A Comparison of the Mecelle and the French Civil Code in the Context of the Pre-Delivery Right of Disposition and Damages Provisions

Name: A Comparison of the Mecelle and the French Civil Code in the Context of the Pre-Delivery Right of Disposition and Damages Provisions
Author: İlknur Yaşar Bilicioğlu

İsim	A Comparison of the Mecelle and the French Civil Code in the Context of the Pre-Delivery Right of Disposition and Damages Provisions
Yazar	İlknur Yaşar Bilicioğlu
Konu	Islamic law
Tür	Kitap
Dil	Arapça
Dijital	Evet
Yazma	Hayır
Kütüphane:	Danimarka Kraliyet Kütüphanesi
Demirbaş Numarası	EISSN: 2717-6967, DOI: 10.26650/iuitd.2023.1280695
Kayıt Numarası	cdi_doaj_primary_oai_doaj_org_article_48f35003bdda48b2a2fc74a21480e236
Lokasyon	DOAJ Directory of Open Access Journals
Notlar	This article focuses on the pre-delivery disposition and damage provisions stipulated by the Mecelle (Ottoman Empire’s Islamic civil code) for sales contracts and compares them with the French Civil Code. The study then examines the works of the amendment commissions that focus on provisions for disposition and damages in terms of their connection with the French Civil Code. The criticisms that the Mecelle has been exposed to are closely related to the legal concept imposed by the French Civil Code. The Mecelle has been heavily criticized both during and after its implementation in terms of pre-delivery disposition and damage provisions. The fact that the Mecelle especially limited the sale of movable goods and left responsibility for damages to the seller was perceived as a serious problem in terms of the functioning of commercial law. The French Civil Code makes no mention of the delivery condition for goods being subjected to a new sale. Therefore, the French Civil Code provides a much more risk-free and profitable contract opportunity, especially for the trader. On the other hand, the customer faces the risk of losing the price sum along with the goods. The provisions on disposition and damage can be said to have been first criticized foreigners, then by Ottoman jurists who’d adopted Western legal concepts before finally making use of the fatwas of the four schools to amend the provisions on disposition alongside other provisions that were claimed to not meet the needs of the age. This study consists of an attempt to examine the need for amending the Mecelle in terms of the function and economic acceptances of its civil code rather than discussing the boundaries of the Hanafi school.
Görüntüle	İslam tetkikleri dergisi, 2024-03, Vol.14 (1), p.171-198

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A Comparison of the Mecelle and the French Civil Code in the Context of the Pre-Delivery Right of Disposition and Damages Provisions

Yazar İlknur Yaşar Bilicioğlu

Konu Islamic law

Tür Kitap

Dil Arapça

Dijital Evet

Yazma Hayır

Kütüphane Danimarka Kraliyet Kütüphanesi

Demirbaş Numarası EISSN: 2717-6967, DOI: 10.26650/iuitd.2023.1280695

Kayıt Numarası cdi_doaj_primary_oai_doaj_org_article_48f35003bdda48b2a2fc74a21480e236

Lokasyon DOAJ Directory of Open Access Journals

Notlar This article focuses on the pre-delivery disposition and damage provisions stipulated by the Mecelle (Ottoman Empire’s Islamic civil code) for sales contracts and compares them with the French Civil Code. The study then examines the works of the amendment commissions that focus on provisions for disposition and damages in terms of their connection with the French Civil Code. The criticisms that the Mecelle has been exposed to are closely related to the legal concept imposed by the French Civil Code. The Mecelle has been heavily criticized both during and after its implementation in terms of pre-delivery disposition and damage provisions. The fact that the Mecelle especially limited the sale of movable goods and left responsibility for damages to the seller was perceived as a serious problem in terms of the functioning of commercial law. The French Civil Code makes no mention of the delivery condition for goods being subjected to a new sale. Therefore, the French Civil Code provides a much more risk-free and profitable contract opportunity, especially for the trader. On the other hand, the customer faces the risk of losing the price sum along with the goods. The provisions on disposition and damage can be said to have been first criticized foreigners, then by Ottoman jurists who’d adopted Western legal concepts before finally making use of the fatwas of the four schools to amend the provisions on disposition alongside other provisions that were claimed to not meet the needs of the age. This study consists of an attempt to examine the need for amending the Mecelle in terms of the function and economic acceptances of its civil code rather than discussing the boundaries of the Hanafi school.

Görüntüle İslam tetkikleri dergisi, 2024-03, Vol.14 (1), p.171-198