THE HARMONIZED DISSONANCE OF TRADE USAGES: TURKISH LAW VS. LEX MERCATORIA
THE HARMONIZED DISSONANCE OF TRADE USAGES: TURKISH LAW VS. LEX MERCATORIA

Summary/Abstract: The Turkish Commercial Code distinguishes between commercial customary law and trade usage. Trade usage may be defined as actual practices or habits used in the interpretation of declarations of will in commercial relations, but which have not attained the status of customary law, unless the legislator has expressly provided for their application. In judicial decisions, however, trade usage is often treated as an abstract principle of law rather than as a concrete habit or practice to be applied in a particular dispute. After examining whether trade usages may serve as a basis for judicial decisions under Turkish law, this paper highlights the erroneous approach to trade usage in Turkish case law. It then compares Turkish law with relevant international instruments and examines whether the case law of the Turkish Court of Cassation is compatible with international commercial regulations.

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