Business Law Final 6. Deneme Sınavı
Toplam 20 Soru1.Soru
Which of the following is regulated as one of insured persons?
Village and district headmen and independent workers |
The spouse of the employer who works in the establishment without pay |
Work performed within the household and among relatives up to third degree kinship without any third-party participation |
Domestic workers; except those who are insured pursuant to additional article 9/II |
Persons performing their military service as privates and the students of reserve officer |
According to article 4/I there are three groups that are categorized as “insured
persons” and are within the coverage of both the short-term and the long-term social insurance schemes:
• Persons working for one or more employers under an employment contract (Article 4/I(a))
• Village and district headmen and independent workers (Article 4/I(b))
• Public servants (Article 4/I(c))
2.Soru
Which is the party who is entitled to request the consideration element of an obligation?
Merchant |
Commercial enterprise |
Creditor |
Debtor |
Consideration |
Creditor is the party who is entitled the request the consideration element of an obligation.
3.Soru
Which of the following is defined as “real or legal persons or institutions and organizations without legal personalities that employ employees.” in article 2/I of the Turkish Labour Act No. 4857?
Employee |
Employer |
Employer’s Representative |
Subcontractor |
Establishment |
Employer is defined in article 2/I of the Turkish Labour Act No. 4857 as “real or legal
persons or institutions and organizations without legal personalities that employ employees.”
4.Soru
Which of the followings is the binding characteristic among the advantages of arbitration?
Neutrality. |
Flexibility. |
Confidentiality. |
Expedition. |
Enforcement. |
Enforcement: At the end of the arbitration, the arbitral tribunal will issue its decision in the form of an award. The outcome of the arbitral process will be a binding decision and not just a recommendation that the parties are free to accept or reject as they please. In its international enforceability, an award also differs from the court judgment, since the international treaties that govern the enforcement of an arbitral award have much greater international acceptance than do treaties for the reciprocal enforcement of judgments. Therefore, the correct option is E.
5.Soru
The principle of separability implies that:
The arbitration agreement must clearly indicate the parties’ consent to submit to arbitration certain disputes which have arisen or which may arise between them in respect of a defined legal relationship. |
It is required that the subject matter of the dispute can be validly submitted to arbitration. |
The parties to an arbitration must be capable of entering into an arbitration agreement in the name and on behalf of another person or entity. |
The validity of the main contract and the validity of the arbitration clause are distinct from each other. |
An arbitration agreement vests the arbitrators with the necessary power to resolve those disputes that the parties agreed to entrust to the arbitral tribunal. |
The validity of the main contract and the validity of the arbitration clause are distinct from each other. In other words, the invalidity of the main contract does not automatically mean that the arbitration clause is also invalid. This is called the principle of separability.
6.Soru
".......is a general, repetitious and de facto provision of an interest to the employees unilaterally by the employer creating an objective expectation on the part of the employees to repeat. " which of the following fills in the blank correctly?
Constitution |
Statute |
Establishment Practice |
By-Law |
Collective Labour Agreement |
An establishment practice is a general, repetitious and de facto provision of an interest to the employees unilaterally by the employer creating an objective expectation on the part of the employees to repeat.
7.Soru
Which of the following institutions is the highest tribunal of administrative jurisdiction?
Court of Cassation |
Court of Accounts |
Ministry of Justice |
Constitutional Court |
The Council of State |
The Council of State is the highest tribunal of administrative jurisdiction, with the power to review the decisions and judgments of all administrative courts. The Council of State is a supreme court established as a court of last resort to conduct the appellate review of the decisions given by the courts of the administrative judiciary and to make decisions on certain administrative issues
as the final decision making authority.
8.Soru
Which of the following is one of the branches of fiscal law?
Public revenue law |
Criminal law |
Civil law |
Common law |
Statuate law |
Fiscal law consists of two branches: public revenue law and public expenditure law.
9.Soru
Which of the followings is correct regarding mediation process in civil law disputes?
