Introduction The essential clauses in international contracts serve as the backbone of cross-border business relationships. Among them, governing law clauses and jurisdiction clauses are critical for determining how disputes are resolved and which legal system applies to contractual rights and obligations. Poorly drafted clauses can expose companies to uncertainty, conflicting rulings, or unenforceable judgments. By […]
Introduction The role of good faith and fair dealing in international contracts has become one of the most debated yet essential concepts in global commerce. Good faith, which requires honesty, transparency, and cooperation, and fair dealing, which demands equitable conduct between contracting parties, are principles that cut across legal traditions. In international transactions, where cultural, […]
Introduction The rules of offer and acceptance in international contract law play a decisive role in determining when and how a legally binding agreement is formed across borders. In cross-border transactions, businesses often face challenges because legal systems vary in their interpretation of what constitutes an offer, how acceptance must be communicated, and when a […]
Introduction The concept of jurisdiction and choice of law in international contracts lies at the heart of cross-border transactions. These two elements determine not only which court or arbitral tribunal will resolve disputes but also which national or international legal system will govern the contract. Without clarity on jurisdiction and applicable law, international contracts risk […]
Introduction The Sources of International Contract Law provide the essential foundation for understanding how cross-border agreements are created, interpreted, and enforced. Unlike purely domestic contracts, international agreements must rely on a combination of legal systems, conventions, customary practices, and commercial principles. Without identifying and applying these sources correctly, global trade would face uncertainty, unenforceability, and […]
Introduction International Contract Law has become the backbone of modern commerce, binding together companies, investors, and states in a seamless web of legal obligations across borders. In an age where supply chains extend from Shenzhen to Rotterdam and capital flows from New York to Dubai, the ability to create enforceable, predictable, and equitable contracts is […]
ntroduction: İnançlı İşlem (Fiduciary Transaction) The concept of İnançlı İşlem (Fiduciary Transaction) represents a unique feature of Turkish law. It occurs when a party transfers ownership of an asset or a right to another party, not for permanent transfer, but with trust that the transferee will return it or use it in line with a […]
Introduction: İstihkak Davası (Replevin / Ownership Claim) The concept of İstihkak Davası (Replevin / Ownership Claim) is one of the most powerful legal remedies under Turkish enforcement law. It enables the true owner of a property or movable asset to challenge wrongful seizure or possession. In practice, it is often used when goods are confiscated […]
1. Legal Basis of Evidence Law in Turkey Evidence law in Turkey is mainly codified in the: These laws define which facts need to be proven, what constitutes valid evidence, and how courts must evaluate them. 2. Fundamental Principles a. Burden of Proof (İspat Yükü) b. Free Evaluation of Evidence (Hakimin Takdir Yetkisi) c. Legality […]