Master'sOpen Access

Provisions of prescription according to Turkish Code of Obligations

2019
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Advisor: Dr. Öğr. Üyesi Hatice Tolunay Ozanemre Yayla

Abstract (EN)

As a term which can be observed in a detailed manner in Roman Law, prescription goes back as far as the time period of Hammurabi's Code and it shows us the conclusions of the progress of time on the law. It has also created some differences between the decisions of the Supreme Court and legal regulations during the time period between N.818 former Obligations Code and N.6098 Turkish Code of Obligations, during both times, prescription has been a debated topic on doctrine. We believe that a contemporary approach would be more useful while we are evincing some aspects of the prescription which has high importance therefore we identified our study's subject as provisions of prescription according to Turkish Code of Obligations. Before we define the main subjects of our study, to explain the subjects that cannot be overseen while approaching the prescription we included prescription's notion, legal characteristics, principals and also comparison of the prescpription and foreclosure term. Accordingly, prescription's execution area, starting date, prescription periods and the specifications of these periods are included. As a part of researching the prescription provisions, we specified that prescription will not discharge the debt itself but the debt will be imperfected and the debtor will have the defense right in favor. Therewith, these effects occur directly and independent from each other.

Author

Berkin Erol Dinçer

How to Cite

Berkin Erol Dinçer (Master Thesis). Provisions of prescription according to Turkish Code of Obligations, 2019, Çankaya University.

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