Master'sOpen Access

Lesion in Turkish Law

2007
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Advisor: Doç.dr. Köksal Kocaağa

Abstract (EN)

LES ON IN TURKISH LAWSUMMARYLesion is occured after Articles 19 through 20, which is about the freedom ofcontracts and its restrictions, before Article 23 continues which focuses on defective intentionin the Turkish Code of Obligations.The lawmaker, while in the Turkish Code of Obligations is occured the lesioninstitution in article 21, the aim of it to protect the weak party who is exploitered against thestrong party who is exploiter party and and put the sanction for the between mutualcontractual obligations of two parties lopsidedness which is not can take. The lawmakers haveobserved, while in the Turkish Code of Obligations the lesion institution has occured inArticle 21, the aim was to protect the weaker party from being exploited by the stronger party,which may stil exploit but has put a sanction for mutual contractual obligations of two partylopsidedness, which the stronger party can not take by itself. Therefore, the weaker party tothe contract can make an annulment to the contract by virtue of lesion(s) in a year if theground exists after inspecting contractual obligations values.While working on this dissertation, evaulated both theoratical opinions and someCourt of Appeal and Swiss Federal Courts decisions as well.The first chapter of the dissertation regarding the lesion and its principle covers thehistorical progress and how is it structured.The second chapter of the dissertation mentions the factual existence of the lesionand its legal relevance.The third chapter mentions about the lesions, provisions and its consequences.v

Author

Dr. Gonca Önen

How to Cite

Gonca Önen (Master Thesis). Lesion in Turkish Law, 2007, Akdeniz University.

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