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  • 标题:The New Draft for the Turkish Code of Obligations: The Comparative Study with the Unidroit Principles of International Commercial Contracts
  • 作者:Hakan ACAR Ahmet Cemil YILDIRIM
  • 期刊名称:Journal of Qafqaz Universty
  • 印刷版ISSN:1302-6763
  • 出版年度:2008
  • 卷号:24
  • 出版社:Qafqaz University
  • 摘要:Within the context of a law reform in Turkey in recent years, current Code of Obligations of Turkey (hereafter ¡°current Code¡±) is about to be replaced by a new draft for the Turkish Code of Obligations (hereafter ¡°new draft¡±) already presented by Turkish Ministry of Justice, to the Turkish Parliament. Although there are a number of ¡°national reports¡± on the 1994 edition of the Principles*, a Turkish one is missing. We want to take this opportunity to fill this gap by presenting some kind of national report on 2004 edition of the Principles. By this article, we intend to examine both the current Code and the new draft under the light of the UNIDROIT Principles 2004. This article may be considered as a guideline for potential use of the Principles in relation with Turkish Law. We estimate to provide solutions as well, in cases where Turkish Law and the Principles apply side by side, always with concerns of uniform application of the Principles either by Turkish Courts or by arbitral tribunals. By this article, we intend to examine both the current Code and the new draft under the light of the UNIDROIT Principles 2004. This article may be considered as a guideline for potential use of the Principles in relation with Turkish Law. We estimate to provide solutions as well, in cases where Turkish Law and the Principles apply side by side, always with concerns of uniform application of the Principles either by Turkish Courts or by arbitral tribunals.
  • 关键词:Turkish Law, Obligation Law, UNIDROIT Principles
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