Master'sOpen Access

Installment contract and the commitment to pay in installments

2014
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Advisor: Yrd. Doç. Dr. Nedim Meriç

Abstract (EN)

In this study of commitments to divide a payment into insallments and provisions of these commitments, of enforcewment-law and contracts fort he installment of payment, specşfşcatşons of commitments and their elements are discussed in a wide context under the main heading of enforcing disposals. Enforcement law is connected with public law as a concequence of its contribution to public order's establishment as is basically analyses the modus operandi of the process which begins with the application of a person who aims to collect this debt, and the relations between those who are concerned and the process. Turkish compulsory disposal system imposes obligations fort he parties who do not comply with the provisions of agrements or fulfill the commitments to pay the dept in installments. In summary, as long as the parties comply with the disposals for diccharging the debt in installments, thecreditor can not pursune the indictment against the debtor and likewise it is ordinary fort he debtor to face with a set of punishments when he/she does not pay the debt, and law-maker formed a system where a prison sentence with coercion is performed forthe ones who do not do what is necessary to make themm fulfill the requirements of the contacts. Therefore, legally binding disposals fort he division of payment into installments are needed to face the debtors with sanctions when they do not fulfill their commitments. These disposals, which can cause restrictions on the debtor's right of freedom which is one of the most fundemantal rights, when they are not obeyed, they have the results in terms of enforcement law and penal code through enforcement, which could also be a subject of public law, and they are considered as an enforcement crime and preventive imprisonment. Formation of disposals for division of a payment into installments which have causing impacts in the field of enforcement law, their validity and their impacts on enforcement law as well as the matter of how debtors are punished when they do not fulfill the requirements are the points on which emphasis should be laid and discussed. In reality, disposals, which are not fomed legally, fort he installment of a payment could end up with limitations on the debtor's liberty as a matter of fact even if the one does not commit a crime by violating the commitment or just these disposals are considered to be formed validly. Therefore, whether legal jurisdiction is performed faultlessly and such a crime occured without any doubt must be investigated meticulously. On the other hand, this situation causes balance of advantage to be disturbed or to be damaged and results in violatation of basic rights and liberties which could culminate with individual communications according to our positive law. Key Words: By Installments, Installment Payment, Contracting.

Author

Dr. Burcu Gül

How to Cite

Burcu Gül (Master Thesis). Installment contract and the commitment to pay in installments, 2014, Çağ University.

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