NEWSLETTER-2017

262 NEWSLETTER 2017 Seller’s Liability Due to Defects in Purchase Agreements* Att. Firat Coskun 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the Turkish Code of Obligations (“TCO”) numbered 6098 introduced amendments on this particular subject, unlike the repealed previous Code of Obliga- tions numbered 818, these innovations are not revolutionary. Many European States, such as Germany and the Netherlands and, particu- larly, 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. This article addresses the determination of parties’ rights and obligations due to defects that occur in purchase agreements, pursu- ant to the provisions of TCO and Turkish Commercial Code (“TCC”) numbered 6102. The Definition of Defect and its Legal Nature Firstly, the seller’s liability due to defects is regulated between Articles 219 and 231 of the TCO. The TCO states that the defect can be defined as any deficiency on a sold thing that does not have the agreed quality, or is not suitable for customary use, and the quality is usual in things of the same kind, and the buyer may expect this quality in view of the type of the thing, upon the passing of the risk. * Article of October 2017