The sprawling of legal rules that organize the rights of individuals or institutions, their obligations and relationships had caused a demand for a legal consultancy service which is specialized on these subjects. The purpose of the legal consultancy service is to protect the person who receives the service from damage, legally. Accordingly, we can mention about a binary discrimination based on damage.
- Preventive consultant service which ensures getting procedures of individuals or institutions done properly to the provisions of law before legal damage.
- Corrective consultant service which ensures abolishing damage to the utmost after legal damage.
Moreover, we can classify legal consultant services according to the personality of the person who receives the service.
With the present situation of technology, the internet has become an alternative reality in itself. As a result, this reality was required to be subject to the certain rules and so, the field we called as IT (informatics) Law has emerged.
The set of rules people physically held in has had to be adapted to the virtual world. Likewise, the factor that lies at the basis of this reality is human beings. The ability to do a part of things, what we can do physically, in virtual realm has brought the necessity of filling the gap in here with it. In this sense, the purpose of securing justice, which is the most important and sole purpose of the law, in terms of activities executed in virtual world has been tried to compose under the title of Cyber – IT Law.
The number of activities that can be implemented in virtual world is increasing every day. So, it can be said that human mind is not acquainted with the potential of diversity in these activities. For this reason, with every new situation, the law must also be adapted to these situations. The process of diversification of mentioned activities decrease day by day. However, considering that the adaptation of law is also depend on it, the informatics law, compared to other fields, is a field which has the consequences of new situations that are more dynamic and happened in shorter times.
DIVORCE AND FAMILY LAW
The family is the main and most essential unit of society. However, as is the case with many subjects, the growth of family-related conflicts has resulted in the adoption of specific regulations on this subject known as Divorce and Family Law, in recognition of the family’s value to society.
Surely, the dynamics that determine the structure of a society, its mass action and way of thinking occur in families form the society and spread to the whole. Family what can also be defined as an organism that has multi-component mixtures is the smallest unit form the society. If we think that legal rules organize the life of society, it is natural for law to give much importance to the rules related the smallest unit of society. That not to expose damage both for society and individuals who form the family was considered when these rules were created. While the benefits of healthy family life are obvious in terms of family members and the society, this not to expose any damage is also important for them in case of the absence of family unit. For that reason, in case of existence of any conflictions related to Divorce and Family Law, there is a need to apply an expert lawyer on this issue in order to resolve this confliction in the fairest and healthiest way on behalf of all parties.
We refer to the branch of law that governs the activities classified as illegal in the legal system and the sanctions associated with them as Criminal Law. While Criminal Law is concerned with crimes and the consequences that should be imposed to them in a restricted sense, it also involves criminal procedures and enforcement.
Criminal Law has emerged with the communities that people have created together with the need for each other in early ages. While there was the practice of punishing behaviors that harmed the community with sanctions the leader imposed arbitrarily during these periods, the state which has taken the authority with the emergence of states has had the power to punish. As a result of the establishment of the idea of the determination of the crimes and punishments by the legislative acts in Roman law, the acts of legalization have come to fruition also with the influence of philosophical considerations in this regard and recent ideas about Criminal Law has begun to take shape. Accordingly, based on historical development in this field, there has been an orientation towards objective, general and abstract rules from practices that vary according to the individual and the situation.
CORPORATE AND COMMERCIAL LAW
Economic activities are a key component of modern people’s life. The area of law is referred to as commercial law, and it is one of the most critical issues in economic activity conducted via commerce. Since ancient times, some permanent activities have been responsible for meeting the necessities of people in order to preserve their lives. Today, similar activities have extended to a variety of other locations. One of them is trade, which may have the broadest impact on economic activity. If we must define commerce, we might define it as the equal exchange of things and their associated values over the time from production to consumption. Trade-related issues have been regulated separately due to their importance and prominence in economic life. Although this is the primary source for determining the rules governing these subjects and resolving difficulties, additional rules are necessary. The TURKISH CODE OF OBLIGATIONS is the primary source in this regard. Additionally, common laws and other private sources may determine the scope of application in the event of contact with other areas.
REAL ESTATE LAW
Property Law is concerned with estates and portables over which people and entities may exercise property rights. We refer to the area of law in which there are regulations governing estates as Real Estate Law.
Even if there are classifications according to other criteria among goods that are the subject of property, the basic division is on portability of goods. The reason for that is the obligation of both protecting rights on portables or estates legally and that supplying varies as the quality of goods. For example, it is possible to take an item that is light and valuable, and so, the form of legal protection for this item is arranged according to this feature of good. However, it is not possible take a building from one place to another and so, the legal protection of rights on this building is arranged in accordance with this quality.
