Irrevocable Sale Contract in the Registers of Izmir Kadi Court

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Sale contracts (bey’) in private law of Ottoman Empire, like other cases, had been registered to Shari’a Court Records. In current legal history studies, the reading of Ottoman Shari’a Courts’ Records (Şer’iyye Registers/Records) has a particular importance. The records of each city of the Empire are being studied by different researchers and are introduced to the literature of law. The purpose of this article is to evaluate the contracts of purchase and sale (emptio venditio) of Shari’a Courts’ Records of a major port city of Ottoman Empire, İzmir. Thus we consider that there will be the opportunity to make a comparison with the records of other cities. Different court records as selected examples as well as the theoretical information such as the definition, elements and legal nature of a sale contract, the establishment of the contract, types of sale contracts and invalidity of contract has been explained. Analyzing/Reading of the records not only gives the legal information related to the period to which it belongs but also clarifies the ancient names of places/ neighborhoods, locations, the prices of real estates, relevant social and economic situations and movements.

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Sales contract , irrevocable sales , property sales , shop sales , purchase of shares , foreclosure sales , disposal (transfer of an interest).

Hukuk Araştırmaları Dergisi

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Hukuk Araştırmaları Dergisi