In Turkish commercial practice, being a merchant (tacir) is not just a label—it is a legal status that creates both benefits and burdens. Merchant status supports speed and certainty in commerce, but it also imposes stricter standards of care, compliance duties, and—most importantly—stronger creditor remedies. Below is a practical overview of the main consequences typically […]
1) What is a “commercial enterprise transfer”? A commercial enterprise is generally understood as an independent, continuous business operation that exceeds the scale of a simple artisan activity. A “transfer” means handing over the business as an economic whole, rather than selling individual items one by one. A key distinction: Because of this, an enterprise […]
1) Why standard terms are legally “high risk” Standard contract terms (terms and conditions drafted in advance for repeated use) are efficient, but they also create an imbalance: one party writes the rules, the other party merely “joins” them. Turkish contract law responds by applying a three-step filter: In disputes, winning often depends less on […]
1) What is a “blank signature” and why it is legally dangerous? A blank-signed document is a paper or instrument signed while the text is empty or incomplete, later filled in by the other party. In business life, this often happens “for convenience” (e.g., “we’ll fill the amount later”), but it creates a severe legal […]
1) What is culpa in contrahendo? Culpa in contrahendo (pre-contractual liability) is liability that may arise before a contract is formed (or even when a contract is later found invalid), where one party’s conduct during negotiations violates good faith and causes the other party to suffer loss. In simple terms:You may be liable not because […]
1) Why form requirements matter (more than people think) In day-to-day business, parties often believe that “if we agreed, it’s binding.” Turkish contract law generally respects freedom of form, meaning most contracts can be concluded orally. However, Turkish legislation also imposes mandatory form requirements for certain transactions—especially those that affect third parties, involve registration systems, […]
1) Why these three concepts matter in real disputes When a contract is “problematic,” the label you choose—nullity, voidability, or suspended invalidity—often decides the case before you even reach damages. That’s because each category determines: In Turkish practice, these concepts typically map as follows: 2) Nullity (Absolute Nullity): the contract is void from day one […]
1) Why Offer and Acceptance Matter in Turkey In Turkey, many contractual disputes start with a basic question: “Did we actually agree?” A signature is not always required for a contract to exist. Under the Turkish Code of Obligations (TCO / TBK), the essential idea is that a contract is formed through matching declarations of […]