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- Title
TİCARİ İŞLETMELER ARASINDA MAL VE/VEYA HİZMET TEDARİKİNDE GEÇ ÖDEMEYE İLİŞKİN HÜKÜMLERİN (TTK m. 1530/2-8) SATIŞ, ESER VE KİRA SÖZLEŞMELERİNE UYGULANABİLİRLİĞİ HUSUSUNDA.
- Authors
YILDIZ, Burçak
- Abstract
Combating late payment, in connection with the supply of goods and services, between commercial undertakings is regulated by the Turkish Commercial Code (TCC), art.1530/2-8. The Code covers contracts which lay out the delivery of goods and the provision of services. However the contract types to which the Code applies are not listed. TCC art.1530/2-8 is derived from Directives no. 2000/35/EU (repealed) and 2011/7/EU. Therefore the judgments of the Court of Justice of the European Union (CJEU) on abovementioned Directives set precedents for Turkish law as well. The fact that sale, work and rent contracts are subject to the provisions combating late payment is accepted by doctrine and CJEU. However the Turkish Court of Appeal has given the judgment that the sale contract is not covered by TCC art.1530/2-8. Regional Courts of Appeal, which point to the abovementioned precedent, have given the judgments that the work contracts are excluded from the TCC art.1530/2-8 as well. The point of view of the doctrine and CJEU must be taken into consideration and the concepts of delivery of goods and the provision of services must be interpreted broader. It must be accepted that the sale, work and rent contracts are covered by TCC art.1530/2-8, regardless of the fact that the subject of the contract is movable or immovable.
- Subjects
COURT of Justice of the European Union; DELIVERY of goods; LOCAL delivery services; CONTRACT employment; LEGAL judgments; APPELLATE courts; LATE payment
- Publication
Banking & Commercial Law Journal / Banka ve Ticaret Hukuk Dergisi, 2022, Vol 38, Issue 1, p21
- ISSN
1300-1396
- Publication type
Article