I. PRESENTATION AND IMPORTANCE OF THE
II. PURPOSE AND LIMITS OF THE STUDY
18
III. SCOPE AND PLAN OF THE STUDY
20
POSITION OF THE CONTRACTS WITHIN OTTOMAN LEGAL
II. OTTOMAN EMPIRE AND ECONOMICS
23
A. The Foundations of The Ottoman Economic System
24
B. Ottoman Production Structure
28
C. Ottoman Tax Practices
34
III. OTTOMAN EMPIRE AND LAW
38
IV. MECELLE–I AHKÂM–I ADLIYYE
46
V. ISTANBUL ATIK ŞIKÂYET REGISTERS AND
GENERAL REGULATIONS REGARDING THE CONTRACTS IN
THE OTTOMAN LEGAL AND ECONOMIC SYSTEM
II. CONCEPT OF CONTRACT
53
III. ELEMENTS OF CONTRACT
55
A. Declaration of Intention
55
C. Subject of Contract
59
A. Conditions of Establishment
61
1. Conformance of the Declarations of Intention
62
2. Capacity to Contract
62
3. Consent of the Parties
65
4. The Subject of the Contract Is Convenient and
B. Validity Conditions
69
C. Enforcement Conditions
72
V. CLASSIFICATION OF CONTRACTS
74
A. Contracts According to Their Legitimacy
75
B. Contracts According to Their Validity
75
C. Contracts According to Their Enforcement
76
D. Contracts According to Their Binding
76
E. Contracts According to Their Subject
77
F. Contracts According to Their Purpose
78
G. Contracts According to Their Forms
78
H. Contracts According to Their Reciprocity
79
I. Contracts According to Their Specificality
79
J. Contracts According to Their Indemnification
VI. NULLITY, MISCHIEF AND SUSPENSION IN
C. Conditional Contracts
85
VII. RIGHT OF OPTION IN CONTRACTS
86
A. Contractual Options
87
B. Option for Misdeion
89
C. Option as to Payment
90
D. Option as to Selection
90
E. Option as to Inspection
91
VIII. PROVISION OF CONTRACTS
94
IX. Expiration of Contract
95
A. Non–Binding Contract
96
B. Termination of Contract
97
THE SPECIAL CONTRACTS IN THE OTTOMAN LEGAL AND
II. ONEROUS CONTRACTS
104
III. JOINT OWNERSHIP CONTRACTS
121
A. Gratuitous Joint Ownership Contract
122
B. Joint Ownership of Property Contract
122
C. Partnership Contract
125
1. Contract of the Partnership in Property
126
2. Contract of the Partnership of Work
128
3. Contract of the Partnership on Credit
130
D. Contract of Mudaraba Partnership
131
E. Contract of Partition
137
IV. GUARANTEE CONTRACTS
141
A. Contract of Custodian
141
B. Contract of Pledge
146
C. Contract of Transfer
149
D. Contract of the Deposit for Safe Keeping
152
B. Contract of the Loan for Use
158
D. Contract of Testamentary
164
E. Contract of Settlement
166
F. Contract of Release
170