DoctorateOpen Access

أثر التصرفات الفعلية في المعاملات المالية

2020
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Advisor: Prof. Dr. Soner Duman

Abstract (EN)

The provisions of financial transactions change according to their effects, and these influences may be explicit as wording and other means of expression; it may be implicit as some acts of people. This research is to show the impact of actual behaviors in various sections of jurisprudence in its financial transaction division, from more than one side. Some of these actions, when combined with financial transactions, produce effects that would not have existed if these actions had not been there. Its effect may be in terms of establishment, correctness, necessity, expiration, property transfer or entitlement to security benefit. The research also shows that the effects of actual actions are not limited to the rightful contracts, but also extends to the corrupt contracts through their role of removing what is spoiling a contract. Through this research, it has been found that the effects of actual conduct in financial transactions vary depending on the type of contract involved; for example, in interest-based financial contracts, the impact of receiving is related to the validity of the contract, while in other contracts it has a different effect; it may affect the transfer of ownership; as in loan, gift and lease contracts, and may affect the transfer of compensation as in the sales contract. It also became clear that the effect of actual actions varies depending on the nature of the actual conduct. Research has shown that the nature of actual behaviors is diverse. It may consist of handling the contract, seizing or destroying it; or mixing it with other contracts or other conducts. The impact of these acts may vary depending on the nature of the act, for example: The initiation of a contract of royalty or speculation is different from destroying the subject of contract in the sales contract. The first has an impact on the creation of the contract formula and the second has an effect on the entitlement to the compensation. Thus, it is clear that the actual conduct has a more comprehensive effect than the expression of will by act. Through this research, we have tried to come up with an integrated theory on the impact of actual behaviors on financial transactions, and at the same time we have tried to show the forms of application of this theory in the different schools of jurisprudence

Author

Dr. İbrahim Albakkar

How to Cite

İbrahim Albakkar (Doctorate thesis). أثر التصرفات الفعلية في المعاملات المالية, 2020, Sakarya University.

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