It is the branch of the law governing the relations between the people or the direct or indirect relations between the state and people that do not fall under the public law.
When we talk about the private law, the first thing that comes to mind is the Civil Law. It is based on the Civil Code No. 4721, dated 2002 and the Law of Obligations No. 818, dated 1926. The Civil Law is separated into the Family Law, Heritage Law, Property Law and Law of Obligations. The separation of the Civil Law from the Law of Obligations is because of the fact that while the civil law was being prepared, the law of obligations in Switzerland was not yet prepared.
The preamble of the Turkish Civil Code starts with general principles: the law is applied fully and thoroughly. If there is no applicable provision in the law, the judge decides according to the customary law and if this is impossible, he decides as if he was a lawmaker. The law works based on the principles of trust and honesty. The law does not guarantee the abuse of the rights. Not knowing a right relation may be construed as a goodwill but knowing a shortcoming preventing the exercise of a right is a bad intention. There is no need to prove good intentions (good intentions). The judge has a discretionary authority and uses it fairly. Everyone is obliged to prove their claim.
The basic principles of civil law are:
- Principles of goodwill, abuse of right and righteousness,
- Judge's discretion,
- Application of the general rules of obligations,
- Proof rules,
- Natural persons,
- beginning and end of personality,
- capacity to have rights,
- responsibility for one’s actions,
- Protection of personality rights,
- Legal entities.
Entities (associations) or communities (foundations) that are organized with an independent and distinct personality in order to realize a common and continuous aim are called legal entities (TCL 47).
The ones mentioned in the law are:
- Public Legal Entities
- Private Legal Entities