Periculum : The Transfer of the Damage in the Sales Agreement with regard to Turkish Law

Abstract

Here in this paper, we will discuss the roots of the regulations of periculum in Turkish Law of Sale in regards of Roman Law. The question is; has the purchase price to be paid although the thing sold has perished (or deteriored) because of the events which neither of the parties can be held liable by the other? Roman law lets the risk pass from the vendor to the buyer upon the completion of the sale. Within this paper, we will look into the resolution of Turkish law concerning this problem as we are pointing out the influence of Roman law. Therefore, it will be helpful to explain this problem at first; then we will examine the situation in the former Turkish Code of Obligations, and finally, we will look closely through the new Turkish Code of Obligations with regards to this matter.