Abstract:

The Lex Commissoria Act and the contracts between the parties are prohibited that the property of the hostage will be transferred to the hostage recipient before the debt is settled, if the debt is settled or not paid. The Lex Commissoria Prohibition is regulated in Article 873/2 of the Turkish Civil Law No. 4721. The purpose of the ban is to prevent the debtor from being exploited and prevent the recipient from obtaining unfair profits. In my study, the appearance and results of the Lex Commissoria Prohibition were examined under three main titles. The first section describes the concept, elements and scope of the Lex Commissoria Prohibition. The second section discusses the scope and provisions of the Lex Commissoria Prohibition. In the light of these statements, the limit of the prohibition has been determined. In the third section, the consequences of the prohibition and the prohibition can be assessed in the context of the prohibition. The Lex Commissoria Prohibition has also been addressed in terms of moving and non-mobile hostages. In this framework, 6750 commercial transactions have been introduced in the Law of the Transported Reddit.