The Condition of " Turning Seller's Obligation to Buyer's Responsibility for Delivery"

Though, according to juridical arguments, seller is obliged to deliver the object sold to buyer and it has been said in the Article 362 of the Civil Code that contract of sale makes seller responsible for delivery of the object sold to buyer, this obligation may be devolved to buyer, if a mutual agreement is made. Legal aspects of this condition such as legaldescription of responsibility for delivery in the contract of sale, nature of delivery, the impact of condition on seller’s exchange guarantee, implementation of responsibility for delivery in cases costs of implementation of condition are extraordinarily high may be discussed. It seems that responsibility for delivery is required by the essence of contract while its implementation by seller is the absolute effect of contract. Delivery is not an independent legal act, rather it is a legal event. In cases in which implementation of condition requires extraordinary high costs, the condition is null and void and, according tothe articles of Civil Code, seller is obliged to deliver the object sold.