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" Kosova Borçlar Hukuku İle Karştirmali Olarak Türk Borçlar Hukukunda Aldatma "
Hajdari, Egzonis A.
Erlüle, Fulya
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Latin Dissertation
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| Language of Document
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English
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| Record Number
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1058494
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| Doc. No
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TL57611
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| Main Entry
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Hajdari, Egzonis A.
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| Title & Author
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Kosova Borçlar Hukuku İle Karştirmali Olarak Türk Borçlar Hukukunda Aldatma\ Hajdari, Egzonis A.Erlüle, Fulya
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| College
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Marmara Universitesi (Turkey)
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| Date
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2019
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| Degree
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Ph.D.
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2019
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| Note
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311 p.
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| Abstract
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One of the key elements of the Law on Obligations is the contract, which represents an obligational relationship between the contracting parties with a focus on promoting obligations. A contract “contractus” is defined as the consent of will of two or more parties for the purpose of creating, amending or terminating an obligational relationship. In a significant number of cases, legal transactions are created with the presence of a defect of consent, including fraud, mistake and duress. Fraud is an unlawful act by which the contracting party has been induced to enter into a contract through a willful mistake by the other party, or a third person. According to this clause, the elements relating to fraud are: a fraudulent act; the purpose of fraud; and a causal relationship. Fraud as a defect in consent in concluding contracts can appear in different forms. The main types of fraud are considered to be: fraud by a fraudulent entity; fraud by the manner of the fraudulent act; fraud according to the importance of facts; fraud related to the types of contract, etc. Furthermore, in this article we will discuss the consequences of fraud, when the deceived party has a right to rescind contact, reclaims restitution of everything the have been performed, and to compensation for damage. All these issues would be elaborated compared between Turkish Code of Obligations (TCO), and Law on Obligational Relationships of Kosovo (LORK). Certainly, the historical overview, a comparative approach to some other countries legislation, comparing and contrasting fraud with mistake and duress, and finally, the conclusions will also be proposed. Therefore, to reach relevant scientific results, it was necessary to approach this issue through an interdisciplinary, analysis and synthesis, descriptive, and comparison methodology.
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| Descriptor
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Consumer protection
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Fraud
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Law
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State court decisions
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| Added Entry
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Erlüle, Fulya
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Marmara Universitesi (Turkey)
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