Master'sOpen Access

The requirements of the qualified letter form of bailment agreement in accordance with Turkish Code of Obligations no. 6098

2019
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Advisor: Dr. Öğr. Üyesi Abdullah Erdoğan

Abstract (EN)

Bailment agreement is an individual guarantee contract that is signed between the creditor and the bailsman, and makes the bailsman liable when the actual debtor is unable to pay the debt. The origins of the bailment agrement date back to the Roman Law, and it is one of the most preferred guarantee contracts due to the arising needs while doing trade. The reason for this can be explained as the bailment agreement provides opportunities for guarantee and protection even in the cases of small amounts of debts, and saves time or expences. In the events of bailman agreement, it does not cover only the debts caused by the agreement, but also all kinds of debts that can be charged with money. On July 1, 2012, due to the fact that the old Turkish Code of Obligations No. 818 was not sufficient in protecting the bailsman and the unity of the family, there were some changes made and were put into practice with the Turkish Code of Obligations No. 6098. These changes were generally related to the terms and conditions in the qualified letter form, and for the first time, the consent of the spouse in line with the Turkish Code of Obligations No. 584. The current study focused on the requirements of the qualified letter form and the consent of the spouse set forth with the increased protective measures in the Turkish Code of Obligations no. 6098. It talked about the outcomes of the practised bailment agreement that violates the requirements of the qualified letter form.

Author

Aybüke Fincan

How to Cite

Aybüke Fincan (Master Thesis). The requirements of the qualified letter form of bailment agreement in accordance with Turkish Code of Obligations no. 6098, 2019, Gaziantep University.

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