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Li̇nked contracts

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2023
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Abstract (EN)

In this study, "Linked Contracts" within the scope of doctoral thesis topic are examined in four sections. As a result of developments in the field of economy, technology and information, several cooperations have emerged between the contracting partners. These cooperations have brought many new types of contracts, which have unique characteristics (sui generis) on the basis of freedom of contract, to the contracts of law. In order to understand one of the most important of types of contracts, linked contracts, the concept of linked, types of linked, the emergence and legal nature of linked contracts are examined in this study. This examination has been carried out in the light of the regulations and resources of Swiss, European Union (EU) and Anglo-Saxon Law, mainly German Law. Since the linked contracts have a very extensible feature in terms of subject, they are limited in terms of Obligations and Consumer Law in order to ensure the efficiency of the study and are discussed through core contract examples. In particular in Turkish law, related to the linked contracts, the linked credit agreements in Article 30 of the Law on the Protection of the Consumer and the prohibition of making a linked agreement with the lease agreement in Article 340 of the Turkish Code of Obligations have been evaluated with their elements and consequences. Also various examples of contracts that can expand the application area of linked contracts are mentioned. Finally, the termination cases of the linked contracts and the problems that arise as a result of the termination cases, exceptio that the defence mechanisms of the borrower are expressed in detail. Keywords: Linked contracts, law of contracts, principle of reciprocity in contract (synallagma), contractual networks, exceptions of privity of contract

Author

Sinan Olcay

How to Cite

Sinan Olcay (Doctorate thesis). Li̇nked contracts, 2023, Ankara University.

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