Examples of acts which may constitute unfair competition

• Advertisement and sales methods and other illegal acts, which violate the rule of good faith,

• Inducement breach or termination of contract,

• Unauthorized utilization of others’ business products.

• discrediting others or their merchandise, products, works, activities or business transactions by wrong, misleading, unnecessarily offending statements,’’

• Revealing production and business secrets unlawfully,

• Not complying with general business conditions,

• Using general business terms and conditions, which violate the rule of good faith,

• acts or statements aiming to distort a competitor’s commercial reputation,

• lodging an unjustified lawsuit only to offend,

• predatory exploitation of another’s services or achievements

The correct answer is B.

Third source of an obligation is unjust enrichment. It is a gain acquired in an unjustifiable manner out of the property of another person. According to article 77 of the Code of Obligations, a person who has enriched himself without just cause at the expense of another is obliged to make restitution.

If the debtor is obliged to refrain from doing something, the consideration is a negative consideration. Also refraining from doing something is always indivisible.

For a person to have tortuous liability, there must be damage. Damage is the loss either given to a person or to his property or both.

Bilateral contracts are also classified into two groups: Equal bilateral contracts and unequal bilateral contracts. In equal bilateral contracts,there are mutual promises between the two parties and they involve an exchange of equivalent mutual obligations. Examples to equal bilateral contracts are sales contract, rental contract and employment contract. On the other hand, in unequal bilateral contracts, the parties are both under an obligation, but their obligation is not mutual, and in other words one obligation is not exchanged for theother. Contract of agency and loan contracts can be given as examples.

Contractual freedom may be summarized as five different types of sub-freedoms:
1. Freedom to enter into a contract
2. Freedom to choose the other party of a contract
3. Freedom of form
4. Freedom to withdraw a contract
5. Freedom to choose the type and subjectmatter of a contract.

Freedom to act unlawfull contract is not a type of sub-freedoms of contractual freedom. Actually anybody cannot act an unlawfull contract legally.

There are certain limitations on the decisions of the General Assembly which can be listed as in the following:
• Third Parties’ Rights: The General Assembly of a joint stock company cannot take a decision on the rights of a third party. Thus a contract made between the Company and a third party cannot be declared void by the General Assembly.
• The exclusive jurisdiction of the other organs and persons: Those duties which
are given to the Board of Managers or to other organs by the Law cannot beperformed by the General Assembly. For example, although the accountants are to be appointed by the General Assembly, the General Assembly can perform this duty but cannot replace the accountants’ financial supervision duties.
• The General Assembly should also be sensitive and refrain from violation of minority rights and the individual rights of the shareholders.
• The General Assembly should also protect and refrain from taking decisions concerning the rights with privileges.
• General Assembly Meeting via electronic platforms is also possible with the new TCC.

One of the essential elements of a commercial enterprise, "independence" qualifies a commercial enterprise from a “branch” which is not an independent unit. A branch or a commercial representative do not qualify as a commercial enterprise due to the lack of this criterion. Therefore, the criterion for independence is significant for defining a business unit as a commercial enterprise.

Rebuttable presumption is a presumption which the contrary may be proved with any kind of proof. The most important examples of rebuttable presumption include presumption of innocence (in criminal law), presumption of ownership (in law of property) and presumption of good faith (in private law in general). Therefore, the correct option is D.

The TCC has introduced significant new issues to commercial business life some of which can be listed as corporate governance regarding good management and internal and independent audit that are to be applied to all capital stock companies; creation of web sites, information society services and access rights of information; and single share holder (one-man) joint stock company and single member limited liability company. Therefore, the correct option is D.

In private law matters, when the written laws are silent, in other words, when there are no provisions applicable, the judge must look for the existing customary law principles; and when they are silent as well, if the judge thinks that there is a necessity for a rule, he/she should lay down that rule then and decide accordingly. The correct answer is A.

The obligation is deemed to be discharged by merger where the capacities of creditor and debtor are united. In other words where the creditor and the debtor become identical, the obligation is discharged by merger.In a rental contract when the lessee buys the house he has rented, the obligation of paying rental money is discharged by merger.

President ministries and public corporate bodies may issue by-laws. Every valid by-law is dependent upon a code, a statute or presidential decree. By-laws contain more concrete and specific rules and they can not contain provisions contrary to the codes, statutes and presidential decrees.

Independence: This criterion qualifies a commercial enterprise from a “branch” which is not an independent unit. A branch or a commercial representative do not qualify as a commercial enterprise due to the lack of this criterion. Therefore, the criterion for independence is significant for defining a business unit as a commercial enterprise. Accordingly, a commercial enterprise has a legal capacity that is much broader than a branch which has a limited scope of activities. Therefore, the correct option is A.

Amendment of the TCC (Turkish Commercial Code) is not one of the non transferrable duties of the General Assembly, therefore A is the correct answer.

Interest as to its Calculation Simple interest applies only for the capital and its is calculated for a certain period of time whereas compound interest is the interest calculated over the sum reached by the addition of a certain interest on the initial capital. The correct answer is A.

Private Law Legal Persons are established by a legal transaction subject to private law rules; and the types of private law legal persons are exhaustively listed in the law. Private law legal persons may be classified based on whether or not they have an income generating purpose. Accordingly, associations and foundations are legal persons with non-income generating purposes subject to private law rules and companies are income generating legal persons. The correct answer is E.

The origins of business law may be found in the law merchant - lex mercatoria. Therefore the correct answer is A.

Simple interest applies only for the capital and its is calculated for a certain period of time whereas compound interest is the interest calculated over the sum reached by the addition of a certain interest on the initial capital.

Not to be interdicted: There are some grounds stated in the Turkish Civil Code in which a person may be interdicted. In CC articles 404-408, they are listed as mental disability, mental disorder, habitual drunkenness, habitual gambling. One year or more imprisonment. These are actually some of the examples among the ones that are named in the mentioned articles. Under these situations, a person is interdicted. The correct answer is E.