1. WHAT IS A RENT DETERMINATION LAWSUIT? The lease agreement is a typical and consensual contract that gives rise to an obligation specifically regulated in Article 299 of the Turkish Code of Obligations. Article 299 of the Turkish Code of Obligations: “A lease agreement is a contract in which the lessor undertakes to leave the…
INTRODUCTION When the history of the crime of embezzlement is considered, it is feasible to discuss a process that dates back to the Roman Empire. The fact that the stolen goods belonged to the government or God was a requirement for the crime of embezzlement, which was then seen as a form of theft. In…
I. INTRODUCTION (WHAT IS EVACUATION DUE TO NEED?) The words “need” and “evacuation” have entered our Turkish language from Arabic. According to the Turkish Language Association, ‘İhtiyaç’ means “need” and ‘tahliye’ means “evacuation”. With the Turkish Code of Obligations No. 6098, which entered into force on 01.07.2012, a special regulation has been made for housing…
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…
