Akademik Veri Yönetim Sistemi
International Symposiumon Social Sciences and Educational Sciences, Türkiye, 12 Mart 2022, ss.72
Pledge
has an important place in both Roman Law and modern law due to the security
function it has created in commercial life. In a debt relationship, the
contract records or agreements that the ownership of the pledged goods will
pass to the pledgee in return for the debt not paid at the time of performance
are called lex commissoria. The purpose of the lex commissoria prohibition is
to prevent an unfair gain as a result of the pledgee's transferring the
ownership of the pledged thing to himself due to the non-payment of the debt on
due date. In order for the legal consequences of the lex commissoria
prohibition to be applied to the contracts between the parties, it must contain
certain conditions. The first condition of this prohibition is "Agreement
or Registration of the Transfer of the Ownership of the Pledged Goods to the
Creditor in the Pledge Agreement between the Parties"; Another of the
basic conditions sought for the implementation of the ban is the "Lex
Commissoria Agreement or Pledge Agreement Predicting that the Registration is
Made Before the Maturity of the Receivable". Turkish Civil Code with Lex
commissoria m. 949, "transferable movables" and m. In 873/2, a
relevant regulation has been made in terms of "immovables". In the
aforementioned provisions, the legislator has prohibited the creditors from
putting such a record or making them by contract in the pledge rights to
immovables and movables. However, in the Turkish Civil Code, the "lex
commissoria prohibition", which is a mandatory rule and regulated by the
legislator for immovables and movables, the "Commercial Enterprise Pledge
Law" abolishing the "Commercial Enterprise Pledge Law" and the
"Capital Market Law" Exceptions have been made by law in some
regulations.