Author
Ahmet Akman
Publication Place
Ankara University -
Ankara University
Subject
Islamic law
Type
Book
Language
ara,tur
Digital
Yes
Manuscript
No
Library
Leitir Library
Library Asset ID
ISSN: 1301-0522, DOI: 10.33227/auifd.1002080
Record ID
cdi_doaj_primary_oai_doaj_org_article_2bcbf9a63f5e4479aa4883239b9cc658
Library Location
DOAJ Directory of Open Access Journals
Notes
In the Turkish Code of Obligations, sale on condition of liking is defined as a sale made on the condition that the buyer likes the product by trying or reviewing it. In this type of sales contract, the buyer has complete freedom to accept or reject what is sold. If the will is in the direction of liking it, it will have provisions and results as a valid sales contract. The buyer has a voluntary right to delay, subject to the condition of liking it. During the waiting period, the rights and obligations of the parties are in question. During this period, the buyer may have obtained some benefits from the goods. When his will is positive, he continues to have them, otherwise he will have to return them. The sales contract with the condition of approval is regulated under articles 249-252 of the Turkish Code of Obligations. The definition of this type of sales is art. It is given in 249. According to this article, "Sale with the condition of liking is a sale made on the condition that the buyer likes the product by trying or reviewing it." Again, the law determines the rights and obligations of the parties in Article 250. Accordingly, "In sales with the condition of liking, the buyer is free to accept the sold item or return it without giving any reason. Even if the sold item is in the possession of the buyer, the ownership of the sold item remains with the seller until the condition of liking is met." It is possible to see a similar institution in Islamic law and Mecelle. Mecelle uses two concepts for this type of contract: Sevm-i şirāʾ and sevm-i naẓar. Especially the first of these is similar to selling on the condition of liking in many respects. In this type of contract, the delivery of the goods is subject to the condition of liking. In addition, the price was determined and agreed upon between the parties. This particularity regarding the price is decisive in the damage of the sold item. It is important that the price is discussed and agreed upon in the sales contract through sevm-i şirāʾ. In addition, the buyer must receive the goods according to Mecelle art. It was stated in 298. Mecelle art. Sevm-i naẓar, organized in 299, focused on seeing the goods and showing them to others. The responsibility in this second case, unlike the first one, is evaluated within the scope of trust. Considering the differences between sevm-i şirāʾ and naẓar, it stands out that sevm-i şirāʾ is significantly similar to the sales provisions on condition of liking in Turkish law. The most important of these similarities, according to the general view, is that the sales contract with the condition of approval is concluded despite the delaying condition, and the damage passes to the buyer upon delivery, as in sevm-i shirā. The study mainly deals with the subject in terms of Mecelle and Islamic law, and makes comparisons with Turkish Law in terms of the essence of the subject at important points of difference and similarity.
Detaylı Başlık
İslam Hukuku, Mecelle ve Türk Hukukunda Beğenme Şartıyla Satış Üzerine Bir İnceleme
