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ISSN: 2333-9721
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-  2018 

The Problem of Risk According to the United Nations Convention on Contracts for the International Sale of Goods (CISG) and Comparison with the Turkish Code of Obligations

Keywords: Türk Bor?lar Kanunu,CISG,Sat?? s?zle?mesi,Hasar?n ge?i?i,Bedel hasar?,Edim hasar?

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Abstract:

The study examines the risk problem in light of the United Nations Convention on Contracts for the International Sale of Goods (CISG), and the comparative relationship between CISG and the Turkish Code of Obligations (Law No: 6098). In this study we examine the concept of risk and also explain the concepts of performance risk and price risk. CISG has been influenced by many legal systems, such as Roman, Swiss, French, and German Laws, prior to its appearance on the legal platform. Thus, solutions to the risk problem, pertaining to the legal system, have been considered. An important part of this study is concerned with the examination of art. 66-70 of the CISG which address the regulation of the risk problem. In the last part of this study, a comparison is made between CISG’s view of the passing on of risk, and Turkish law

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