The Notion of Due Diligence And Appreciations About Responsibility Of Seller in Corporation’s Merger and Acquisition Contracts Within The Scope of The Provisions of Turkish Obligation Code

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The mergers and acquisitions of corporations are voluminous proceedings. It also leads to a process which is not very easy to be decided by buyer. The notion of due diligence rises to surface at this point. Due diligence is a study which is made so that corporation’s situation in respect to many fields, such as taxational, judicial, financial, environmental, human resources etc., is found out. The due diligence study gives buyer opportunity so as to make a well-directed decision about acquisition of corporation. No regulation is in existence about examination and legal results of due diligence in Turkish Obligation Code and Turkish Commercial Code. However, it has the characteristics of sine qua non in corporation’s merger and acquisition. The notion of due diligence, which has been subject to scientific works in the field of Turkish Commercial Code up to this time, have not been examined in the field of related provisions of Turkish Obligation Code. In this study, the process of due diligence in corporation’s merger and acquisition contracts and other issues about responsibility of seller in the context of general and special provisions of Turkish Obligation Code are examined.

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Due Diligence , Corporation’s Merger and Acquisition , Contract of Sale , Defect in Contract of Sale , The Responsibility of Seller.

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