The situations in which the parties act against their obligations before
2017
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Advisor: Yrd. Doç. Salimya Ganıyeva
Abstract (EN)
This thesis aims to examine in detail and elaborate on the situations in which it is apparent beforehand that an act is contrary to the obligation. Within this scope, the provisions of the Turkish Code of Obligations No. 6098, which are related to this issue have been examinedone by one. While some of these provisions are related to the general provisions of the Code of Obligations (TCO Art. 98), some of them are subject to the special provisions of the latter (TCO Art. 296, 332, 370, 390, 436, 473, 486 500, 513, 609/3, 619/2, 639). Except for the Art. 473 of TCO, these provisions relate to the cases where the debtor is in a difficult position to fulfill his/her obligation. On the other hand, these provisions in question are not in compliance with one another. Apart from the cases for which the law prescribes and provides a legal consequence, there may be a situation in which it is obvious that the debtor would act contrary to his/her obligations before fulfillment of the debt. However, there is no clear provision on this issue, nor is there a consensus in the doctrine about the legal institution to be applied to this issue. The legal opinions are evaluated and the conclusion we have come to is explained in our thesis. According to the results obtained in our study, the views adopted in the doctrine on this issue are far from being related to one other in terms of their starting points and consequences they have reached. Further, the practical benefits of these views are also quite low. For this reason, according to our opinion,this problem must be solved by referring to the culpability provisions in our opinion.
Author
Dr. Ali Rıza Ercoşkun
How to Cite
Ali Rıza Ercoşkun (Master Thesis). The situations in which the parties act against their obligations before, 2017, Atatürk University.
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