Summary
Highlights
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.
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.
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.
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.
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.
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.
Final tips on avoiding common mistakes in exams, handling terminology, and using visual cues like post-its to summarize the differences between gap types.