Categories: INFORMATION

Theories About The Legal Characteristic of Fulfillment

1-contract theory: fulfillment is a contract due to its legal nature. The practical result of this view is that the person who will perform must have a contractual driver’s license. As a rule, he must be fully qualified. A person who is not fully qualified will not be able to fulfill the debt.

 

2-material action theory: it is a material action in terms of the nature of fulfillment. Because there is no contract or legal action, the person who will perform the fulfillment will not be required to have a driver’s license or have a full driver’s license.

 

3-Limited contract theory: it is a conciliatory theory and also dominates the doctrine. In this theory, a distinction is made when explaining the legal nature of fulfillment. Accordingly, if the agreement of the parties, agreements, that is, legal action is needed for the fulfillment of the debt, the performance is a contract in terms of its nature. As a result, according to this theory, the person who will perform must be fully qualified. This does not create a change in the case of rights. After the contract is made, the savings must be made.

Yağız Canseven

Recent Posts

A CLAIM FOR COMPENSATION UNDER THE WORKPLACE INSURANCE POLICY, WHICH ALSO INCLUDES EARTHQUAKE COVERAGE

17. Law Office 2018/1547 E. , 2018/12611 K. “text of jurisprudence” COURT : Court of…

2 years ago

REQUEST FOR DETERMINATION OF EVIDENCE AND DECISION

ARTICLE 402 OF THE CCP (1) The request for the determination of evidence shall be…

2 years ago

DETERMINATION OF EVIDENCE WITHIN THE SCOPE OF HMK

ARTICLE 400 OF THE Civil Procedure Code (1) Each of the Parties may request that…

2 years ago

CHILDREN RECEIVE COMPENSATION FOR DEPRIVATION OF SUPPORT DUE TO PARENTS

SUPPORT OF PARENTS TO THEIR CHILDREN 1- GENERAL RULE According to the decisions of the…

2 years ago

COUNCIL OF STATE DECISION ON EARTHQUAKE INSURANCE

11. Apartment 2001/2549 E. , 2005/183 K . “text of jurisprudence” T.C. COUNCIL OF STATE…

2 years ago

COMPENSATION LAWSUIT FOR DAMAGE CAUSED BY THE EARTHQUAKE

17. Law Office 2016/11461 E. , 2019/7615 K. “text of jurisprudence” COURT : Court of…

2 years ago