Medeni hukukta ve rekabet hukukunda sözleşme yapma zorunluluğu
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Date
2008
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Sosyal Bilimler Enstitüsü
Abstract
The purpose of this thesis is to determine the principles of the restriction on freedom of contract and try to explain how this restrictions can be used with regard to some specific areas like civil law or competition law. Duty to contract is an exception of freedom of contract.The dominant economic system of our era is liberal economic system. Liberal economic system?s roots goes to private property, market economy an freedom of contract. On the other hand freedom of contract is one of the most essential principles of modern law systems. So it can be said that freedom of contract is one of the chief principles of juridical and economic decisions. In first part of our thesis we tried to show the historic and active story of freedom of contact.However freedom of contract had been used against the weak side of the economic or juridical relation. This gave way to restrictions of freedom of contract. The state bring out protective regulations in especially the fields that weaks need to be protected. Consumers law and labor law cen be examples of theese fields. And some rules in theese fields set the obligation to contract with the weak people. In second part of thesis we tried draw the limits of freedom of contract.In third and the last part of this thesis is seperated to the obligation to contract in civil law and in competition law. We agree with the doctrine on the idea that, there can be a general duty for monopolies to contract with rivals or consumers when some strict criterias are procured. But it should never be forgotten that obligation to contract is a very exceptional condition of freedom of contract.
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Sözleşme Serbestisi