donation under german and turkish law

Merhaba @ all,

I´m a German lawyer writing a phd about donation under german and turkish law...on a German website about Turkish law I found a draft for a new law of obligations...can anyone tell me if it is accepted yet, or when it is planned to be in force...although I don´t expect it to be: are there any changes planned in madde 234-247? Cok tesekür ederim for your answers and selam Türkiye`ye!

Rike

Merhaba!

The draft on the Turkish Code Of Obligations is prepared, however there is not a deadline or strict date for entry into force.

As far as the "Donation" Contract is concerned , I have not observed any substantial amendments in the comparison between the Code and the Draft, excepting few shifts.In details:

-The Definiton : The Draft Code used the word "commitment (engagement)" when defining the donation contract ; the existing Code stipulates the concept "assignment". (Draft, Art. 284 ; Current Code, Art. 234)

- Promise of Donation : Despite The Draft and the current Code aim at identical purposes, the Draft puts a wide interpretation to the "void " promises of donation and states "the void in shape promises of donation shall be considered as "absolute gift" in case those were performed by the donor" and adds that "the donations the legality of which were subjected to a formal shape are excepted".(Draft, Art. 287 ; Current Code, Art. 238)

-The Liability of The Donor : The Draft replaced the word "fraud", which concept stipulated by the existing law, Art.243 , and excepted only the "gross fault" in Art. 293 when laying down the liability of the donor to the other party. (P.S.: the "fraud" may be considered within the "gross negligence" concept)

-The Period for withdrawal and the Rights of the Inheritors: The draft added the provision as follows:" The Inheritors are entitled to withdraw the donation in the period of a year following the death of the donor, provided that he had not been aware of the ground for withdrawal when alive.


Hope this helps

Att. Bülent S. Akpunar

Thank you so much!
That was quite detailed and very important for me! I tried to translate the draft, but as my Turkish isn´t very well yet, there were still some vocabularies I was really unsure about! So cok cok tesekür ederim for your help!

Rike