Summary
Highlights
An overview of Civil Law, distinguishing between natural persons (individuals) and legal entities. It highlights that legal personality begins with full and live birth, and clarifies common confusion with the concept of 'right capacity' (hak ehliyeti) which starts from conception.
Explanation of how legal personality ends. It discusses the legal consequences of death, such as automatic termination of marriage and transfer of inheritance, and introduces 'Death Presumption,' where the local authority can declare a missing person dead if there is a certain risk of death but no body is found.
Covers the 'Simultaneous Death Presumption' (birlikte ölüm karinesi), where if it's impossible to determine who died first among multiple people, they are legally considered to have died at the same time, preventing the transfer of inheritance between them.
Explores the court-ordered status of disappearance (gaiplik). It distinguishes this from death, noting it happens in cases of prolonged absence or high probability of death risks, and explains the legal processes, time limits for filing, and the protection of inheritance via security deposits.
Defines a legal presumption (karine) as reaching unknown conclusions from known facts. It categorizes them into ordinary (rebuttable) and conclusive (non-rebuttable) presumptions, providing specific examples like maternity and laws known to all as conclusive.