Reciprocal Characteristics Of Public And Private Law In Turkish Law
1- As Supremacy: When analyzing Public Law, “the state” is held in a superior position. This means that public law is superior to private law, whereas private law is based on equality between individuals.
2- In terms of Imperative: Public law is mandatory. The parties cannot agree otherwise. In private law, although some of them are mandatory, most of them are not mandatory rules and the parties may agree otherwise.
3- Public Interest and Private Interest: The purpose of public law is the public interest. There is no such condition in private law. Its basis is to protect the private interests of individuals, which in fact benefits the public interest.
4- Unilateralism and Bilateralism: Aside from administrative contracts, public law contracts are unilateral. The contract is formed by the will of the public person. In private law, on the other hand, no one can impose their will by force, there are mutual and bilateral declarations of will. This is called the principle of freedom of will.
5- Enforceability: Public law decisions are executive decisions. Public law authorities directly execute the transactions.
6- Presumption of Lawfulness: As a rule, there is a presumption of legality in public law. It is presumed to be lawful until it is annulled. In private law, what is unlawful and what is lawful depends on the court.
7- Ex officio Application: Public law rules are ex officio rules. Authorities implement decisions without the need for a request. In private law, there is no ex officio application (there may be exceptions).
8- Competent Court: In the Turkish legal system, private law cases are heard by the courts of the judicial jurisdiction. These are courts of first instance and courts of peace.
In public law, administrative courts and the Council of State handle administrative cases. Tax disputes are also handled by the tax courts located here. Criminal law is handled by the criminal courts in the judicial jurisdiction.
9- Sophistication: Compared to private law, public law has only recently started to develop, except for criminal law. For this reason, its development can be considered behind compared to private law. It is a developing law. Private law, on the other hand, is a law that has made and is making great progress.
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