Conditional obligation relationship
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Abstract (EN)
This thesis addresses conditional obligation relationships. Before undertaking a detailed examination of the concept of condition, the first chapter outlines the fundamental principles of obligations and provides a general framework regarding the rights and duties of the parties involved. In addition, it clearly distinguishes the condition from other legal constructs frequently confused with it, such as penalty clauses and earnest money. The central focus of the thesis-the condition-is analyzed in the context of legal consequences that depend on the occurrence or non-occurrence of a future uncertain event. For a condition to be legally valid, it must be associated with a legal transaction, and the parties must express a clear intent in this regard. Furthermore, the event designated as the condition must relate to the future and be objectively uncertain at the time of agreement. Conditions must not contravene legal norms or public morality, must not involve initial impossibility and must not be arbitrary or meaningless. These essential elements are examined meticulously. The thesis further elaborates on various types of conditions-primarily suspensive (precedent) and resolutory (subsequent)-and explores the distinct legal implications that arise, especially during the interim period when the condition is pending and upon its fulfillment or failure. Key topics also include the obligation not to hinder the fulfillment of a condition in accordance with the principle of good faith and the legal consequences arising from the condition becoming impossible over time. Through this comprehensive analysis, the study aims to present a holistic perspective on the role and significance of conditional obligations within the Turkish Law of Obligations and to contribute meaningfully to ongoing legal scholarship in this field. Keywords: Obligation, Legal relationship of obligation, Condition, Conditional obligations, Exceptional cases in obligation law.
Author
Zehra Üstün
Institution
How to Cite
Zehra Üstün (Master Thesis). Conditional obligation relationship, 2025, Çankaya University.
Keywords
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