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Factoring contracts within the scope of the fereedom of contract principle

2025
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Advisor: Prof. Dr. Zeynep İpek Yücer Aktürk

Abstract (EN)

Factoring contracts created within the scope of the principle of freedom of contract have an important place in the legal order. This work was written with the idea of checking that factoring contracts that impose multiple debts on the parties and provide benefits in return are concluded within the boundaries of the principle of freedom of contract. This thesis points out that factoring contracts are anonymous contracts and that contract provisions created in standard type are in accordance with TCO art. 27, m. 20 to 25 m. 28, TCC art. 2 and m. 24 agrees with the view that it should be audited accordingly. In this research, firstly, information about the definition, history, limits and anonymous contracts of the principle of freedom of contract is given. Then, explanations about the definition of the factoring transaction, its historical development, comparison with other financial institutions, its benefits and drawbacks, and the definition of the factoring contract, its legal nature, elements, parties, content, form, types and the rights and obligations of the parties are included. Finally, a sample factoring contract is discussed and the contract is audited in terms of general regulations regulating the limits of the principle of freedom of contract and the results of the audit are included.

Author

Dr. Ayfer Kahraman

How to Cite

Ayfer Kahraman (Doctorate thesis). Factoring contracts within the scope of the fereedom of contract principle, 2025, Baskent University.

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