CONCLUSION AND ELEMENTS OF THE SALES CONTRACT IN MEDJELLE AND TURKISH CODE OF OBLIGATIONS

Medjelle is undoubtedly the most important one in the Ottoman Empire s legislative movements after the Tanzimat. The basic idea that led to the preparation of Medjelle is to bring a civil law to all Ottoman citizens. With this being the case, it can be said that Medjelle is a law regulating the law of debts in large measure. The nine books of Medjelle, which consists of a total of sixteen masters, are made up of positions related to the law of obligations. The first of these sixteen books carries the heading of Kitâb’ül-Büyu’u. The sales contract is the first to be issued in the private debt category of the Turkish Code of Obligations. Our law of obligation system is based on the Swiss Law of Obligations and therefore Roman Law. However, it can not be said that it is completely different from our old law and especially Medjelle. Of course, in the framework of law follows life principle, the view of contractual relations at the time of acceptance of Medjelle and the appearance of contractual relations of today are different. Accordingly, the concepts and provisions of the law vary. However, when considering the sales contract in particular, it seems that the issues that provided the establishment of a contract between the two people that create a buy-sell relationship appear to be similar. In this study, the conditions and elements required for the establishment of the contract were discussed comparatively in the context of the arrangements related to the sales contract in Medjelle and Turkish Code of Obligations.