öztaş, ilker marmara üniversitesi - hukuk fakültesi - medeni hukuk anabilim dalı, Turkey

The Right To Substitution of the Delivery With Non-Defective Goods in the Sale of Goods Acording to The Turkish Code of Obligations

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Turkish Code of Obligations (TCO) Art. 227 para. 1 subpara. 4 provides for the buyer’s right to demand substitute goods in cases where the delivered goods are defective. The claim for substitute goods is a form of specific performance. The buyer can claim delivery of substitute goods only when the seller’s liability for defects is triggered. In addition, for such a claim to be possible, it should be expectable from the seller to deliver substitute goods. In this respect, it does not make any difference for the goods involved to be specific or generic. The buyer cannot demand for substitute goods if the goods are perished or substantially damaged for a reason attributable to the buyer. It is again not possible to demand for substitute goods, if the goods are transferred or transformed by the buyer. With regard to sales contracts involving more than one good, the right to replacement applies only in terms of defective goods. The buyer shall be allowed to exercise other rights if the requirements for the right to demand substitute goods are not met. In this regard, TCO Art. 22 para. 4 is not applicable in terms of the buyer’s right to demand substitute goods.

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Defect , Defective performance – Sale of goods – Substitute delivery with non , defective goods – Seller’s liability for defect

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