The Contracts In The Ottoman Legal And Economıc Systems (9786050515923)

PREFACE 7 ACKNOWLEDGEMENT 9 CONTENTS 11 ABBREVIATIONS 15 INTRODUCTION 17
I. PRESENTATION AND IMPORTANCE OF THE SUBJECT 17
II. PURPOSE AND LIMITS OF THE STUDY 18
III. SCOPE AND PLAN OF THE STUDY 20
CHAPTER ONE POSITION OF THE CONTRACTS WITHIN OTTOMAN LEGAL AND ECONOMIC SYSTEMS
I. IN GENERAL 23
II. OTTOMAN EMPIRE AND ECONOMICS 23
A. The Foundations of The Ottoman Economic System 24
B. Ottoman Production Structure 28
C. Ottoman Tax Practices 34
III. OTTOMAN EMPIRE AND LAW 38
IV. MECELLE–I AHKÂM–I ADLIYYE 46
V. ISTANBUL ATIK ŞIKÂYET REGISTERS AND AHKÂM REGISTERS 47
CHAPTER TWO GENERAL REGULATIONS REGARDING THE CONTRACTS IN THE OTTOMAN LEGAL AND ECONOMIC SYSTEM
I. IN GENERAL 53
II. CONCEPT OF CONTRACT 53
III. ELEMENTS OF CONTRACT 55 A. Declaration of Intention 55 B. Parties 57 C. Subject of Contract 59
IV. TERMS OF CONTRACT 60 A. Conditions of Establishment 61
1. Conformance of the Declarations of Intention 62
2. Capacity to Contract 62
3. Consent of the Parties 65
4. The Subject of the Contract Is Convenient and Legal 67
5. Assembly Union 68 B. Validity Conditions 69 C. Enforcement Conditions 72 D. Binding Conditions 73
V. CLASSIFICATION OF CONTRACTS 74
A. Contracts According to Their Legitimacy 75
B. Contracts According to Their Validity 75
C. Contracts According to Their Enforcement 76
D. Contracts According to Their Binding 76
E. Contracts According to Their Subject 77
F. Contracts According to Their Purpose 78
G. Contracts According to Their Forms 78
H. Contracts According to Their Reciprocity 79
I. Contracts According to Their Specificality 79 J. Contracts According to Their Indemnification Responsibilities 80
VI. NULLITY, MISCHIEF AND SUSPENSION IN CONTRACTS 80
A. Void Contracts 81
B. Vicious Contracts 82
C. Conditional Contracts 85
VII. RIGHT OF OPTION IN CONTRACTS 86
A. Contractual Options 87
B. Option for Misdeion 89
C. Option as to Payment 90
D. Option as to Selection 90
E. Option as to Inspection 91
F. Option for Defect 92
VIII. PROVISION OF CONTRACTS 94
IX. Expiration of Contract 95 A. Non–Binding Contract 96 B. Termination of Contract 97 C. Mutual Rescission 99
CHAPTER THREE THE SPECIAL CONTRACTS IN THE OTTOMAN LEGAL AND ECONOMIC SYSTEM
I. IN GENERAL 103
II. ONEROUS CONTRACTS 104
A. Contract of Sale 104
B. Contract of Selem 112
C. Contract of Sarf 114
D. Contract of Hire 116
III. JOINT OWNERSHIP CONTRACTS 121
A. Gratuitous Joint Ownership Contract 122
B. Joint Ownership of Property Contract 122
C. Partnership Contract 125
1. Contract of the Partnership in Property 126
2. Contract of the Partnership of Work 128
3. Contract of the Partnership on Credit 130 D. Contract of Mudaraba Partnership 131 E. Contract of Partition 137
IV. GUARANTEE CONTRACTS 141
A. Contract of Custodian 141
B. Contract of Pledge 146
C. Contract of Transfer 149
D. Contract of the Deposit for Safe Keeping 152
V. GIFT CONTRACTS 155
A. Contract of Grant 155
B. Contract of the Loan for Use 158
C. Contract of Qarz 160
D. Contract of Testamentary 164
E. Contract of Settlement 166
F. Contract of Release 170 CONCLUSION 175 REFERENCES 181