This book introduces readers to the main principles of Turkish contract law, and particularly analyzes the general provisions of the Turkish Code of Obligations. Moreover, in order to illuminate certain key subjects, it discusses selected provisions of the Turkish Civil Code, the Turkish Commercial Code and the Turkish Bankruptcy and Enforcement Law. Intended to provide a comprehensive and clear overview of Turkish contract law, the book seeks to avoid contentious arguments and explains the subjects with the help of simple examples.

This book introduces readers to the main principles of Turkish contract law, and particularly analyzes the general provisions of the Turkish Code of Obligations. Moreover, in order to illuminate certain key subjects, it discusses selected provisions of the Turkish Civil Code, the Turkish Commercial Code and the Turkish Bankruptcy and Enforcement Law. Intended to provide a comprehensive and clear overview of Turkish contract law, the book seeks to avoid contentious arguments and explains the subjects with the help of simple examples.

Due to the globalized nature of modern commerce, arbitrators and legal counsel are often required to interpret contracts according to the rules of legal systems that are different from their own. Thus a thorough comparative examination of the principles of interpretation of contracts in major legal systems and uniform laws, such as this indispensable book provides, becomes an essential resource. The book examines the principles of contract interpretation found in seven legal systems—French, Italian, German, Swiss, Turkish, English, and U.S.—as well as in all applicable uniform laws, drawing on the case law and scholarship aligned with each. In addition to texts intended to unify or harmonize the law at a global level, the European Union’s uniform law texts, which constitute an important reference model for regional codifications, are also presented. The terminology peculiar to each system has been preserved in its language. Specific issues and topics raised include the following: “subjective” versus “objective” interpretation; historical reasons for basic differences in the approaches of individual legal systems; the principle of freedom of contract; good faith and fair dealing; rules that restrict the interpretation of contracts; and commercial usages. The author’s systematic presentation culminates in a proposal of a practical and universal method of interpretation of contracts. Given the importance of the interpretation of contracts in cross-border transactions, every practitioner of international arbitration will welcome this incomparable book’s easy access to the essential literature and case law in the legal systems and uniform laws they are most likely to encounter. Corporate counsel, scholars, and academics will discover the only detailed comparative overview available of the theory and practice of the interpretation of contracts.

A desk reference for lawyers and their clients faced with the prospect of litigation in foreign jurisdictions, this book is a guide to the civil procedure rules and practices in thirty-two major countries and in the European Community. Local rules relating to arbitration and, where available, mediation are also covered.

Executory Contracts in Insolvency Law offers a unique, comprehensive, and up-to-date transnational study of the topic, including an analysis of certain countries which have never previously been undertaken in English. Written by experts in the field, with extensive experience of both research and professional experience, this is a groundbreaking investigation into the philosophies and rationales behind the different policy choices adopted and implemented by a range of over 30 jurisdictions across the globe.

This book discusses how UNIDROIT principles are viewed and interpreted in different countries, presenting various perspectives and practical lessons learned. It also offers a detailed analysis of the use of the UNIDROIT principles to interpret and supplement domestic contract law. Written by experts in the field, it provides insights into how the principles are being used and applied in their respective countries. The findings are also summarized in a General Report that was presented at the 20th IACL General Congress in Fukuoka, Japan.

In this volume, the Project Group "Restatement of European Insurance Contract Law" presents its Principles of European Insurance Contract Law (PEICL). These principles were submitted to the European Commission as a Draft Common Frame of Reference of European Insurance Contract Law (DCFR Insurance). The volume comprises the PEICL/DCFR Insurance, as well as translations into Czech, Dutch, French, German, Greek, Hungarian, Italian, Polish, Portuguese, and Spanish. It sets out the approach used by the Project Group, how the PEICL/DCFR Insurance relates to the overall DCFR, the participation of the Project Group in the CoPECL (Common Principles of European Contract Law) Network, as well as the general structure and characteristics of the PEICL/DCFR Insurance. The Project Group has also drafted the PEICL/DCFR Insurance as a model for an Optional Instrument of European Insurance Contract Law.

