Commercial sales

There is no consensus on the definition provided by the legislator regarding the commercial sales regulated in article 23 of Turkish Commercial Code No. 6102, however it is identified that commercial sales are also mentioned in article 212 of the Turkish Code of Obligations No. 6098 and paragraphs 2 to 8 of article 1530 of the Turkish Commercial Code. Different opinions are asserted in doctrine to describe commercial sales term because of the absence of statement about the content of commercial sales and relevant opinions are reviewed within the context of our study.The special provisions to be applied to the cases of partial performance, default of purchaser and defective performance are determined in article 23 of the Turkish Commercial Code. Excluding these cases, the other issues that are not regulated in the mentioned article are examined in accordance with the provisions of the Turkish Code of Obligations.