Sözleşmeler Hukukunun uyumlaştırılması kapsamında sözleşmenin kurulması
Özet
Following the 1789 French Revolution, the national state emerged on the stage of history. National states have begun to implement their own laws within the boundaries of their sovereignty. On the one hand, due to the economical, sociological, legal, etc. factors such as the collapse of feudalism, the Industrial Revolution, the emergence of mercantilist thought, the birth of liberalism, technological and scientific progress, the importance of international trade has increased; on the other hand, international trade has been interrupted because of the fact that each national state has a different legal system. In the 20th century, with the effect of globalization, international trade has reached to a point that has never been seen in history. Therefore, studies have been started to reduce the differences between national laws in order to eliminate the legal obstacles to international trade. In international treaties and literature, different terms such as unification, convergence of laws, approximation, and harmonization of law have been preferred to correspond to the reduction of differences between national laws. In this thesis, the term "harmonisation of law", which means simply reconciling these legal orders in order to reduce or eliminate the contradictions in two or more legal systems, has a wider meaning compared to other terms and is more preferred in the literature is used. In the First Chapter of the thesis, the harmonization of law in the field of contract law from past to present is examined. In this context, ius commune and Anglo-Saxon law and EU law are discussed. In addition, the emergence, scope and importance of CISG, PECL, PICC and DCFR, which are the four main international texts of harmonization of law in the field of contract law today, are examined. In the Second Chapter of the thesis, the constituent elements of the contract and the establishment of the contract are analyzed. The first subtitle of this Chapter is devoted to the concept of contract, the form and interpretation of the contract. In the other sub-title of this Chapter, the offer, which is one of the constituent elements of the contract, is examined. The subjects evaluated in this sub-title were the terms of the offer and the invalidation of the offer. In the next sub-heading of this Chapter, acceptance, which is another constituent element of the contract, is focused on and the terms of the acceptance, its invalidation and the battle of forms are reviewed. Finally, in the last sub-title of this Chapter, the formation of the contract is explained. All these issues have been dealt with in detail and comparatively within the framework of French, German, English and Turkish law. Then, CISG, PECL, PICC and DCFR are evaluated comparatively both among themselves and within the framework of the laws of these four countries. At the end of the thesis, it is concluded that although there are differences in some important issues between national legislation and international texts, a great deal of harmonization has been achieved in terms of the formation of the contract.