Differences And Similarities Between The Unidroit Principles Of International Commercial Contracts 2010 And National Laws: The Turkish Perspective

Abstract

This research deals with comparisons between the UNIDROIT Principles on International Commercial Contracts, 2010 with the Turkish Code of Obligations (TCO), No. 6098 of 2011. The author examines several legal concepts of the TCO in the light of UNIDROIT Principles 2010 and tries to analyze the similarities and differences between the Principles and the national law. The research has been devoted to show that Turkish law of obligations is in harmony with the UNIDROIT Principles. In this context “general principles of the law of obligations (freedom of contract, party autonomy), conclusion and interpretation of contract, agency, grounds for avoidance (mistake, fraud, threat, gross disparity), illegality (infringement of mandatory rules), third party rights, conditions, performance and non-performance, hardship, right to terminate the contract, set-off, assignment of rights and contract, transfer of obligations, plurality of obligors and of obligees have been examined. The author is of the opinion that current TCO and the Turkish Commercial Code are in comply with many UNIDROIT Principles, and the Turkish doctrine on Law of Obligations inclines towards the solutions in the Principles. The amendments and additions to the Principles 2016 have not been taken into account as the research was made in 2014.