In the legal order, persons are divided into two as real persons
and legal persons. Each individual gains personality and has legal
capacity provided that the person is born full and alive. Legal
capacity is the ability of a person to hold and exercise rights and
duties. Pursuant to the Turkish Civil Code No. 4721, Article 8,
"Every human being has the capacity to have rights. According
to this, all human beings are equal in being capable of rights and
obligations within the boundaries of the legal order. "
Therefore, as a legal term, person means the entity that can have
rights. Based on this, the concept of personal rights has emerged.
Personal rights, on the other hand, are absolute rights that aim to
protect the basic values that individuals have and are protected at
national and international level as they are fundamental human
rights. Therefore, they are inalienable and indefeasible
rights.
