law of persons Flashcards
person
non person
subject of rights
object of rights
A. legal capacity
the capacity to be subject to legal rights all persons have legal capacity
beginning of personality = birth (separation aliveness)
retroactive effect(conception)
end of personality = death
presumption of death (plane crash)
declaration of death by court (no new for 5 years, or no new is danger for 1 year)
capacity to act
to have full capacity : capable of judgment, to be of age, no guardianship
full incapacity = NO COJ
limited = COJ + NO OA or NO UG
protection of personality
name, picture, bodily integrity, reputation, private life
when ok to infiregt:
consent
public interest
private interest
authorization by law
self defense
properties of personality right
absolute
inallienable
not inaliable
turkish constutional court
individual apllication: fundemental right by the constitution, can be applied by anyone who is şn the context of European convention on human rights
exhaustion of remedies: anyone who claims her constutionaş right was violated in first required to use other administrative and jusical mechanism
europen cpourt of human rights
judges= as number of states of the council of Europe that have ratified the convention. they are independent of ounrty