ERDEM-NEWSLETTER-2018-metin

238 NEWSLETTER 2018 party undertakes to pay the contract price, are referred to as mixed contracts by legal scholars 2 and the Court of Cassation’s decisions 3 . In this regard, Article 3 of the CISG shows the features to be con- sidered to determine whether a contract is to be qualified as a contract of sale under the CISG if the seller undertakes to produce, deliver, and/or install the sold goods, or to provide other kinds of services, in addition to its obligation to sell and deliver the possession and the ownership of the sold goods. Accordingly, interpretation of a contract of sale under the CISG is broader than the definition set forth under Turkish law. CISG Article 3 (1) Pursuant to paragraph 1 of Article 3, contracts in which the seller is under an obligation to manufacture or produce the goods would be deemed as a contract, of sale as it regards the application of the CISG. However, if the party who orders the goods undertakes to supply a substantial part of the materials necessary for such manufacture, then that contract would not be subjected to the CISG. In the event that a substantial part of the materials is provided by the buyer, then the main obligation of the buyer is to shape the provided material, and to pro- vide manpower or services to the other party of the contract; therefore, these types of contracts would be deemed as service or employment contracts, or contracts for work 4 . Pursuant to the CISG Advisory Committee, the main feature that is used to determine which party is to provide the substantial part of the materials is the economic value of the materials provided by each party 5 . However, if the materials 2 Tandoğan, Haluk : Borçlar Hukuku Özel Borç İlişkileri, V 1, İstanbul 2008, p. 69; Eren, Fikret : Borçlar Hukuku Özel Hükümler, Ankara 2017, p. 871; Yavuz , Cevdet : Borçlar Hukuku Dersleri, Özel Hükümler, İstanbul 2014, p. 25; Serozan , Rona : Borçlar Hukuku Özel Bölüm, İstanbul 2002, p. 64-65; Kuntalp , Erden : Karışık Muhtevalı Akit, Ankara 2013, p. 288. 3 Yargıtay Hukuk Genel Kurulu, 09.06.1982, 79-15-1613 E. 82-565 K.; 10th Civil Chamber of Court of Cassation, 22.01.1976, No. 1975/4935 E. 1976/1294 K. (legalbank.net ). 4 UN Doc. A/CONF. 97/5, Documents Officials, p. 18; Schlechtriem, Peter; But - ler, Petra : UN Law on International Sale of Goods, Fribourg 2009, p. 23 – 24. 5 Erdem, H. Ercüment : Milletlerarası Ticaret Hukuku, İstanbul 2017, p. 1999; Schlechtriem, Peter; Witz, Claude : Convention de Vienne sur les contrats de