Summary
Highlights
Introduction to Legal Gaps00:00:13
An introduction to the concept of legal gaps in the Turkish legal system, emphasizing why this topic frequently appears in exams and how to master it.
Types of Legal Gaps: Kanun ve Hukuk Boşluğu00:02:11
Explaining the foundational difference between a 'statutory gap' (kanunda boşluk) and a 'legal gap' (hukuk boşluğu) and the judge's obligation to resolve cases despite these gaps.
Kural İçi (Statutory) Gaps00:05:33
Focusing on kural içi (hüküm içi) gaps, which are knowingly left by the legislature to allow judges to use their discretionary power (takdir yetkisi) for fair judgments.
Kural Dışı (Non-Statutory) Gaps00:09:12
Explaining kural dışı gaps, which arise unintentionally due to negligence, technological advancements, or changes in law. These are split into 'real' (gerçek) and 'unreal' (gerçek olmayan) gaps.
Resolving Statutory Gaps00:15:29
Detailing how a judge proceeds when encountering a statutory gap, using custom and tradition (örf ve adet), and what happens if those sources also fail.
Hukuk Boşluğu and Creating Law00:17:25
Defining 'hukuk boşluğu' (complete absence of regulation in written and unwritten sources) and the judge's role in creating a rule (hukuk yaratma) to resolve the case.
Exam Strategies and Summary00:26:18
Final tips on avoiding common mistakes in exams, handling terminology, and using visual cues like post-its to summarize the differences between gap types.