Author/Authors :
özbilen, arif barış bilkent üniversitesi - hukuk fakültesi - medenî hukuk ana bilim dalı, Turkey
Title Of Article :
İsteğe Bağlı Açık Artırma Yoluyla Yapılan Satışlarda Müzayede Evlerinin Türk Borçlar Kanunu Hükümleri Çerçevesinde Ayıptan ve Zapttan Doğan Sorumluluğu ve Bu Sorumluluğu Ortadan Kaldıran Anlaşmalar
Abstract :
In sales at voluntary public auction, the auction houses have the same liability as in any other sale, which means that they are liable to the buyer for any breach of warranty of quality and for any defects that would materially or legally negate or substantially reduce the value of the object and they are obliged to transfer the purchased goods to the buyer free from any rights enforceable by third parties against the buyer that already exist at the time the contract is concluded. However, the auction houses may disclaim in the lot description any warranty obligation with the exception of liability for intentional deceit. This essay is aimed to present the conditions of the quality warranty and those of warranty of title in sales at voluntary public auction and also the validity conditions of agreements purporting to exclude liability of the auction houses.
NaturalLanguageKeyword :
Voluntary public auction sale , Warranty of quality and fitness , Warranty of title , Exclusion of liability
JournalTitle :
Hukuk Araştırmaları Dergisi