Examination and Criticism of the Supreme Court Decision as a Unified Judicial Precedent Regarding the Seller's Responsibility in the Guarantee to Indemnify

The subject of this article is analysis and critique of the binding precedent No. 811 of the General Board of the Supreme Court.This decision, issued by the General Board of the Supreme Court on June 22, 2021 and published in the Official Newspaper number 110/152/12513 on July 17, 2021, establishes an important rule regarding the seller's responsibility to indemnify in case what is sold belongs to someone else, deserve to be analyzed and reviewed in an academic manner, since this both useful and necessary. Even though the text of the binding precedent has been published in the Official Newspaper and is available, we cannot avoid tracing its history from the time of the issuance of the first dissenting judgment to the rendering of the decision made by the General Board. So, in the first chapter, we shall paraphrase the decision and wherever necessary, we shall quote its text. In the second chapter, we shall examine the preliminaries and arguments from which the General Board obtained the exact letter of its decision. Also, due to the binding nature of this decision in similar cases, we shall not leave the rule that has been established or strengthened in our law unread. The last chapter is dedicated to the critiques of the decision in order to find out whether the results obtained by the General Board of the Supreme Court is compatible with the preliminaries chosen by it or whether the General Board could have chosen other preliminaries within the framework of our legal system and as a result, obtain a different decision.