Business Law Ara 5. Deneme Sınavı
Toplam 20 Soru1.Soru
What does the concept of "a legal person merchant" refer to?
A person who owns a business. |
A person who arbitrates disputes between a merchant and his client. |
A business association. |
A person who arbitrates disputes between large companies. |
A public institution which arbitrates disputes between large companies. |
Business law is mainly used among merchants: and a merchant may be a real person or a legal person. The legal person merchants are business associations or in other words the companies.
2.Soru
"Misleading customers as to the real value of products using bundling practices" is an example of:
Relative commercial case. |
The right to lien. |
Unfair competition. |
Dependent auxilliary. |
Freedom to trade. |
In addition to other unlawful acts, the advertisement and sale methods that are against the principle of honesty and especially misleading customers as to the real value of products using bundling practices is a major example of unfair competition.
3.Soru
Which of the following is true for companies?
A company is a business association formed for the purpose of making profit. |
A company is a business association formed by at least three or more parties |
Not every company is required to have an Articles of Association |
“Articles of Association (AoA) can contain rules that are against the law. |
AoA of a company does not have to be in a written form |
A company is a business association formed by two or more parties who bring together their capital to achieve common purposes of making and sharing profit. The parties (shareholders/partners) establishing the company enter into a contract titled “Articles of Association (AoA)”. Every company is required to have an AoA which is legally binding on the company and all of its shareholders and which can be regarded as its internal rules, prepared by the shareholders. The AoA cannot contain rules that are against the law. AoA of a company must be in a written form and should bear the signatures of all the shareholders, authenticated by the notary public.
4.Soru
Which of the following can not take legal actions in cases of unfair competition?
A competitor whose economic interests are damaged by unfair competition. |
A customer who has experienced prospective damages from unfair competition. |
Chambers of commerce. |
Chambers of craftsmen. |
Public institutions. |
Customers have the standing to sue only where their economic interests are injured. For customers to have a cause of action, there must be actual damages. Prospective damages are not sufficient.
5.Soru
Which of the following principles applicable to the joint stock corporations requires supervision by the Capital Markets Board in case of public joint stock corporations; the Ministry’s authority regarding a legal action for dissolution?
Principle on Majority Management |
The Principle on the Protection of Capital |
Principle on Limited Liability of the Shareholders: |
The Principle on Informing the Public |
The Principle of State Supervision |
Applying the Principle of State Supervision requires supervision by the Capital Markets Board in case of public joint stock corporations; the Ministry’s authority regarding a legal action for dissolution, therefore the correct answer is E.
6.Soru
Recognition of a child is:
A multilateral legal transaction. |
A divisible consideration. |
A bilateral legal transaction. |
A contract. |
A unilateral legal transaction. |
Unilateral legal transactions: These legal transactions are formed by the assent of a single person. In other words, in unilateral legal transactions, there is only one intention declared. The legal order binds effect only to this single declaration of intention. One example to that is recognition of a child.
7.Soru
Which of the following is NOT a company type in Turkey?
Joint Stock Company |
Limited Liability Company |
Wholly Foreign-Owned Enterprise |
Commandite Company |
Non-corporate forms of Companies |
Wholly Foreign-Owned Enterprise is not a type of company in Turkey, therefore the correct answer is C.
8.Soru
Which is not formed the general provisions part of Code of Obligations?
Source of obligation |
Regulation of different types of contracts |
Conclusion of contracts |
Defective intensions |
Form of contracts |
Regulation of different types of contracts is formed specific types of contracts part of Code of Obligations
9.Soru
What is the main difference between a collective company and a commandite company?
Shareholders at a collective company have unlimited liability towards the creditors of the company but at a commandite company at least one of the shareholders has unlimited liability and at least one other shareholder has limited liability. |
A collective company is established by at least two individuals as partners but a commandite company is established by at least 5 individuals as partners. |
In a collective company shareholders can be either individuals or legal entities, but in a commandite company shareholders can only be legal entities. |
There is a minimum capital requirement for shareholders in a collective company but there is not a minimum capital requirement for shareholders in a commandite company. |
In a collective company a shareholder cannot transfer his/her shares without the consent of the other partners but in a commandite company the shareholders can transfer these shares like the shares in joint stock corporation. |
Pursuant to Article 304 TCC, a commandite company is a company which is established to operate a commercial enterprise under a trade name, where the liability of one or more shareholders are not limited against the creditors and where the liability of others is limited with the capital subscribed. According to Article 211 TCC, a collective company is a type of company which can be established only by persons (individuals) for the purposes of operating a commercial enterprise under a commercial title. Shareholders’ liability is joint and unlimited with all their property and this principle is an obligatory rule which the parties cannot agree otherwise.
10.Soru
What kind of person can not create a legal efect by his/her actions?
A person with discretion. |
A person with full capacity. |
A person with limited capacity. |
A person with full incapacity. |
A person with limited incapacity. |
The last group in capacity to act involves the persons of full incapacity. They are the ones who do not have discretion, who are not able to make fair judgements. They should be either under parental authority or guardianship. Their statutory representative represents them in their legal transactions. These persons cannot create a legal effect by their actions. If they enter into a transaction, this transaction shall be completely null and void.
11.Soru
Which of the following does the Constitution primarily NOT define?