It is a compulsory process. |
Parties have to refer to mediation by the request of one party. |
Parties may not refer to mediation while the court proceedings are pending. |
Parties may not refer to mediation for all kinds of disputes. |
A prior written mediation agreement is binding regardless of either parties wishes. |
In many jurisdictions, mediation is a voluntary process. Therefore, the parties may not refer to or be forced to refer to mediation unless both of the parties wish so. The parties may mutually decide upon referring to mediation after a dispute has arisen between them, even while the court proceedings are pending; or they may enact a mediation agreement for a potential dispute that might arise, in the future, in connection with an existing legal relation between them. In practice, usually a prior mediation agreement exists as a part of a main contract between the parties, in order to enable those parties to resort to mediation in case of a dispute that might arise out of that contract. However, despite a prior written mediation agreement, the parties may always refer to courts. There is no legal consequence of referring to the court before trying mediation despite the existence of a mediation agreement. In other words, a prior mediation agreement is not binding upon the parties; there is no legal way to force an unwilling party to refer to or continue mediation. It is not possible for the parties to refer to mediation for all kinds of disputes. According to Article 1/2 of the Mediation Law, only private law disputes arising out of matters that the parties may freely dispose of, including those that carry a foreign element, can be subject to mediation. Therefore, the disputes arising out of subject matters related with public policy can not be referred to mediation. For example, spouses may not refer to mediation for divorce; or disputes concerning affiliation of a child to one of his/her parents may not be subject to mediation. Therefore, the correct option is D.
10.Soru
The proportion of income, spending or asset value that is taxed is called:
The proportion of income, spending or asset value that is taxed is called:
Tax base. |
Tax rate. |
Tax object. |
Taxable event. |
Tax exemption. |
Tax rate is defined as the proportion of income, spending or asset value that is taxed. It is generally expressed as a percentage of the value of income or property to be paid as a tax.
11.Soru
Which of the following is defined as the total income of the government and the other public authorities from all sources?
Public revenue |
Public expenditure |
Gross Domestic Product |
Trade Deficit |
Balance of trade |
Public revenue is defined as the total income of the government and the other public authorities from all sources.
12.Soru
The principle of “the legality of taxation” implies that:
Tax law is concerned only with legal aspects of taxation, not with the its financial, economic or other aspects. |
The power to impose taxes is neither an unlimited nor an arbitrary power. |
Taxation may be employed both to provide funds and for purposes of regulation or control. |
Levying or imposition of any tax or other fiscal duty must depend on a legislative act. |
Taxation is an inherent power of the sovereign. |
In article 73 of Turkish Constitution 1982, the principle of legality of taxation is clearly stated with the following provision: “Taxes,fees, duties, and other such financial obligations shall be imposed, amended, or revoked by law”. So levying or imposition of the tax (taxation) must depend on a legislative act.
13.Soru
Which of the following is not one of the elements that an individual’s income may consist of?
Business profits |
Income whose source is not known |
Agricultural profits |
Salaries and wages |
Income from immovable property and rights |
An individual’s income may consist of one or more income elements listed below:
1. Business profits: The profit arising from commercial or industrial activities.
2. Agricultural profits: The income derived from agricultural activities.
3. Salaries and wages: The income derived from dependent personal services
4. Income from independent professional services: The income derived from any
activity performed by a person who is selfemployed, and based on professional and scientific expertise rather than capital.
5. Income from immovable property and rights: The income derived especially from the rental of real property, which includes land buildings, and permanent leasehold rights as well as letting of some goods such as ships, boats, aircraft and other types of transportation vehicles, which are also regarded as immovable property in the application of the PIT Law, and earnings derived from the letting of copyrights by people other than the author himself or his legal heirs
6. Income from capital investment: The interest or dividend income and other
profits derived from capital in cash or capital in kind.
7. Other income and earnings without considering the source of income: capital
gains and non-recurring income
14.Soru
I. Charges to be made for the applications,
II. Both attorneys' fees,
III. Notification expenses,
IV. Fees of the arbitrators.
Which of the expenses listed above is included within the arbitration procedures?
