Abstract:

For many reasons, including arbitration, privacy and speed, it is one of the alternate dispute settlement ways that extends the scope of application to the present day. However, with the idea of "protecting the weakness", some disputes are being discussed whether they are suitable for arbitration; one of them is disputes regarding rental contracts. From the point of view of Turkish law, the focus of these discussions is whether the tenant is in a weak state in housing and workplace rentals and whether the provisions in the Turkish Debt Act are related to public order. The purpose of this study is to determine whether disputes arising from housing and roof workplaces are suitable for judgment. In this framework, the "satisfaction of desire" which is first accepted in Turkish law, will be examined taking into account the trend in comparative law. After that, the opinions presented in the doctrine on the subject and the viewpoint of the Court will be identified. Finally, the opinions in the doctrine and the judgments of the Court will be evaluated first in terms of the appropriate judgment adopted in the Turkish Law and will be included in the recommendations in terms of law.

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