The Prudent Merchant Principle under the Turkish Commercial Code and Judicial Decisions

The Prudent Merchant Principle under the Turkish Commercial Code and Judicial Decisions, authored by Prof. Dr. Hacı Kara, is an academic work examining the duty of merchants to act prudently in commercial affairs, with particular reference to the Turkish Commercial Code and judicial decisions.

The book addresses civil procedure, methods of dispute resolution, the obligations and burdens of parties, and the legal concept of the prudent merchant. It examines the statutory basis and legal nature of the principle under Turkish commercial law, including its relevance to claims involving excessive exploitation and difficulty in performing contractual obligations.

A substantial part of the work analyses judicial decisions concerning the prudent merchant principle. It reviews decisions of the Turkish Court of Cassation, including its General Assembly of Civil Chambers and relevant chambers, as well as decisions of regional courts of appeal and the Constitutional Court of Türkiye. These decisions illustrate how the principle has been interpreted and applied in judicial practice.

By combining statutory analysis with an extensive review of case law, this book serves as an academic reference for legal practitioners, academics, law students, and professionals dealing with commercial law and business disputes.

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