I ,II & III. |
II, III & IV. |
I, III & IV. |
I, II & IV. |
II & III. |
The arbitral tribunal shall state the costs of arbitration in its arbitral award. The costs comprise of:
1. the fees of the arbitrators;
2. the arbitrators’ travel and other expenses;
3. the fees paid to the experts, and to the other persons whose assistance is sought and who are, collectively, appointed by the arbitral tribunal, and the costs for the site inspection;
4. the witnesses’ travel and other expenses to the extent approved by the arbitral tribunal;
5. if he/she is represented by a lawyer, the successful party’s attorney fees;
6. the charges to be made for the applications, when necessary, to the courts;
7. the notification expenses with respect to the arbitral proceedings
Therefore, the correct option is C.
15.Soru
................ is defined as the total income of the government and the other public authorities from all sources. It is an
important tool of the fiscal policy of the government and is the opposite factor of government spending.
Which of the following completes the sentence correctly?
Public revenue |
Public expenditure |
Fiscal law |
Tax law |
Administrative law |
Governments need to perform different functions in the field of political, social and economic activities to maximise social and economic welfare. In order to perform such duties and functions, the government requires a large number of resources. These resources are called as public revenues.
16.Soru
Which of the followings is one of the duties of Council of Judges and Prosecutors?
Appointing members of the Constitutional Court. |
Allocation of powers. |
Inspection of judges. |
Admission of judges and public prosecutors into the profession. |
Prosecution of the members of the Court of Cassation. |
The functions of the Council of Judges and Public Prosecutors are listed below:
• to appoint members of the Court of Cassation, Council of State and Court of Jurisdictional Disputes
• to take final decisions on proposals by the Ministry of Justice concerning the abolition of a court or an office of judge or public prosecutor, or changes in the jurisdiction of a court
• admission of judges and public prosecutors into the profession
• appointments, transfers to other posts, the delegation of temporary powers,
• promotion and allocation of posts,
• decisions concerning those whose continuation in the profession is found to be unsuitable,
• the imposition of disciplinary sanction,
• removal from office.
Therefore, the correct option is D.
17.Soru
Which of the following is not true for taxable events?
Taxable event is any event or transaction that results in a tax consequence for the party who executes the event. |
Taxable events generally result in the tax liability of the relevant person. |
Taxable event in corporations tax is the obtainment of corporate profits. |
The registration of the relevant motor vehicles in the traffic is a taxable event. |
Taxable event is defined as the measure upon which the assessment or determination of tax liability is based. |
Tax base is defined as the measure upon which the assessment or determination of tax liability is based.
18.Soru
Which of the following pairs is given correctly?
Labour Act No. 4857 |
Maritime Labour Act No. 857 |
Press and Media Labour Act No. 5955 |
Code of Obligations No. 6093 |
Labour Act No. 4858 |
As previously examined, there are four statutes that directly govern individual employment relationships, namely the Labour Act No. 4857, Maritime Labour Act No. 854, Press and Media Labour Act No. 5953 and Code of Obligations No. 6098.
19.Soru
What is ad hoc arbitration?
It is the arbitration made when parties have selected their institution. |
It is the arbitration made when the institution is appointed according the international trade rules. |
It is the arbitration made when parties are silent and have not selected an institutional arbitration. |
It is the arbitration made when the national law of both parties force them for arbitration. |
It is the arbitration made when the rules for the arbitration are set forth in advance in a contract. |
When parties are silent and have not selected an institutional arbitration, the arbitration will be ad hoc. While agreeing on ad hoc arbitration, the parties may agree on the arrangements for initiating the procedure, selecting the arbitrators, determining the procedural rules etc. Ad hoc arbitration is generally favored where the parties are unable to agree on the arbitration. When parties have opposing views as to which institution to choose, ad hoc arbitration is often the compromise. Another advantage of ad hoc arbitration is that it can be less expensive than institutional arbitration because fees of some institutions are very high.
20.Soru
In the mediation in labor law disputes, what is the maximum period which the mediator has to finalize the submission to mediation, including the time extension?
3 weeks. |
4 weeks. |
5 weeks. |
6 weeks. |
2 months. |
The mediator shall finalize the submission to mediation within three weeks following his/her appointment. He/she may extend this period only for an additional one week if necessary. Therefore, the correct option is B.
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