ERDEM-NEWSLETTER-2018-metin

39 COMMERCIAL LAW As well, provisions of the TCO regarding installment sales shall prevail where the provisions of the LPC and Articles 253 ff. of the TCO overlap 3 . Subject As is clear from the definition in the introduction taken from the Law, the subject of an installment sales agreement is “a movable as- set.” Even if the system of the TCO mentions the existence of the sale of a movable asset where a right to claim, economic value, or immaterial asset is sold through installments, it is not technically pos- sible to speak of the existence of an installment sales agreement 4 . Similarly, in the installment sales of immaterial goods (trademarks, patents, industrial designs, etc.), TCOArticles 253 et seq. shall not ap- ply 5 . Additionally, TCO Article 253/I does not cover the performance of work in installments. Components Delivery to the Buyer prior to the Payment of the Sales Price : Article 253 of the TCO mentions the “delivery” of the movable com- modity. The agreement of the parties to the transfer in a way other than the delivery of the possession shall not affect the installment sales qualification of the contract. The obligation of the seller is to deliver the goods sold prior to the sale price is fully paid. It is not a structural element for the installment sales agreement to execute the obligation of delivery of possession prior to payment of the full sales price. Partial Payment of the Sales Price : Under TCO Article 253/III (7), the number of installments cannot be less than two. It is not obliga- tory that the amount of the installments or period between maturities Değişiklikler ve Yenilikler, Yeni Türk Borçlar Kanunu ve CISG’e Göre Satış Sözleşmeleri, İstanbul Kemerburgaz Üniversitesi, p.14, XII Levha, İstanbul, No- vember 2012. 3 Zevkliler, Aydın / Gökyayla, Emre : Borçlar Hukuku Özel Borç İlişkileri, p. 75, 11.B, Ankara 2010. 4 Gümüş, Mustafa Alper : Borçlar Hukuku Özel Hükümler, V. I, p. 178, Vedat Kitapçılık, İstanbul 2012. 5 Gümüş , p. 178.