The plaintiff may request from the court
to order on the restitution of the position held prior to the act of unfair competition. 

iv. Action for damages: Damages are recoverable only if there is fault on the part of the
person who has committed unfair competition subject to the general rules on tort.  Damages may
be material and, in exceptional cases, immaterial.

v. Publication of the Judgement: The Court may also decide, upon the request if the plaintif whose request has been upheld and, at the expense of the defendant, to publish the judgement once it becomes final. 

vi. Precautionary Measures (TCC Article 61) and Civil Procedural Law Article 389-399: Precautionary measures (ihtiyati tedbirler) may be requested and granted before or after lodging a case, if delay might be harmful or if such remedies are necessary to prevent serious damages. 

vii. Liability of Employers and Entities: If the act of unfair competition is committed by workers or employees in the course of their employed term, actions for declaratory relief, removal of the unlawful situation and a prohibitory action can be brought against the employee or against the perpetrator.

viii. Statute of Limitations in Unfair Competition Cases: In unfair competition cases, the claimant must bring a cause of action within three years from the date of the existence of the right and one year from the date when he/she becomes aware of the damages. 

ix. Liability of the Press: Pursuant to Article 58 of TCC if unfair competition is committed by
means of the press, an action may be brought, in principle against the author of the article or the
editor.

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