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The law of obligations is a branch of private law and is a discipline in which legal relations between equals, called debt relations, are examined. The Code of Obligations is the source of the law of obligations in private law and is a law that regulates debt relations in the field of law of obligations. When the concept of debt relationship is defined in terms of private law, it occurs between two parties called the creditor and the debtor, where the debtor is obliged to act (act) against the creditor, and the creditor can demand the fulfillment of this behavior from the debtor (can demand performance). It is a legal bond.
• Obligations Arising from Legal Actions and Contracts
• Unfair Acquisition
• Performance (Payment) of Debts
• Non-Performance of Debts
• Lapse of Debt
• Special Cases of Debt Relationship
BASIC CONCEPTS IN THE LAW OF OBLIGATIONS
Debt Relationship Concept
Legal Transaction Concept
Debt Relationship in a Narrow Sense: It expresses money debts.
The concept of debt: It is a legal relationship that expresses a single receivable or debt that the creditor is authorized to demand from the debtor and that the debtor has to fulfill.
Debt Relationship: it is an organism. The main source of the debt relationship is the contract. The debt relationship emerges as a concept that is made before the contract, in the order of its operation, during its expiration and termination. Before the contract, a debt relationship may arise from the relationship. A debt relationship is a relationship between the creditor and the debtor, which includes one or more rights to receivable, some innovative rights, some ancillary rights, some regulatory rights, some side obligations, debts arising from the statute of limitations of the debt, burdens, and the right to benefit. is the concept. It is an exception that the debt relationship creates a single right of receivable, and this is also included in the compensation arising from the tortious act.
Right: It is an element of the legal relationship and while creating a privileged situation in favor of the owner, it also creates an obligation for other persons. A privilege is a behavioral obligation imposed on other people.
Differences of Debt-Debt Relationship
1) They can be born at the same time or at different times. In the case of sudden action, in trading. You bought bread. In the lease agreement; the contract has been established, the payment dates are on the date and interest is also in question.
2) In terms of Scope, a debt relationship rarely consists of a single credit and deed. In general, there are many receivables and obligations. The debt relationship is more comprehensive than the debt in terms of its nature.
3) In terms of transfer, only the receivable can be transferred. The assignment you will receive. The relationship of debt does not end like debt does. It ends with the elimination or with the REDUCTION agreement. It also ends when one of the parties dies or loses its mental power. It ends with the performance of all debts.
4) In terms of termination, the debt ends but the debt relationship ends later.