Abstract:

Kadi registers relating to Ottoman period contain a rich material, especially until the Tanzimat Era. Kadi registers held in situ are of special importance taking place among the first hand references in the research of the military, political, social, and economic history of the place where they belong to. In this context, documents concerning the transactions such as purchase and sales, rent, exchange, surety, power of attorney, pledge with respect to law of property, law of obligations, and commercial code are contained in the registers. Pledge is one of the subject matters which has functioned as one of the ways to collateralize short or long term receivables. Moreover, as it has provided opportunities for immediate credit needs for those who were not in possession of ready cash, it had also been important in the financial field. Practical aspects of the subject in the Ottoman period has been dealt with in the case of Kayseri. Besides this, theoretical aspects have been discussed when the occasion has arisen. Resource of the study consists of the documents, which have been recorded in the kadi registers of Kayseri in mid XVII century, with respect to pledge that has been used as collateral in transactions of receivables and payables. In this connection, movable and immovable properties which are the subject of pledge, the results of the pledge actions, disputes, and conflicts between the parties with respect to pledge have been emphasized. In addition, various problems encountered with respect to debt collection from the succession, for the debt collection sales of the mixed properties which have been the subject matter of the pledge, and some issued experienced in the collection in case of the borrower's death, and pledge application by the monetary foundations on credit transactions, as well as remedies to such problems on legal grounds have been dealt with.

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