01 Oct MUTUAL CHARACTERISTICS OF PUBLIC AND PRIVATE LAW IN TURKISH LAW
1- As a Rule: When examining Public Law, the “state” of the parties is held in a superior position. From this it can be deciphered that public law is superior to private law, and in private law there is a principle of equality between persons.
2- In terms of Ordering: Public law is mandatory. The parties cannot decide the opposite. In private law, some of them are mandatory, but most of them are not mandatory rules, and the parties can decide otherwise.
3- Public Interest and Private Interest: The purpose of public law is the public interest. In private law, there is no such condition. Its basis is to protect the private interests of people, in fact, this also benefits the public interest.
4- One-Sidedness Two-Sidedness: Administrative contracts aside, public law contracts are one-sided. A contract is formed by the will of a public person. In private law, no one can force them to accept their will, there are mutual and bilateral declarations of will. This is also called the principle of freedom of will.
5- Enforcement: Decisions of public law are executive decisions. Public law authorities carry out transactions directly.
6- Presumption of Compliance with the Law: As a rule, there is a presumption of compliance with the law in public law. It is assumed to be in accordance with the law until it is canceled. In private law, what is illegal and what is appropriate depends on the court.
7- Re’sen Application: The rules of public law are the rules applied from re. The authorities implement the decisions without the need for a request. In private law, there is no re’sen application.(there may be exceptions)
8- The Court in Charge: In the Turkish legal system, private law cases are considered in the courts of the judicial judiciary. These are the courts of first instance and magistrates.
In public law, if it is in the administrative field, the administrative courts and the Council of State look at it. Tax disputes are also handled by the tax courts located here. Criminal law is looked at by criminal courts that make judicial judgments.
9- Development: Public law has only just begun to develop compared to private law, except for criminal law. Therefore, it can be considered more advanced than private law. It is a developing law. Private law is a law that has shown and demonstrates great developments.
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