Action (dava) is a legal remedy sought from the court by the person of a right that is claimed to be harmed, against the person who is claimed to have harmed the mentioned right.

There are three types of actions according to the legal remedy sought:

(1) Actions for performance (eda davaları)
(2) Declaratory actions (tespit davaları)
(3) Constructive actions (inşai davalar)

Any claim to be filed as action in the court must fall under one of these three categories.

Action for performance is an action in which the court is requested to sentence the defendant to
give or perform, or avoid from doing something (art. 105).

With declaratory action, the court is requested to determine the existence or nonexistence
of a right or a legal relationship, or whether a document is forged or not (art. 106).

With constructive action, the court is requested to create a new legal status, or modify the
substance of an existing legal status or terminate it. (art. 108).

Article 50 of the CoCP defines the capacity to be a party and makes referral to the Turkish Civil Code. According to the provision, any person who has the capacity to possess civil rights, also has the capacity to be a party in an action. According to articles 8 and 28 of the Turkish Civil Code, every person has the right to possess civil rights.

The principle of minimal intervention foresees that law should not criminalize too much behaviour. Therefore, the correct option is C.

An obligation has three elements:

Creditor: Creditor is the party who is entitled to request the consideration. In a donation contract, the parties are named as the donor and the donee. Donee is the creditor. Whereas in a sales contract, the parties are named as the seller and the buyer and both of them are creditors, since sales contract is a contract in which both of the parties are under a burden of a consideration. The “seller” is under the liability of delivering the sold goods to buyer, the “buyer” is liable to pay agreed price to seller, in return.

Debtor: Debtor is the party who is bound to perform a certain act given as consideration. In a donation contract, the donor is the debtor, whereas in a sales contract both the seller and buyer are debtors.

Consideration: Consideration is an act, which the debtor is obliged to perform as the content of her obligation. It may be an act of giving something, like in sales contracts, giving the good and giving the payment in return. It may be an act of doing something, like in employment contract-employees cleaning the building, or it may be an act of refraining from doing something, like in an agreement of restraint of trade.

Thus, in a sales contract, both the buyer and the seller are the creditors and also the debtors.

If time requirement is determined in terms of weeks, months or years, time expires at the end of the workday of the corresponding day of the last week, the last month or the last year to the day the time has started. If a corresponding day does not exist in the month that the time requirement expires, it expires at the end of the last workday of that month.

Weekends and official holidays are included in time requirements. However, if the last day of the time requirement corresponds to an official holiday (or the weekend), time expires at the end of first workday following the holiday.

Turkish Commercial Law s composed of six books each of which regulate specific areas in the law. Therefore, the correct option is A.

Rehabilitation is a form of punishment where the society seeks to prevent a criminal from committing other crimes by forcing that person to undergo training, psychological counseling, or some form of moral or social education as to the need for law-abiding patterns of behavior. If successful, rehabilitation will allow the individual to reenter society as a productive human being.

The correct answer is C. 

The grounds for divorce are mainly two types: Specific grounds and general ground. According to the Civil Code, there are five specific grounds for divorce:

1)Adultery;
2)Plots against life, grave assaults and insults
3)Crime and dishonorable life
4)Desertion
5)Mental illness

The general ground for divorce is regulated in article 166 of the Civil Code and it is named as the
irretrievable breakdown of the marriage. When the marital life becomes unbearable and it no longer could be expected from the spouses to continue their marital life together, this action could be brought by one of the spouses. 

Fault is either a willful act or a negligent act.

Military courts are not civil courts. Therefore, the correct option is E.

Commercial law generally focuses on commercial transactions. The scope and extent
of commercial law is vast. In some jurisdictions commercial law is partly considered within the
scope of law and economics. Nevertheless, commercial law is based on freedom of contract
whereas in law of economics, the state, based on public interest arguments may interfere with
commercial, industrial or financial relations.

Most civil wrongs are classified as breaches of contract or torts. A breach of contract occurs when a party to a contract violates the terms of the agreement. A tort, on the other hand, is a wrongful act that does not violate any enforceable agreement, but nevertheless violates a legal right of the injured party. Common examples of torts include wrongful death, intentional or negligent infliction of personal injury, wrongful destruction of property, trespass, and defamation of character.

A crime normally entails intentional conduct; thus, a driver whose car accidentally hits and kills another person would not necessarily be guilty of a crime, depending on the circumstances. 

A legal transaction is a declaration of intention to which the legal order binds legal effects. In unilateral legal transactions there is only one intention declared. The legal rules recognise binding effect only to this single declaration of intention. The best example to that is a will.

The correct answer is D.

Being a real party in interest is the possession of the substantive right associated with the claim. Since the right to litigate is an inseparable aspect of
the substantive right itself, only the real parties in interest must be the parties in litigation.