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Law of Obligations
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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? 6 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? 2 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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Adaptation Problem In Foreign Currency Indexed Consumer Loans 18 November 2019
Reflections of the economic crisis that has affected the world are particularly encountered in Turkey in the use of foreign currency indexed consumer loans. The reason why the foreign currency indexed loans is preferable is that the interest rate and hence the amount of installments to be paid is low and in short, the loan is more payable.
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Price Reduction Request of the Owner Due to Defective Work in Construction Contracts 3 January 2018
In the event that there is a defect in the work performed by the contractor in the construction contracts, the optional rights of the owner are regulated in Article 475 of the Turkish Code of Obligations (“TCO”). Accordingly, if there is a defect in the work; the owner may terminate the contract, may request price reduction or may request free repair of the work. However, the owner has some obligations to fulfill in order to exercise these optional rights.
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Is it Possible to Consider the Declaration of “State of Emergency” as a Force Majeure Event? 28 June 2017
I. What is a State of Emergency?
Articles 119 and 120 of the Constitution of the Republic of Turkey (“The Constitution”) provide the circumstances for which the Council of Ministers meeting under the chairpersonship of the President of the Republic may declare a state of emergency.
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What Is Voluntary Assignment (Transfer) of Claim? 23 September 2016
I. What is “Assignment (Transfer) of Claim”?
Assignment of claim is regulated under the Turkish Code of Obligations (“Code”) between Articles 183 and 194. However, precise definition is not included in the Code. In practice, the words both “assignment” and “transfer” are used at the same meaning. Assignment of claim means changing the creditor of an existing claim. Pursuant to Article 183 of the Code, assignment of claim is the conventional transfer of claim, which arises from an obligatio, to the third party. Such transfer is done by creditor without the need for consent of debtor.
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Terrorism as a Force Majeure Event 28 March 2016
Naturally; the performance of the parties’ obligations is the main aim of each contract, in respect of general law principle of “pacta sunt servanda”. Despite of the principle of “pacta sunt servanda”; in some cases, such as force majeure, the parties cannot fulfill their obligations due to some circumstances or conditions beyond the control of the parties.
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Impossibility of Performance of Contracts 28 March 2016
Naturally; the performance of the parties’ obligations is the main aim of each contract. In respect of general law principle of “pacta sunt servanda”, performance of the obligations under a contract shall not be affected from the changing conditions following the execution of such contract and the parties should comply with the provisions of the respective contract as agreed between the same.
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"Defacto" Acceptance and Partial Acceptance Under Turkish Laws and FIDIC Contracts 14 July 2015
In accordance with the economic and commercial growth and the increase of the need for investments in almost all areas of the commercial and social life, several major infrastructural projects have started to be realized in Turkey for the last decades. However, although there are many projects in Turkey which have been accomplished with great success, some contractors have indeed faced some problems and suffered severe consequences in many other projects, sometimes due to the reasons which are attributable to the administrative authorities or the other contractors included in the project and sometimes due to the lack of proper regulations under their project contracts.
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