ARIKAN, Mustafa Selçuk Üniversitesi - Hukuk Fakültesi - Medeni Hukuk Ana Bilim Dalı, Turkey

TİCARİ SATIM SÖZLEŞMELERİNDE SATICININ AYIBA KARŞI TEKEFFÜL BORCU VE BU BAĞLAMDA 6102 SAYILI TTK. m. 18/III HÜKMÜNÜN DEĞERLENDİRİLMESİ

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The liability of seller for fault is regulated in 6098 numbered Turkish Law Obligations Article 219 etc. In those decrees it is accepted that to be able to keep seller responsible from fault the buyer is obliged to realise some duties. In Article 223 of Turkish Law of Obligations it is written that the buyer should check the good and notify the seller about the fault. The law does not determine any kind of specifik form for notifying the seller. However, the issue of whether the commercial buyer as well is not required to notify in any kind of form is a diputed issue. There is decree in Article 18/3 of Turkish Commercial Law which says that ‘Between the traders the notifications for ‘dissolving a contract’, ‘to make the other party default’ or ‘to go back from the contract’ should be made via notary, registered letter, telegraph or secured electronic mail’. As a result off this Article it is claimed that the notification between traderswould have a specific kind of form. In this study it is aimed to bring a new aspect to these discussions.

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Sale Contract , Fault , Commercial Sale Contract , Notification , Form

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