The quiet enjoyment of the seller on a sales contract

Sales contract is one of the most used contract in the contracts law area. Turkish Code of Obligation no.6098, article 207 and the rest are regulated the sales contract. Quiet enjoyment of the seller is regulated under Articles between 214 and 218 of the Turkish Code of Obligation. Quiet enjoyment means holding responsible the seller against dissposses of any sold property from buyer by raising an elder right of any third party on the goods or encumber buyer using the goods by the this elder right. Quiet enjoyment of the seller which is used from Roma Law to until todays, has been much discussed by Court of Cassation. Quiet enjoyment of the seller is not limited by sales contract, but also can used in different legal relations. Even it is regulated clearly in law, it is important to defined the legal character. As specially it must be defined which of the breach of the acts happen. In doctrine there are several opinions. But when we look at the breach of the acts, the differences of the opinion are not clear enough. To apply the quiet enjoyment of the seller, there must be some formal requirement. With these requirement, debtee has a some rights to demand. In this thesis we try to search and review from various aspects quiet enjoyment of the seller under the terms of regulations and the decissions of the Court of Cassation. Keywords: Contract of Sale, Liability for Confinement, Liability of the Seller for Confinement