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Law of Obligations

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TERMINATİON OF SUBSCRIPTION AGREEMENTS AND ITS CONSEQUENCES 17 June 2021
I. General Concept of Subscription Agreements Subscription contracts ensure that the consumer receives a certain service or good on a continuous or regular basis as determined in the contract. Today, subscription agreements are mostly seen in internet, telephone and newspaper subscriptions. Subscription agreements are mainly examined within the scope of the Law on Consumer Protection and the Ordinacne on Subscription Agreements in Turkish legal legislation. The Law on Consumer Protection also adopts a definition in parallel with the above explanation. According to the the law, subscription contracts are “agreements that enable the consumer to obtain a certain good or service continuously or in regular intervals”.
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WHAT IS THE EXCLUSIVE-DEALING ARRANGEMENT AND ITS SCOPE? 11 June 2021
I. General Concept of Exclusive-dealing Arrangement An exclusive-dealing arrangement is an atypical agreement with a single seller party to sell goods produced by a manufacturer/producer in a specific geographic area. In practice, expressions such as "dealership agreement" or "distributor agreement" are also included instead of the exclusive-dealing arrangement. In this context, the exclusive-dealing arrangement is a contract between the manufacturer and the exclusive seller, which has the character of being a framework and includes the element of continuity. With this contract, the producer is obliged to send the goods that are produced to the exclusive-dealing, while the exclusive-dealer is obliged to increase the marketing level and sales of the goods in the relevant geographical regio...
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EVIDENTIAL CONTRACTS UNDER TURKISH LAW 09 September 2020
I. WHAT IS THE EVIDENTIAL CONTRACT? Under Turkish civil procedure law, the statutory evidence system has been adopted in principle. In accordance with Article 189/3 of the Code of Civil Procedure ("CCP"), the matters that are required by law to be proven with certain evidence cannot be proven with other evidence. On the other hand, the law provided the parties with the freedom to conclude contracts in determining the means of evidences provided that they fulfill certain conditions.
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ELECTRONIC CONTRACTS 03 September 2020
Legal Nature of the Electronic Contracts Nowadays, the volume of electronic commerce is increasing gradually within the scope of the increase in internet use and the measures taken recently due to the epidemic. At this point, the parties are able to fulfill a significant part of the activities they carry out to meet their demands, either within the scope of internet banking, through e-government platforms or via the internet through electronic commerce.
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WHAT IS THE PARTICIPATION TO AN OBLIGATION UNDER TURKISH CODE OF OBLIGATIONS? 02 June 2020
Participation to an obligation contract is a legal institution accepted with Article 201 of the Turkish Code of Obligations numbered 6098. As per this article, participation to an obligation is defined as a contract concluded between the participant and creditor as a result of which the participant becomes jointly responsible for the obligations along with the principal debtor. The participant and the debtor shall be jointly and severally liable to the creditor through the execution of the participation to an obligation contract. Participation to an obligation means that the principal debtor remains as debtor while the participant becomes jointly liable for the performance of the same obligation that the principal debtor is subjected to.
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WHAT SHOULD BE CONSIDERED IN DISPUTES DUE TO THE COLLECTION OF FOREIGN CURRENCY RECEIVABLES UNDER TURKISH LAW? 14 May 2020
In today's commercial life, which has gained a global dimension with each passing day, especially in international contracts, it is often seen that money debts are determined in a currency other than the national currency. On the other hand, in the collection of foreign currency debt that cannot be collected on maturity date, it is important to determine the matters in which the performance of the debt can be requested, the exchange rate to be applied and the interest rate to be requested.
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What Is The Scope Of The Workplace Rental Provisions Of The Turkish Code Of Obligations That Are Expected To Come Into Effect On 1 July 2020? 07 May 2020
In accordance with the Temporary Article 2 of the Turkish Code of Obligations (Law), the entry into force of Article 9 of the Law was delayed for 8 years for workplace rents, where the lessee is a merchant and private and public law entities. In this context, the relevant provision of the Law will be implemented as of July 1, 2020.
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General Terms and Conditions in Turkish Law of Obligations 22 January 2020
Contracts, which are prepared by one of the parties within the scope of freedom of contract and submitted for counter party’s signature without giving permission for any amendment or discussion on contract provisions, are valid in principle if the counter party agrees on the provisions and there is pressure to sign the contract. However, it is obvious that when the contract is about providing goods and services, one of the parties may abuse the standardized terms by preparing fixed standard contracts comprised of lots of pages named as “general terms and conditions” which are in favor of himself and against to counter party. Likewise, the party, who is generally weaker one and wants to get goods or services, would either accept the terms that are imposed to him through fixed standard contr...
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Can the Debtor Claim Plea of the Jurisdiction at Action for Annulment of Objection Although He/She Does not Object to Execution Office’s Jurisdiction? 06 December 2019
Execution Office’s jurisdiction at prosecutions to be held respecting money and warranty receivables is regulated at Bankruptcy and Enforcement Law (“Law”) Article 50 as “Code of Civil Procedure’s provisions should be applied mutatis mutandis for money or warranty debt about prosecution. In so far as the execution office where the contract is concluded which forms a basis to prosecution is also authorized.” Therefore, with the reference of Article 50 in proceedings without judgment to be held, general competent court is debtor’s settlement execution office at the time the prosecution was commenced according to Code of Civil Procedure (“CCP”)
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How to Evict a Tenant Who Does not Pay the Rent? 02 December 2019
One of the most encountered problems of rental law in terms of the owners is the evacuation of the tenant who does not pay the rent and the collection of the rent due. The lease agreement is regulated in the Turkish Code of Obligations No. 6098 (“Law”) and in terms of this code and some related codes, there are legal remedies for evacuation of tenants who do not pay their rent.
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