1. DEFINITION OF BARTER CONTRACT While it was regulated as a barter contract in the abrogated Code of Obligations No. 818, the Code of Obligations No. 6098, which entered into force later, changed the barter contract to a contract for the exchange of goods. The reason for this change is not explained in the preamble…
INTRODUCTION Freedom of contract can be briefly defined as the freedom of the parties to contract as they wish. “Everyone has the freedom to work and to conclude a contract in any field they wish. Private entrepreneurs are free to establish.” according to article 48 of the Constitution of the Republic of Turkey. On the…
1.WHAT IS AN EVICTION UNDERTAKING? Written eviction undertaking is regulated in paragraph 1 of Article 352 of the Turkish Code of Obligations No. 6098. According to this provision, if the lessee has stated in writing that he/she will evacuate the leased property on a certain date, but has not evacuated the real property on this…
Classic Roman Law bases the sources of liability on two main pillars. One of these pillars is the contract liability, whereas the other is tort liability (liability which occurs due to unrighteous/tortious actions). Jhering, in his article which he wrote in 1861 titled “Error in Unestablished and Invalid Contracts/Culpa in Contrehendo,” tried to draw attention…
