Elif Keleş - Profile on Academia.edu (original) (raw)

Elif Keleş

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Papers by Elif Keleş

Research paper thumbnail of İslam Hukukunda Emanet Akidlerinin Tazmine Konu Olduğu Durumlar (Vedîa ve Âriyet Akidleri Çerçevesinde)

Yüksek Lisans Tezi

People, by nature, interacts with other people in the society. This interaction is sometimes lega... more People, by nature, interacts with other people in the society. This interaction is sometimes legal, such as a contract, sometimes it is illegal like usurpation and destruction. As a result of these relationships, it is possible for a person to damage other people's own volition or involuntary. Therefore legal systems have aimed to repair the damage done by people. Because of this purpose, "responsibility" in Turkish law and "damân" in Islamic law have been an important issue. Legal systems have given importance to regulate fundamental issues such as the casues and conditions of responsibility/damân. In Islamic law, this issue determines according to distinction of contracts in terms of compensation. In order for the person take delivery property to be responsible for compensation in the escrow contracts, she must act in ways that are expressed as teaddi and taksir. In terms of compensation obligation, escrow contracts are important because they are different from daman contracts. This thesis, deals with the situations that cause the compensation for the subject matter of the contract in the escrow contracts in the context of the bailment contract (vedîa) and loan agreement (âriyet). In the study, firstly, the position of escrow contracts in terms of compensation was determined. Because of this purpose, the definition of damân, the casues and conditions responsibility are presented in a comparative manner. In the second chapter, the reasons for the compensation for the property subject to the contract in vedia and ariyat contracts are examined in detail.

Research paper thumbnail of İslam Hukukunda Emanet Akidlerinin Tazmine Konu Olduğu Durumlar (Vedîa ve Âriyet Akidleri Çerçevesinde)

Yüksek Lisans Tezi

People, by nature, interacts with other people in the society. This interaction is sometimes lega... more People, by nature, interacts with other people in the society. This interaction is sometimes legal, such as a contract, sometimes it is illegal like usurpation and destruction. As a result of these relationships, it is possible for a person to damage other people's own volition or involuntary. Therefore legal systems have aimed to repair the damage done by people. Because of this purpose, "responsibility" in Turkish law and "damân" in Islamic law have been an important issue. Legal systems have given importance to regulate fundamental issues such as the casues and conditions of responsibility/damân. In Islamic law, this issue determines according to distinction of contracts in terms of compensation. In order for the person take delivery property to be responsible for compensation in the escrow contracts, she must act in ways that are expressed as teaddi and taksir. In terms of compensation obligation, escrow contracts are important because they are different from daman contracts. This thesis, deals with the situations that cause the compensation for the subject matter of the contract in the escrow contracts in the context of the bailment contract (vedîa) and loan agreement (âriyet). In the study, firstly, the position of escrow contracts in terms of compensation was determined. Because of this purpose, the definition of damân, the casues and conditions responsibility are presented in a comparative manner. In the second chapter, the reasons for the compensation for the property subject to the contract in vedia and ariyat contracts are examined in detail.

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