Summary
Highlights
Defines Law of Obligations as a branch of private law. Key principles include: Relativity (nispiyeti), Good Faith (dürüstlük), Consideration (ivaz), Liability for Fault (kusurlu sorumluluk), Freedom of Will, prohibition of contract against a third party, and the general rule of performance at the debtor's location.
A debt relationship consists of three elements: the creditor, the debtor, and the performance (edim). Edim is defined as the behavior the debtor must perform or refrain from doing.
Distinguishes between a formal offer (icap) and an invitation to offer (icaba davet). Also outlines the three sources of debt: legal acts (contracts), tortious acts (haksız fiil), and unjust enrichment (sebepsiz zenginleşme).
Discusses how debt ends: performance (ifa), remission (ibra), novation (yenileme/tecdit), coalescence (birleşme - same person being both creditor and debtor), supervening impossibility (kusursuz imkansızlık), and set-off (takas). Notes that death does not terminate a debt.
Explains that the statute of limitations (10 years for general debts) does not terminate the debt itself but renders it an 'incomplete debt' (eksik borç) that cannot be enforced via the state. Emphasizes that liability in the legal system is limited to an individual's assets, not their personhood.