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Law of Obligations
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LEASE DETERMINATION LITIGATION 18 September 2023
What is a Lease Determination Litigation?
The lawsuit filed for the adaptation of the rental price to the value it deserves, taking into account the current market conditions, is called the rent determination lawsuit.
In which cases can a rent determination lawsuit be filed?
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THE DEATH OF THE TENANT AND ITS EFFECTS ON TENANCY AGREEMENTS 18 February 2022
THE DEATH OF THE TENANT AND ITS EFFECTS ON TENANCY AGREEMENTS
I. INTRODUCTION
The death of the real person tenant or the lessor is one of the important reasons that cause the lease agreement which was initially consisted of one person on both sides at the beginning to later turn into a joint lease without the will of the parties. With the death of the tenant or the lessor, by the principle of universal succession, the heirs of the deceased become parties to the lease agreement by replacing the legator.
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DEBTOR’S DEFAULT ON THE CONTINUOUS DEBT CONTRACT AND ITS CONSEQUENCES 1 October 2021
DEBTOR’S DEFAULT ON THE CONTINUOUS DEBT CONTRACT AND ITS CONSEQUENCES
WHAT IS THE CONTINUOUS DEBT CONTRACT The concept of continuous debt requires repetitive behaviors for the fulfillment of the debt and the benefit of the debt’s beneficiary is also extended to this ongoing period. If one of the fundamental elements of a contract is a continuous debt then the contract in question is called “the continuous debt contract”. Examples of continuous debt contracts are contracts for services, tenant contracts and bailments contract.
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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 9 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 3 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? 2 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? 7 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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