Assoc. Prof. Dr. M. Burak BULUTTEKİN
CONTENTS
PREFACE.7
ACKNOWLEDGEMENT 9
CONTENTS11
ABBREVIATIONS 15
INTRODUCTION 17
PRESENTATION AND IMPORTANCE OF THE
SUBJECT 17
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
IN GENERAL.23
OTTOMAN EMPIRE AND ECONOMICS.23
The Foundations of The Ottoman Economic System .24
Ottoman Production Structure 28
Ottoman Tax Practices34
III. OTTOMAN EMPIRE AND LAW38
MECELLE-I AHKÂM-I ADLIYYE 46
ISTANBUL ATIK ŞIKÂYET REGISTERS AND
AHKÂM REGISTERS.47
CHAPTER TWO
GENERAL REGULATIONS REGARDING THE CONTRACTS IN
THE OTTOMAN LEGAL AND ECONOMIC SYSTEM
IN GENERAL.53
CONCEPT OF CONTRACT 53
III. ELEMENTS OF CONTRACT55
Declaration of Intention 55
Parties57
Subject of Contract .59
TERMS OF CONTRACT60
Conditions of Establishment.61
Conformance of the Declarations of Intention .62
Capacity to Contract.62
Consent of the Parties.65
The Subject of the Contract Is Convenient and
Legal.67
Assembly Union .68
Validity Conditions.69
Enforcement Conditions .72
Binding Conditions.73
CLASSIFICATION OF CONTRACTS .74
Contracts According to Their Legitimacy 75
Contracts According to Their Validity75
Contracts According to Their Enforcement76
Contracts According to Their Binding76
Contracts According to Their Subject.77
Contracts According to Their Purpose78
Contracts According to Their Forms 78
Contracts According to Their Reciprocity79
Contracts According to Their Specificality 79
Contracts According to Their Indemnification
Responsibilities.80
NULLITY, MISCHIEF AND SUSPENSION IN
CONTRACTS .80
Void Contracts81
Vicious Contracts82
Conditional Contracts .85
VII. RIGHT OF OPTION IN CONTRACTS 86
Contractual Options87
Option for Misdescription.89
Option as to Payment90
Option as to Selection .90
Option as to Inspection .91
Option for Defect 92
VIII. PROVISION OF CONTRACTS.94
Expiration of Contract .95
Non-Binding Contract.96
Termination of Contract97
Mutual Rescission.99
CHAPTER THREE
THE SPECIAL CONTRACTS IN THE OTTOMAN LEGAL AND
ECONOMIC SYSTEM
IN GENERAL.103
ONEROUS CONTRACTS 104
Contract of Sale.104
Contract of Selem .112
Contract of Sarf.114
Contract of Hire 116
III. JOINT OWNERSHIP CONTRACTS 121
Gratuitous Joint Ownership Contract122
Joint Ownership of Property Contract 122
Partnership Contract125
Contract of the Partnership in Property 126
Contract of the Partnership of Work.128
Contract of the Partnership on Credit.130
Contract of Mudaraba Partnership 131
Contract of Partition137
GUARANTEE CONTRACTS.141
Contract of Custodian .141
Contract of Pledge.146
Contract of Transfer149
Contract of the Deposit for Safe Keeping.152
GIFT CONTRACTS 155
Contract of Grant 155
Contract of the Loan for Use 158
Contract of Qarz160
Contract of Testamentary164
Contract of Settlement 166
Contract of Release .170
CONCLUSION .175
REFERENCES181
