International Conference on Eurasian Economies
2-4 September 2020 – Baku - AZERBAIJAN
Paper properties
Paper ID : 2381
Status : Paper published
Language : Turkish
Topic : Law
Presenter: Almıla Özkan
Presentation Location : Online
Session : 6A Hukuk
Transfer of Risk of Loss in Turkish Law and International Treaties
Türk Hukukunda ve Uluslararası Antlaşmalarda Hasarın İntikali
- Almıla Özkan (Bilkent University, Türkiye)
- Ayşe Sena Aksakallı (Bilkent University, Türkiye)
Abstract
The risk of loss refers to the value of the goods that were damaged or destroyed without responsibilities of any party. While the matter of risk of loss differs from legal systems to legal systems, it has been subject to international treaties as well. In Turkish legal system, the abrogated Code of Obligation and Turkish Code of Obligations have different features in terms of transfer of risk of loss. According to abrogated Code of Obligation, the buyer is responsible for the value of the damaged goods as soon as the parties sign the contract. In Turkish Code of Obligations, the seller bears the risk of loss until the delivery of goods or registration. Turkish Code of Obligation is compatible with civil law. And abrogated Code of Obligation is compatible with common law system. There are rules regarding transfer of risk of loss in many international treaties. By the way, it must be stated that rules of transfer of risk of loss in Vienna Convention are compatible with Turkish Code of Obligations.
JEL codes: K15
Özkan, Almıla, Aksakallı, Ayşe Sena (2020). "Transfer of Risk of Loss in Turkish Law and International Treaties" in Proceedings of International Conference of Eurasian Economies 2020, pp.162-169, Baku - AZERBAIJAN.
DOI: https://doi.org/10.36880/C12.02381