The principal organs of the government. |
The supremacy of the President. |
The three powers; the legislative, executive and judicial powers. |
The main rights and obligations of the individuals and the State. |
The form and the ideology of the State. |
The Constitution does not define the supremacy of the President. Therefore the correct answer is B.
12.Soru
According to the Turkish Civil Code, which of the following can be a reason to acquire majority before the age 18?
being a student |
being recruited for the army |
having a disability |
running a business |
getting married |
A person attains majority with the completion of age 8. In two exceptional situations, persons may acquire majority before completing 18 years of age. First of all, marriage confers majority. 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 above mentioned circumstances, this person 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. However, to grant this decision there should be a valid ground for this application. The correct answer is E.
13.Soru
According to a civil lawyer's perspective which of the following is considered to be in the scope of business law?
Company law - competition law labor law |
Commercial law, labor law, fiscal law |
Commercial law, competition law, contract law |
Contract law, company law, labor law |
All of the above |
The scope of business law can be as extensive as covering contract law, commercial law, company law, competition law, labor law, fiscal law. Therefore the correct answer is E.
14.Soru
Which of the following is true about the unilateral contracts?
The parties are both under an obligation, but their obligation is not mutual, and in other words one obligation is not exchanged for the |
Only one of the parties is under the burden of fulfilling a consideration while the other party does not owe any consideration. |
There are mutual promises between the two parties and they involve an exchange of equivalent mutual obligations. |
Contract of agency and loan contracts can be given as examples. |
Sales contract, rental contract and employment contract can be given as examples. |
Only one of the parties is under the burden of fulfilling a consideration while the other party does not owe any consideration.
15.Soru
Which of the followings is not within the scope of business law?
Sale of goods. |
Consumer credit agreements. |
Labor relations. |
Carriage of goods. |
Extradition procedures. |
Business law touches everyday lives through every contractual relation. Contractual relations, as the cornerstone of all commercial transactions, have resulted in the development of specific bodies of law within the scope of business law regulating:
(1) sale of goods-i.e., implied terms and conditions, the effects of performance, and breach of such contracts and remedies available to the parties;
(2) the carriage of goods, including both national and international rules governing insurance, bills of lading, charter parties, and arbitrations;
(3) consumer credit agreements; and
(4) labor relations determining contractual rights and obligations between employers and employees and the regulation of trade unions.
Therefore, the correct option is E.
16.Soru
The contract entered by the parties establishing a company, which is legally binding and is required to be submitted to the Trade Registry by the founding partners at the establishment stage is called:
Company Law Directive. |
Shareholders Agreement. |
Legal Personality. |
Articles of Association. |
Statutory requirements. |
The parties (shareholders/partners) establishing the company enter into a contract titled “Articles of Association (AoA)”. Every company is required to have an AoA which is legally binding on the company and all of its shareholders and which can be regarded as its internal rules, prepared by the shareholders. The AoA cannot contain rules that are against the law. AoA of a company must be in a written form and should bear the signatures of all the shareholders, authenticated by the notary public.
17.Soru
If the debtor is obliged to refrain from doing something, the consideration is a ................
Which of the following is true to complete the sentence?
recurring consideration |
non-recurring consideration |
divisible consideration |
positive consideration |
negative consideration |
negative consideration
18.Soru
Which of the following is one of the essential requirements for a joint stock company?
Not under a written Articles of Association, |
Being established by at least three or more individual or legal entity partner(s), |
Being established by at least two partners whose liability is not limited with a ceratin amount of capital |
Being established with a capital certain and divided into shares |
Capital cannot be more than 50.000 TL |
In the light of the above, the essential requirements for a joint stock company can be listed as follows:
• establishment with a separate legal personality,
• for any economic purpose,
• with a trade name,
• under a written Articles of Association,
• whose capital is certain and divided into shares,
• by at least one or more individual or legal entity partner(s),
• with a liability limited with the subscribed capital,
• whose liability is not limited towards thecreditors of the Company and
• at least one partner whose liability islimited with certain amount of capital
• capital cannot belessthan 50.000TL and 100.000TL in joint stock corporations
where shares are traded publicly (wherethe minimum capital requirement can
be increased by the Ministry of Customs and Industry
19.Soru
Novation is one of the ways to discharge an obligation regulated in the Code of Obligations. Which of the following is true about novation?
The obligation is deemed to be discharged by merger where the capacities of creditor and debtor are united. |
It constitutes a new obligation in the place of an old one. The preexisting obligation is discharged and a new obligation is created. |
No particular form is required for the discharge of an obligation by agreement even if the obligation itself could not be assumed without satisfying a certain form requirement. |
It takes place only if the debtor notifies the creditor of his/her intention to exercise his/ her right to set-of. |
An obligation is deemed to be discharged where its performance is made impossible by circumstances not attributed to the debtor. |
It constitutes a new obligation in the place of an old one. The preexisting obligation is discharged and a new obligation is created.
20.Soru
Which of the following is the place where codes and statutes are enacted?
The Grand National Assembly |
The Presidential Palace |
The Ministry of Justice |
The Prime Minister |
The Supreme Court |
The Grand National Assembly is the place where the codes and statutes are enacted. Therefore the correct answer is A.
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