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“COMMERCIAL AFFAIRS”. Dr. Özlem Döğerlioğlu IŞIKSUNGUR Yasar Univesity- Lecture Notes Spring 2012. ozlem@dogerlihukuk.com. CONCEPT. Ordinary affairs– commercial affairs Commercial affairs are different from ordinary affairs and subject to different rules. COMMERCIAL AFFAIRS.

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commercial affairs

“COMMERCIAL AFFAIRS”

Dr. Özlem Döğerlioğlu IŞIKSUNGUR

Yasar Univesity- Lecture Notes Spring 2012

ozlem@dogerlihukuk.com

concept
CONCEPT
  • Ordinary affairs– commercial affairs
  • Commercial affairs are different from ordinary affairs and subject to different rules
commercial affairs1
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 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
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
Presumption of “commercial affair”

Real Person Merchant

Legal Person Merchant

  • Two conditions are necessary to 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)
  • All of the affairs of the legal person merchant are commercial
    • Ex. Company, rents a property for the employees’ usage.
slide7
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
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
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
Presumption of solidarity
  • joint and several liability concerning the commercial affairs

Article 7 of NTCC

interest
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
TYPES OF INTEREST
  • Capital interest
  • Default interest
  • Simple interest
  • Compound interest
  • Legal interest
  • Conventional interest