Limitations to the freedom of business contract
2007
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Advisor: Y.doç.dr. Serkan Odaman
Abstract (EN)
The legal order has provided individuals with the right of establishing, amending and dissolving legal proceedings at their discretion. This right provided to individuals is called ?the freedom of contract?. The freedom of contract has been assured and limited both by the 48th article of Constitution and the 19th and 20th articles of Law of Obligations. The freedom to conclude contracts in business is brought forward as the freedom of business contract. Although this is the rule, it is observed that the freedom of business contract has been limited in some cases. Within this limitation, it has been aimed at protecting the employees and the benefit of society because of moral and social reasons. Limitation of freedom of business contract is sometimes introduced as the obligation of business contract and sometimes as the prohibition of business contract. The obligation of business contract may be in question for some workers employed in a workplace fort he first time; it may also be the reemployment of workers quitting or dismissed from employment for various reasons. On the other hand, the prohibition of business contract has been introduced as prohibiting the employment of worker groups with some characteristics or as permitting the same to be employed in specific jobs and under specific jobs and under specific conditions. Within the frame of such obligations and prohibitions, there are some sanctions to be experienced by the employers in case of failure to fulfill this obligation under the law. Within the scope of this project, there has been a practice on the limitations for the freedom of business contract and on the sanctions against failure to comply with these limitations. Key Words: Contract, Freedom of Contract, Obligations to Business Contract, Limitations to Business Contract, Obligations of Employer.
Author
Esin Akar
Institution
How to Cite
Esin Akar (Master Thesis). Limitations to the freedom of business contract, 2007, Dokuz Eylül University.
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