The goods composing the subject of Real Estate Law in Turkey, that is, estates are the property like land, territory and independent section (building, flat, office, house, villa, and factory). As this property, livelihood activities, can be used to meet required needs of people to maintain their lives, they can also be used for investment purposes. For example, living with farming activities on a land, meeting the need of housing on an independent section or making profit by buying an estate that is expected to increase in value recently while its value is law, etc.
INTELLECTUAL PROPERTY LAW
The benefits of technology have made it very simple for individuals to engage with one another by overcoming obstacles such as distance, language, and culture. As a consequence, the period of invention has diminished in both artistic, scientific, and commercial, economic fields. However, diversity has risen in these professions. In this respect, the necessity for protection of things with a particular value that are the result of intellectual thought has developed, and the regulations governing this subject have been gathered under the heading of Intellectual Property Law.
Intellectual Property Law, as its name implies, includes property rights. When we think of property rights, the first thing occurs in our mind is the right designed for material things in substantive law. However, property rights under Intellectual Law show some differences compared to those rights. First of them is that the elements which do not have abstract and corporal existence compose the subject of Intellectual Property rights in contrast with that the items which have concrete existence compose the subject of property rights in substantive law. Secondly, in spite of people can save the right on substantive property, as they wished, throughout their lives without any limits for the time span, the right on Intellectual Property, which has a time span, expire if the right is not renewed within the time specified in the law. As a third difference, contrary to the substantive property right, intellectual property right is protected according to the rules of the country in which protection is required.
As the elements acquired on the subject, Intellectual Property Law is examined under two separate topics. The first of them is Copyright. The copyright refers to the property of people on intellectual and artistic works uncovered by their intellectual efforts. This right is embodied by introduction of the work without the need of any application. The second topic is Industrial Property Rights. There are references under this topic such as the trademark is used to distinguish commercial products from other products, the patent includes an equipment or technology that is as an innovation or can be used in industry to the property of its manufacturer, and the industrial design makes the features which will provide separation from similar products in terms of shape and appearance to be belong to its manufacturer.
Conductor in order to avoid economic harm and, thereby, social harm. Taking these facts into consideration, we refer to the branch of law that contains the regulations governing work relations as Labour Law.
With the yields of Industrial Revolution, the arising of conductors who intend to make conditions of workers worse as a solution to the competition have caused big problems especially for the workers and a need for correcting this situation has come up with. In accordance with mentality of the liberal state that is demanded much in this time, the state has not taken care of economy and has aimed to make open competition environment. However, this situation has made big disadvantages for workers. As a result of all of these, social state mentality has come up. According to this mentality, the state should not have been an institution which do not care anything or watch the frustration of people who are in difficult situation against the mercilessness of competition environment but should have been an institution which aims to make every individual to have a minimum living standard. Here, the idea of protecting workers arising with that mentality has come to evolve to the present day and since the party who has the power in the worker-conductor relations is conductor, Labour Law that arrange the protected rights of workers has arisen.
Foreigners are defined as individuals who reside in a nation but are not citizens of that country, and the collection of regulations that govern these individuals’ basic rights and liberties constitute the field of law known as Foreigners Law.
That the conversion of states to the machine of gathering unfair power and exploiting people has brought about the idea of which limiting the fundamental rights of freedoms belong to each individual by state. In accordance with the modern mentality, the state, come up with the developing of this idea, is an institution to which authority has been endowed in return for protection of fundamental rights and liberties of people who are members of this state. According that, the relation between state and citizen is based on reciprocity principle. Even philosophers, who contributed to the developing of this idea, have called this as social contract. However, this situation has not been a remedy to the relationship between the state and people who lives in the country even if they are not a member of it.
The developing of rules which compose the field of Foreigners Lawhas continued until afterward of world wars and certain practices which were ambiguous before and not amenable to any of inspection have been made as a rule with the signing of social contract. Accordingly, fundamental rights of freedoms that are belong to individuals have been tried to be universal and independent from state’s factor by eliminating them from being rules that are in state itself and vested by its initiative. For this reason, international organizations which are depend on international agreements have been established and have undertaken the inspection duty of rules that compose the context of these agreements. In this vein, also this capability of state of which can decide for its own sake in internal sovereignty of foreigners has been restricted by international agreements. Todays, the states need to make their law systems to be suitable for the international agreements on the issue of foreigners.