Basiretli İş Adamı Gibi Davranma Yükümlülüğü
Özet
Our subject of study is the requirement to act like a prudent businessman, regulated under the margin heading “Conditions of Being a Merchant” in article 18/2 of the Turkish Commercial Code No. 6102. This abstract concept frequently appears in judicial decisions. For this reason, it is necessary to define the concept, reveal its legal character, determine its boundaries, determine the difference it may create in terms of the application of legal institutions and the associated legal consequences. By revealing the mentioned issues in detail, effective implementation of the concept can be achieved. The aim of our study is to explain the content of the concept of behaving like a prudent businessman and to reveal its legal character. In addition, our study aims to put the strict interpretation in practice on a more equitable basis by opening it up for discussion. Acting like a prudent businessman means that the merchant behaves more carefully, cautiously, foresightfully and having a better command of the intricacies of his business than any other person in his commercial activities.
Determining whether the trader behaves like a prudent businessman in the concrete case is determined by an objective measure by comparing it with the behavior that a trader operating in the same field and running a business of the same size should show. In the first part of our study, general explanations about the concept are given. In the second part, the scope of application of the concept is discussed. In the third chapter, the legal institutions and results related to the concept within the scope of the Turkish Civil Code and the Turkish Code of Obligations were investigated. In the last part, the legal institutions, and results with which the concept is related in terms of the Turkish Commercial Code and related legislation are examined.
Keywords: Merchant, Prudent Businessman, Behaving Like a Prudent Businessman, Obligation, Legal Responsibility, Provisions of Being a Merchant.
