PASSING OF RISK IN SALES CONTRACT ACCORDING TO THE TURKISH CODE OF OBLIGATIONS

The norm that passes risk to the buyer with conclusion of contract takes its source from Roman Law. The same norm also carried out in Turkish and Swiss Law. But it is criticised in doctrine and judicial decisions because of being unfair. The critics of old legislation about this subject has taken into account while preparing The new Turkish Code of Obligations numberred 6098. Thereupon a new concept which passes the risk to the buyer with transfer of possession has been accepted.