This book discusses the principles and rules of general contract law in England & Wales. It examines the key points and rules of contract law, starting with the formation of the contract and ending with the remedies for breach of contract. In this it follows the structure most used in contract law modules at universities. Please also note that this book takes into account developments of the law up until July 2021. Contract law is a core module in legal higher education in the UK. Contract law is also an important basis for many other law modules including maritime law, company law, commercial law, and arbitration law. This book gives a clear oversight of the main issues of key contract law topics. It summarises the issues in a concise and precise manner and uses practical examples throughout to clarify how the law is applied. Key cases are used to explain and illustrate the principles of the law. This book is an ideal companion guide for exam revisions. The chapters follow a question-and-answer model that makes it easy to find information on a specific issue. The chapters end with a problem-solving scenario on key issues of the topic and a list with key cases which will be helpful in preparing for examinations. At the end of the book, you find a further reading list and a set of sample multiple-choice questions which can be used to help prepare for the first stage of the SQE examination that will be introduced in September 2021. “Contract Law is generally taught as a first-year subject which could be a daunting subject. This book helps students to revise this subject effectively as it brings together all key areas of contract law that a student should be familiar with when preparing for examinations, drafting coursework, and preparing for seminars. It examines the key points and rules of contract law, starting with the formation of the contract and ending with the remedies for breach of contract. The book is written in plain language in the form of questions and answers. It is detailed without being too long, succinct but covers all key cases and developments in the area. The multiple-choice questions at the end of the book are very beneficial for students preparing for the SQE and exams that follow a similar format. I would recommend this book wholeheartedly.” – Dr Aysem Diker Vanberg, Lecturer in Law, Goldsmiths, University of London CONTENTS: Abbreviations About the author Foreword CHAPTER I Introduction CHAPTER II Offer and Acceptance CHAPTER III Intentions to Create Legal Relations & Certainty CHAPTER IV Consideration & Promissory Estoppel CHAPTER V Rights of Third Parties CHAPTER VI Capacity CHAPTER VII Terms of the Contract CHAPTER VIII Exemption Clauses and Unfair Terms CHAPTER IX Duress and Undue Influence CHAPTER X Misrepresentation CHAPTER XI Mistake CHAPTER XII Frustration CHAPTER XIII Breach of Contract and Remedies SUMMARY: SAMPLE MULTIPLE CHOICE QUESTIONS ANSWERS RECOMMENDED READING LIST INDEX

Encompassing all the major fields of legal practice, Introduction to Turkish Law provides an essential understanding of the Turkish legal system, so that users can become familiar with law and legal processes in Turkey and pursue further research on specific Turkish legal matters. Twelve chapters, written by Turkish experts in their areas of specialty, focus on particular fields and provide also the Turkish equivalents of English terminology. The book covers the following topics: * sources of Turkish law; * constitutional law; * administrative law; * legal persons and business associations; * family and inheritance matters; * property; * obligations; * criminal law; and * the laws of civil and criminal procedure. The sixth edition reflects the continuing adaptation of Turkish law to international standards - especially in light of Turkey's hopes for membership in the European Union. These aspirations forced the Turkish lawmakers to modify some basic laws intensively or change them entirely. A short updated list of books and articles in English on Turkish law is appended.

This book explores various approaches around the world regarding price term control, and particularly discusses the effectiveness of two major paths: ex ante regulatory and ex post judicial intervention. Price control and its limits are issues that affect all liberal market economies, as well as more regulated markets. For the past several years, courts in many different countries have been confronted with the issue of whether, and to what extent, they should intervene regarding price-related terms in standard form contracts – especially in the area of consumer contracts. Open price clauses, flat remunerations, price adjustment clauses, clauses giving the seller/supplier the right to ask for additional payments, bundling or partitioning practices, etc.: a variety of price related terms are used to manipulate customers’ choices, often also by exploiting their behavioral biases. The result is an unfavorable contract that is later challenged in court. However, invalidating a given price term in standard forms e.g. of a banking or utilities contract only has an inter partes effect, which means that in thousands if not millions of similar contracts, the same clauses continue to be used. Effective procedural rules are often lacking. Therefore, pricing patterns that serve to hide rather than to reveal the real cost of goods and services require special attention on the part of regulators. The aim of this book is to determine the various approaches in the world regarding price term control, and particularly to discuss the efficiency of both paths, ex ante regulatory and ex post judicial intervention. Thanks to its broad comparative analysis, this book offers a thorough overview of the methods employed in several countries. It gathers twenty-eight contributions from national rapporteurs and one supra-national rapporteur (EU) to the 2018 IACL Congress held in Fukuoka. These are supplemented by a general report presented at the same IACL Congress, which includes a comparative analysis of the national and supranational reports. The national contributors hail from around the globe, including Africa (1), Asia (5), Europe (17), the European Union (1) and the Americas (5).