Master'sOpen Access

Seller's default in movable selling contracts

2024
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Advisor: Doç. Dr. İlker Öztaş

Abstract (EN)

Within the scope of our thesis titled "Seller's Default in the Sale of Movables", the sale of movables is primarily analyzed. The sale of things other than those deemed immovable by law within the scope of the provisions of the TMK and the sale of things specified as movables in other relevant laws is the sale of movables. In the sale of movables, the seller is in default if he fails to transfer possession and ownership at the time of performance and if the other conditions listed in the law are completed. In the event of default of the seller in the sale of movables for a definite and indefinite term and in the sale of commercial movables for an indefinite term, the provisions of "Default of the Debtor" regulated in Article 117 and following of the TBK shall apply. However, if there is a commercial sale of movable goods for a definite period of time, the special provisions of Articles 212 and 213 will primarily apply. With the default of the seller, some optional rights of the buyer will arise. The buyer may demand compensation for delay with performance in kind, or compensation for positive damages by renouncing performance in kind, or compensation for negative damages by exercising the right to rescind the contract. The provisions on partial default of the seller shall apply in cases where only a part of the goods sold are performed and the seller defaults in the transfer of possession and ownership of the remaining part. Keywords: Movable Selling Contracts, Default, Compensation, Loss

Author

Berra Doğan

How to Cite

Berra Doğan (Master Thesis). Seller's default in movable selling contracts, 2024, Ankara Social Science University.

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