28
Apr
Lex Commissoria under Turkish Law – Prohibition, Exceptions, and Diverging Doctrines
1. Introduction The principle of Lex Commissoria, originating in Roman law, permitted a creditor to acquire ownership of pledged property automatically upon the debtor’s default. While originally intended as a mechanism to enhance trust in credit transactions, the practice often led to significant hardship for debtors—especially when the value of…