In the judgment of the 15th Civil Chamber of the Cassation Court (Date of Judgment: 31.3.2015, Reg. No.2015/983 Judgment No.2015/1638), the right to sell of the obligor, which is one of the private effects of the default of the obligee, has been examined without taking into consideration the requirements for the existence of the default of the obligee. In fact, in the present case the require- ments for the existence of the default of the obligee have not occurred. Therefore, the judgment is legally wrong. In the present case, the claimant should have bro- ught an action for the protection against unwarranted interference.
Alan : Hukuk
Dergi Türü : Ulusal
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