Hüseyin Can Aksoy

Bilkent University · Faculty of Law

Çerezler, Avrupa Birliği‟nde 2002/58/EC sayılı Direktif (E-Gizlilik Directifi) ile özel olarak düzenlenmektedir. Ancak, teknojik gelişme ve modern ihtiyaçlara cevap veremeyen bu düzenlemenin yakın bir gelecekte yerini E-Gizlilik Tüzüğüne bırakması beklenmektedir. E-Gizlilik Tüzüğü, Genel Veri Koruma Tüzüğü‟nün elektronik haberleşme sektöründeki yan...

Günümüzde baraj, enerji santrali, telekomünikasyon hizmetleri gibi büyük ölçekli yatırımların finansmanı genellikle kredi konsorsiyumları, diğer adıyla sendikasyonlar tarafından sağlanmaktadır. Sendikasyon kredilerinde, kredi veren tarafında birden çok kredi kuruluşu yer almakla birlikte, kredi verenler, kredi alacağının tamamını güvence altına ala...

İsviçre hukukunda ceza koşulunun borçlunun kusuruna bağlı olduğu konusunda neredeyse görüş birliği bulunmaktadır. Türk hukukunda ise ceza koşulu ve kusur arasındaki ilişki tartışmalıdır. Zira kimi yazarlar, cezanın yalnızca borçlunun kusuruyla borca aykırı davrandığı hallerde istenebileceğini kabul ederken, diğer bir görüşe göre cezanın istenebilme...

Good faith is a blanket clause under which courts develop standards of fair and honest behavior. It gives ample discretion to the judiciary and entitles a court to narrow down the interpretation of statutes or contracts and even to deviate from codified rules, from the wording in the law or the contract or to fill gaps. The law and economics litera...

Good faith is a principle prominent in civil law countries but less so in common law countries, and which allows courts to deviate from black letter law. It provides them with flexibility to change the outcome of a deductive legal decision if they regard it as absurd. The principle of good faith thus empowers the judiciary to deviate. It can be use...

There is a consensus that impossibility covers the situations where performance of the obligation is physically impossible. Since the assessment of physical impossibility is quite easy, it is recognized in German, Swiss and Turkish laws as a reason, which eliminates the primary claim. Similarly, such cases may constitute impediment under Unificatio...

This chapter of the study summarizes the fundamental findings, evaluations and recommendations concerning different types and scope of impossibility.

The Swiss Code of Obligations (OR) has been influential on legal systems of many countries, including Turkey. In fact, in 1926 the Turkish lawmakers decided to adopt the OR with very minor changes. Although Turkey made a reform of law of obligations in 2011, the provisions of the OR and Turkish Code of Obligations are still significantly similar. M...

Civil lawyers have a tendency to classify the types of non-performance and their sub-categories. However, these can never be classified in a way to cover all specific cases. Therefore, ideally impossibility must be determined by a reasonableness test. Within this stance, in each specific case it must be investigated if performance cannot reasonably...

Following the elimination of national borders, globalization has increased the importance of cross-border trade. Unification of law, especially the contract law, is a result of the necessities of international trade. Unification Instruments accept the strict-liability regime of the common law systems. In case of non-performance, the debtor is stric...

In 2002, Germany reformed its law of obligations (Schuldrechtsreform) and amended the German Civil Code (BGB) dated 1 January 1900. The 2002 amendments, which are considered the most important reform of the BGB since its enactment, have dramatically changed German law. One of the most significant changes is in the field of impossibility. In fact, G...

This chapter of the study summarizes the fundamental findings, evaluations and recommendations concerning the use of impossibility as a dogmatic concept.

This chapter of the study summarizes the fundamental findings, evaluations and recommendations concerning the legal results of impossibility.

This book provides an analysis of the treatment of impossibility in modern private law. The author explains the regulation of impossibility in German, Swiss and Turkish laws with a comparative analysis of the subject under (i) the United Nations Convention on International Sale of Goods (CISG), (ii) UNIDROIT Principles of International Commercial C...

The principle of pacta sund servanda requires that agreements must be kept. However such rule is not absolute. When performance of a contractual obligation becomes impracticable, i.e., considerably more burdensome (expensive) than originally contemplated –albeit physically possible- due to an unexpected event, this would lead to adaptation of the c...

Impossibility is a concept dating back to Roman law. Therefore at first sight it seems that there is really not much to write about impossibility anymore. However, the treatment of impossibility in the modern private law and the reactions of national lawmakers (specifically, German, Swiss and Turkish lawmakers) to such treatment show that impossibi...

Modern legal systems, including Unification Instruments, do not use impossibility as a dogmatic concept. Within this stance, German, Swiss and Turkish laws appear as exceptions to the modern legal trend. Nevertheless, cases of impossibility constitute a sub-category within the exemption provisions of Unification Instruments. Considering that Unific...

Good faith is a principle prominent in civil law countries but less so in common law countries, and which allows courts to deviate from black letter law. It provides them with flexibility to change the outcome of a deductive legal decision if they regard it as absurd. The principle of good faith thus empowers the judiciary to deviate. It can be use...

Common European Sales Law ("CESL") is not the first legal instrument directed at the formation of a uniform legal regime applicable to international commercial sales. Not surprisingly its scope overlaps with the scope of the already existing United Nations Convention on Contracts for the International Sale of Goods ("CISG"), which is the default cr...

We argue that the proposed introduction of the doctrine of economic impossibility in Article 137 of the reform draft of the Turkish Code of Obligations is in line with economic considerations and facilitates business transactions. This new rule gives courts the explicit power to terminate a contract and relieve the party, which owes specific perfor...

This article deals with the right lying at the core of personal data. It is widely accepted in continental European law that data protection serves and supports the individual's right to personality. However, it is debatable to which of the different manifestations of the general right to personality that data protection is related. In this context...