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SALES OF PERSONAL PROPERTY

SALES OF PERSONAL PROPERTY. DOMESTIC LAW TURKISH CODE OF OBLIGATIONS, 6098 ( Swiss Law ) TURKISH COMMERCIAL CODE, 6102 LAW ON CONSUMER PROTECTION. Commercial sales I nstallment sales S ales by sample. INTERNATIONAL LAW

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SALES OF PERSONAL PROPERTY

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  1. SALES OF PERSONAL PROPERTY

  2. DOMESTIC LAW • TURKISH CODE OF OBLIGATIONS, 6098 (SwissLaw) • TURKISH COMMERCIAL CODE, 6102 • LAW ON CONSUMER PROTECTION Commercial salesInstallmentsalesSalesbysample

  3. INTERNATIONAL LAW UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS/VIENNA CONVENTION, 1980 (CISG)

  4. As of January 2013, UNCITRAL reports that 78 States have adopted the CISG. • Türkiye • Accession07/07/2010 • Entryinto 1/08/2011

  5. DEFINITION • Contract of sale is a contract in whichthe seller is obligatedto deliver thepropertysoldtothebuyerandto transfer ownership (title) tohim in exchangeforpayment of theagreedprice. SELLER (VENDOR)--------------------BUYER (VENDEE/PURCHASER)

  6. PROPERTY Personalproperty/movablegoods (menkul/taşınır mal) Immovablegoods (taşınmaz mal/gayrimenkul) RETAILER<----------------------WHOLESALER/MANUFACTURER

  7. Basıcelements of a salescontract • Subjectmatter • Exchange • Transfer of ownership • Formalrequirements

  8. OBLIGATIONS OF THE SELLER • Delivery and Transfer of Ownership • Cost of Shipment • Warranty of Title • WarrantyRegardingDefects TRANSFER OF OWNERSHIP- Actual (physical) delivery of thesubjectmatter- Delivery of a document of titleorownership(warehousereceipt-bill of lading (B/L))

  9. A CONDITIONAL SALE (Mülkiyeti muhafaza kaydı ile satış) Contract + delivery of theproperty:Owner=The Seller • INTERIM DELIVERIES……FINAL/ACTUAL DELIVERY Therights of thebuyer: - a righttoinspectthegoods - tosend a noticeto seller regardingdefects

  10. THE OBLIGATIONS OF THE BUYER • Totakedelivery • Default of thebuyer

  11. BENEFITS AND RISKS

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