Türk Hukukunda banka kredisi kavramı ve buna bağlanan sonuçlar
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Date
2009
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Sosyal Bilimler Enstitüsü
Abstract
Under economic terms, credit is generally defined as the transfer of purchasing power that is obtained by loan contracts. However this general understanding of credit does not fit bank credits due to two different aspects. First of all, the subject of bank credit contracts are not only the purchasing power, but also the risk which is carried by lending bank. Secondly other than loan conracts, contracts constituting bank credit diverse in legal nature, such as sales contracts, guarantees and indemnities. Therefore the legal elements of bank credit have to be determined in order to provide legal security and fair business practices among the competing banks.In this study, taking into account of the provisions of Turkish Banking Act; credit and/or market risk, contract and time are put forth for consideration as the legal elements of bank credit. The contracts including credit risk are named as typical credits and the contracts loading market risk on the bank side are named as atypical credits.The consequences of the above mentioned analysis diverse especially in the credit limitations and also the claims of the bank against the borrower/hedger. Other than this, the general consequences of bank credits such as capital adequacy requirements and provisions are also examined.
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Keywords
Türk Hukuku, Banka kredisi, Ticaret hukuku, Bankalar