SALES CONTRACT IN CIVIL CODE –AL MAJALLA

Saliu, Xhemile (2018) SALES CONTRACT IN CIVIL CODE –AL MAJALLA. JUSTICIA International Journal of Legal Sciences, 6 (10). pp. 94-104. ISSN 2545-4927

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Abstract

The Ottoman state, which was constantly weakened until the nineteenth century (XIX), underwent a series of reforms aimed at improving the legal system. The Ottoman authorities considered the way to the west in all areas as a transformation and an achievable aim to save the state. The Ottoman thinker and ruler of the XIX century attempted to design and implement the necessary reforms within a semi-Islamic and semi-Western dilemma. The only drawback of this process was the fact that the Ottoman political elite were not well thought-out of whether they would adapt to the social structure and whether they would respond to legal requirements and needed to undertake reforms in the Ottoman legal structure, such as and in the field of codification, following the European example. Another circumstance that forced Ottoman statesmen to undertake reforms in the legal structure was the ongoing pressure of the European states. This was due to the needs of these countries after the Industrial Revolution of 1840 to find new markets and to provide the right legal infrastructure in these countries. But the politics they have to follow to secure their "national and religious" minorities within the Ottoman Empire should not be neglected either. The most important law that was drafted in the Tanzimat era was the Ottoman Civil Code (Mecelle-Ahkam-i Adliye) or otherwise called the "Book of Rules and Justice." The Mecelle was the civil code of the Ottoman Empire in the late 19th and early 20th centuries. It was the first attempt to codify a part of the Sharia-based law of an Islamic state. The code was prepared by a commission headed by Ahmet Cevdet Pasha, issued in sixteen volumes (containing 1,851 articles) from 1869 to 1876 and entered into force in the year 1877. This Code was the first example of the codification of Islamic law in the Ottoman Empire. He paved the way and served as an example for further efforts in the codification of laws in the Ottoman state as well as in other Muslim states that would be established later in the 20th century. For this reason, specialists dealing with this issue have pointed out that Mecelle does not occupy a special place in Ottoman history but throughout the history of Islamic jurisprudence. After the dissolution of the Ottoman Empire following World War I, the Mecelle remained a lasting influence in most of its successor states (except Egypt, where it was never in force). The Mecelle was long-lasting in most places since it was effective, coherent, and difficult to dislodge. It remained in force: in Turkey until 1926, even in Albania it remained in force until 1928. This code has 16 books and most of them discuss topics from the civil law. The first book is about the sale, and others are about: Hire, Guarantee, Transfer of Debt, Pledges, Trust and trusteeship, Gift, Wrongful Appropriation and Destructions, Interdiction, Constraint and Pre-emption, Joint Ownership, Agency, Settlement and Release, Admissions, Actions, Evidence and Administration of an Oath, and Administration of Justice by the Courts. The book of sale has two chapters; the first one has five sections and the second chapter has for section. Chapter one is made up of section I(one) which includes fundamental basis of sale, the second section includes agreement of acceptance with offer, the third one includes the place where the sale is concluded, the forth one includes the sale subject to a condition and the fifth one includes rescission of the sale. The second chapter includes the subject matter of sale. Section one of the second chapter includes conditions affect in the subject matter of the sale and description, the second section includes things which may and may not be sold, the third one includes the procedure of the sale, and the forth one includes matters included but not explicitly mentioned in the sale. In this scientific paper, I am going to analyze the first and the second chapter of the sale and some of the section of those chapters.

Item Type:	Article
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law, Arts and Social Sciences > School of Law
Depositing User:	Unnamed user with email zshi@unite.edu.mk
Date Deposited:	05 Jun 2019 08:34
Last Modified:	05 Jun 2019 08:34
URI:	http://eprints.unite.edu.mk/id/eprint/150

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