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All Journal Indonesian Comparative Law Review Indonesia Private Law Review
Ay, Yunus Emre
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Law, Crime, Criminology & Criminal Justice

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Franchise Contracts under Turkish Law: A Doctrinal Investigation Ay, Yunus Emre
Indonesian Comparative Law Review Vol. 7 No. 1 (2024)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v7i1.23661

Abstract

 Franchise contract refers to contract in which the franchisor gives the franchise system to the franchisee and in return, the franchisee is under certain obligations and pays a fee. Although franchise contracts have been very common in practice, nevertheless, these contracts are not regulated by any legislation in Turkey. This study examines franchise agreements in the light of Turkish law within the framework of doctrinal opinions. In the absence of specific legislation, this doctrinal research relies on secondary materials. It is found that franchise contract is commutative in nature which imposes mutual obligation on the contracting parties. The franchisor has the obligation to inform about the content of the franchise system in pre-contractual period, to provide the franchise system smoothly and to support the franchisee. The franchisee, on the other side, has the obligation to market the goods or services, to enjoy the franchise system, to tolerate supervision and to comply with instructions, to pay remuneration.
THE ELEMENTS OF TORT IN TURKISH LAW Ay, Yunus Emre
Indonesia Private Law Review Vol. 5 No. 2 (2024)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v5i2.3620

Abstract

 According to the Turkish Code of Obligations, one of the sources of obligation is tort. A tort is the damage caused to another person by an unlawful act of a negligent person with a causal link. As can be understood from the definition of tort, the elements of tort are unlawful act, damage, fault and causal link. The elements of tort are not defined in the Turkish Code of Obligations, but are defined by the authors in the doctrine. There is no prior contractual relationship between the parties to the tort. A legal relationship arises between the parties after the tort is committed. The emergence of this legal relationship depends on the realization of the elements of tort. Therefore, in this study, in order to better understand the concept of tort, definitions of the elements of tort shall be made and the contents of the elements of tort shall be explained in the Turkish Code of Obligations. After the definitions are made in the light of the doctrine, the elements of the tort shall be discussed with examples by referring to various sources. Thus, a study shall be conducted for a better understanding of the concept of tort. In this study, doctrinal research method shall be used to analyze the current legislation since it has been the most influential and dominant research method in the field of law in the past and present. It is concerned with the methodical search, analysis, explanation, and justification of the legal framework. This paper is also concerned with methodical search, analysis, explanation, and justification of the Turkish Code of Obligation which regulates tort law provisions. Primary and secondary sources are enjoyed and library based research is conducted. In this way, the provisions of the Turkish Code of Obligation which regulates the tort law shall be discussed in the light of the doctrinal discussion.
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