Hukuki İşlemlerde Aşırı Yararlanma

Abstract

Legal transactions, could be defined as a statement of intent to produce legal consequences.Law systems aim to prevent economic imbalance that could happen within legal transactions. Undue influence is one of this measures taken by legal systems. This reguation whose origin is based on the principle of ‘‘laesio enormis’’ in Roman Law, was included as ‘‘gabin’’ in Article 21 of the abrogated Law of Obligations No: 818. Undue influence is named in Article 28 of the Turkish Code of Obligations No:6098. Our thesis consists of three chapters. In the first chapter, the concept of legal transaction and undue influence has been examined in all aspects. In the second chapter, elaborated on elementsof undue influence. Also examined effect and result of undue influence. In the last chapter, various types of contracts and their validity conditions were examined and undue influence has been tried to be resolved with decisions of the Court of Appeal.