Transcript commercial affair

Dr. Özlem Döğerlioğlu IŞIKSUNGUR
Yasar Univesity- Lecture Notes
Spring 2012
[email protected]
CONCEPT
Ordinary affairs– commercial affairs
Commercial affairs are different from
ordinary affairs and subject to different
rules
COMMERCIAL AFFAIRS
A- NTCC Article 3
 The ones which are regulated in the NTCC
 The ones which are concerning the commercial
enterprise
B- NTCC Article 19- presumption
 The debt of the merchant is commercial. (19.1)

Exception for real person merchants
C- Affairs which is deemed commercial for one party
(19/2)
The contracts which are deemed as commercial for one
party, shall be accepted as commercial for the counter
party
The Affairs Regulated in NTCC
 The affairs regulated in the NTCC, shall be deemed as
“commercial” whether it is related to commercial
enterprise or not—absolute commercial affair
 Example
 Affairs concerning bill of exchange
 Affairs concerning unfair competition
Affairs concerning commercial
enterprise
These are:
 All prosedure and acts that take place in the other Acts
(Laws-Codes) and that pertain to the commercial
enterprise
 All acts of the commercial enterprise
 Example:



A merchant buys machines to use in the commercial
enterprise
To rent an office to use as a pharmacy
To give power of attorney to a lawyer concerning a dispute
derived from commercial enterprise.
Presumption of “commercial
affair”
Real Person Merchant
Legal Person Merchant
 Two conditions are necessary to
 All of the affairs of the legal
be deemed as ordinary
 Explicitly declaration of the
counter party

Ex. Purchasing washing
machine for personal usage
 As the case may be


Ex. Puchasing washing
machine, (there is no explicitly
declaration) but the delivery
address is home address.
Owner of the factory buys
furniture for home usage.
(owner of the factory is
consumer)
person merchant are
commercial
 Ex. Company, rents a
property for the employees’
usage.
What happens if the affair is accepted as
commercial for one party and ordinary for
the counter party?
 NTTC 19.2
 Unless otherwise provided in the NTCC, any contract
that has commercial character for one party shall be
deemed as commercial for the counter party
 Ex. Sales contract between merchant and civil servant
 Conditions


Contract
Unless otherwise provided in the NTCC
 If Relationship between the parties derived from tort or
unjust enrichment, this provision is not applicable
Question
 Merchant A buys furniture from merchant B basing on
a sales contract
 Merchant A says that he buys this furniture for his
home
 Question: Is this affair commercial for both parties?
CONSEQUENCES OF COMMERCIAL
AFFAIRS
 Validity of Presumption of solidarity (joint and several
obligation) concerning the commercial affairs
Application of commercial interest
Freedom Principle in the drafting of commercial
contracts
Legal limitation periods
Presumption of solidarity
 joint and several liability concerning the commercial
affairs
Article 7 of NTCC
INTEREST
 Concept of “interest”
 Definition: A fee which one party pays to the counter
party (in return for deprivation of the usage of money
for a specific period ), for the privilege of using
borrowed money
TYPES OF INTEREST
 Capital interest
 Default interest
 Simple interest
 Compound interest
 Legal interest
 Conventional interest