Head of Department: Assoc. Prof. Dr. Tayfun ERCAN
Deputy Head of Department: Dr. Lecturer Hakan CİNDEMİR
The rules of law that regulate the relations between persons with equal rights are called Private Law. In other words, the area of law regulating the relations between members of the society who have equal rights with each other is called Private Law. In this respect, the distinguishing factor is not the nature of the parties, but the fact that the relationship between the parties is based on the principle of equality instead of subordination. In private law, which regulates the relations between individuals, the intervention of the state is embodied in the form of introducing regulatory rules and sanctioning them. In other words, in terms of contractual relations, legal entities of the state and public institutions are subject to private law like individuals.
The basic principle in private law is the principle of freedom, not restriction. In private law, the powers granted to a person by the legal order are called rights. The use or non-use of the right is left to the person. A person may exercise his/her right directly or by disposition. Those who can not exercise their rights through a representative or guardian. Within the framework of private law, for a right to be protected by the legal order, that right must be compatible with honesty. Otherwise, the legal order does not protect the abuse of a right. People acquire the capacity of rights at birth and are called persons. Personality is the basic concept of private law and everyone is equal in terms of capacity of rights.