Negative damage in case of return from contract

The subject of this thesis study is "negative damage in case of return from contract". Negative damage, which can be claimed as a result of return and return from the contract, has been one of the most controversial issues of the law of obligations. In this regard, it is important to note that, the turning concept has only become prominent in the 19th century and therefore a new notion. Human and economic relations, which have evolved from day to day, have pushed real and legal persons to contract with each other. However, the fact that the contracts intended to be concluded do not reach the expected result; the fact that the contractual conditions stipulated by the law have not been fulfilled, has revealed the issue of which the parties who are gathered to make a contract, and by which basis the losses they have suffered for this reason will be compensated. In addition, there is not a valid contract at the table, as well as the requirements for tort liability has not been provided; this problem has caused an increase. The lack of adequate solutions firstly in Roman law then the Common law, for the compensation of the damages caused by invalid contracts, prompted the Pandect jurists to produce various theories. However, since the studies were based on the solution of the individual incidents, the necessary result could not be reached and the loss caused by the invalid contract has been further resolved to the point of the compensation. Rudolf von Jering realized these deficiencies and, he published a study named "culpa in contrathendo oder Schadensersatz bei nichtigen oder nicht zur Perfection gelangten Verträgen" in 1861 and systematically dealt with the subject and made a positive - negative interest in contracts and became the name of the concept of negative thinking in modern law. Land Europe law-makers have not been indifferent to these developments, also have been influenced by the liability of the culpa in contrahendo, which was founded by Jhering, and have added individual provisions on the liability to compensate for negative damages to the laws of the country. The Swiss and Turkish lawmakers also took part in the concept of negative damage in accordance with the principles of culpa in contrahendo, and even went one step further to introduce regulations that envisage negative damage for some cases other than the doctrine of Jhering. The study consists of two parts and a result part. In the first part, the concept of return from the contract, its history, functions, its legal nature, the major turning states and the views of the rotation in the doctrine, the concept of culpa in contrahendo which is the origin of negative damage are explained in details. In the second section, the concept and types of damages, which are the main elements of liability debt relationships, are explained in terms of differentiating by understanding the legal characteristics. In that section also the concept of negative damage, the cause of the emergence, items, proof, compensation, separation from positive damage, offsetting, limiting the problem and evaluation of the criticisms were discussed. The study will be completed with the result section which includes the main issues highlighted in the research and the answers to the criticisms. Key Words: Negative Damage, Return From The Contract, Electoral Rights, Culpa In Contrahendo