Teminat Amaçlı Geri Alım Hakkı Tesisinin Lex Commissoria Yasağına Aykırı Olup Olmadığının Değerlendirilmesi

Abstract

Lex commissoria ban stipulates that if a debt secured by a pledge does not materialize, the property of the pledge (subject) will be transferred to the creditor. If the repurchase agreement is used as a guarantee, the ownership of the immovable passes to the assignee and when the obligation is discharged, the assignee is under a liability to return it to alienator. In other words, the ownership of the immovable is against the contract at the beginning of it and there is a fiduciary agreement between the parties. If the obligator fails to fulfill his debt about the repurchase which is established in this way, the payee's reservation of what is assigned in terms of guarantee as "possession to perform-" is not against the lex commissoria ban.