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ARTICLE · 27 NOVEMBER 2017

Seller's Liability Due To Defects In Purchase Agreements

The buyer's obligation of inspection is regulated under Article 38 of the CISG.

TurkeyConsumer Protection

One of the most common problems encountered in purchase agreements is the determination of parties' rights and obligations due to defects that are identified in goods. Even though the Turkish Code of Obligations ("TCO") numbered 6098 introduced amendments on this particular subject, unlike the repealed previous Code of Obligations numbered 818, these innovations are not revolutionary. Many European States, such as Germany and the Netherlands and, particularly, the Scandinavian countries, amended their local legislation by way of making serious reforms in parallel with the provisions of the United Nations Convention on Contracts for the International Sale of Goods ("CISG"). In this respect, they took significant steps in order to resolve all kinds of disputes arising from such purchase agreements under a common structural adjustment and, perhaps, to avoid potential problems.

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