International Conference on Eurasian Economies
1-3 July 2014 – Skopje, MACEDONIA
Paper detail
Paper ID : 982
Status : Paper published
Language : Turkish
Topic : Law
Presenter: Prof. Dr. Mustafa Topaloğlu
Session : 2E Hukuk I
Evaluation of New Provisions Regarding Sales and Commercial Sales Amended by New Turkish Code of Obligations the Context of Vienna Convention
Milletlerarası Mal Satımına İlişkin Viyana Konvansiyonu Bağlamında Yeni Türk Borçlar Kanunu ile Getirilen Satış ve Ticari Satışa İlişkin Yeni Hükümlerin Değerlendirilmesi
- Prof. Dr. Mustafa Topaloğlu (Özyeğin University, Türkiye)
Abstract
Intendment of the paper herein, to evaluate of new provisions regarding sales and commercial sales amended by new Turkish Code of Obligations numbered 6098 in the context of Vienna Convention on Contracts for the International Sale of Goods which is effective since 01 January 1988. It has a significance to be able to understand why the provisions of the convention have not been completely quoted to Turkish Code of Obligations. Turkish Code of Obligations' numbered 6098, Vienna Convention on Contracts for the International Sale of Goods and Provisions of Vienna Convention on Contract for the International Sale of Goods (CISG/United Nations Convention), Comparing of civil law, common law, and combinations of these (especially Sales contracts in civil law and sales contracts in common law).During the legislation process of Turkish Code of Obligations' provisions regarding sales, both Vienna Convention on Contracts for the International Sale of Goods (CISG/United Nations Convention) and Swiss law has been constituted a source. The Vienna Convention is effective since 01 January 1988 and Turkey has participated to (CISG) on 01 August 2011 and it has been a part of domestic law. The aim of (CISG) is to eliminate the differences among the countries' laws regarding sales; i.e. it constitutes a linking rule and the rules of sales. Since the Convention has been legislated with the effect of various law families and systems, provisions of the convention have not been completely adopted to code of obligations.
JEL codes: K33, K12, K13
Topaloğlu, Mustafa (2014). "Evaluation of New Provisions Regarding Sales and Commercial Sales Amended by New Turkish Code of Obligations the Context of Vienna Convention" in Proceedings of International Conference of Eurasian Economies 2014, pp.969-973, Skopje, MACEDONIA.
DOI: https://doi.org/10.36880/C05.00982
