Standardized terms of contract within the context of Turkish code of obligations no. 6098
2019
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Advisor: Prof. Dr. İlhan Helvacı
Abstract (EN)
A legal regulation on standardized terms of contract has been established with the entry of Turkish Code of Obligations No. 6098 into force. Content of this thesis includes definiton and explanation of standardized terms of contract, its elements, the way they are audited within the framework of Turkish Code of Obligations no. 6098., general practices in Turkish Law and some foreign law examples. This thesis is organized as follows: Intoduction includes the definition of standardized terms of contract and a summary of the study. The first section focuses on the concepts of contract and freedom of contract and explains the historical process of personal (individual) contract's transformation to standardized terms of contract. In the second section regulations related to standardized terms of contracts, foreign laws, provisions used for auditing of standardized terms of contract in Turkish Law before and after Turkish Code of Obligations are presented. The following section discourses the extent, definition, legal nature, elements, and field of execution of the standardized terms of contract. The section after that examines auditing of standardized terms of contracts in terms of administrative – legal auditing and validity – interpretation – content auditing. The subsequent section examines standardized terms of contract exemplyfing their use in different areas of law, and also considers European Union Directives and German Law in terms of unfair terms in consumer contracts. And concluding remarks and opinions are presented in the final section.
Author
Dr. Deniz Uğur Küçükgöde
How to Cite
Deniz Uğur Küçükgöde (Master Thesis). Standardized terms of contract within the context of Turkish code of obligations no. 6098, 2019, İstanbul University.
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