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- Title
Ticari Satış ve Mal Değişimlerinde Ayıp İhbarının Yargıtay Kararları ile Birlikte Değerlendirilmesi.
- Authors
GÜNGÖR, eda Ş.
- Abstract
Due to the nature of the transactions realized in commercial life, they should be separated from the general regulations and regulated by special rules. The reason for this is the need to carry out transactions within the framework of speed, trust and clarity in order for the commercial life to function properly. Based on this need, special arrangements have been made in Article 23 of the Turkish Commercial Code to be applied to commercial sales and exchanges between merchants, departing from the general provisions of the Turkish Code of Obligations. One of these arrangements is the short periods for inspection of the goods and notification of the defect, in case the goods are defective in commercial sales and exchanges between traders. The aforementioned periods were shortened to be implemented only in commercial sales and exchange of goods contracts between the merchants, and thus, the transactions to be made regarding the detection and notification of the defect gained speed and clarity in terms of time. In our study, the special regulations regarding the defect notification in the sale and exchange of goods between the merchants will be explained together with the general provisions and will be examined in detail with examples from the Supreme Court decisions.
- Subjects
LEGAL judgments; TRUST; APPELLATE courts; MERCHANTS; CONSTITUTIONAL courts
- Publication
Balkan & Near Eastern Journal of Social Sciences (BNEJSS), 2022, Vol 8, Issue 4, p113
- ISSN
2149-9314
- Publication type
Article