Introduction In contractual relationships, rights and obligations do not always remain with the original parties throughout the entire duration of the contract. In many situations, parties may wish to transfer their rights or obligations to another person. Turkish law recognizes this possibility through the legal mechanisms known as assignment of claims (alacağın devri) and transfer […]
Introduction Contracts are generally considered legally binding agreements formed after parties mutually consent to specific terms. However, legal responsibility may arise even before a contract is officially concluded. This concept is known as pre-contractual liability, or in legal doctrine, “culpa in contrahendo.” Pre-contractual liability refers to the responsibility of parties who act unfairly, dishonestly, or […]
Introducción Los contratos se forman cuando dos o más partes llegan a un acuerdo que crea obligaciones jurídicamente vinculantes. Uno de los mecanismos fundamentales mediante los cuales se establecen los contratos es el proceso de oferta y aceptación, conocido en el derecho turco como “icap ve kabul”. Según el derecho turco, la formación de un contrato generalmente requiere que una de las partes […]
Introduction The principle of freedom of contract is one of the most fundamental concepts in modern private law. It allows individuals and legal entities to freely decide whether to enter into a contract and to determine the terms of their agreement. This principle is essential for maintaining flexibility, efficiency, and autonomy in economic and commercial […]
Introduction Contracts form the legal foundation of many personal, commercial, and professional relationships. In modern legal systems, contracts regulate agreements between parties by defining their rights and obligations. In Turkey, contractual relationships are primarily governed by the Turkish Code of Obligations (Türk Borçlar Kanunu – TBK). Turkish law recognizes a wide variety of contract types […]
Introduction Contracts are designed to ensure that parties fulfill their obligations as agreed. However, in practice, parties sometimes fail to perform their contractual duties on time or in the manner specified in the agreement. To reduce the risk of non-performance and protect contractual interests, many contracts include penalty clauses, known in Turkish law as “cezai […]
Introduction Contracts form the foundation of legal and commercial relationships by establishing binding obligations between parties. However, contractual relationships do not always continue indefinitely. In many cases, contracts eventually come to an end due to fulfillment of obligations, mutual agreement, or legal reasons. Under Turkish law, the termination of contracts is primarily regulated by the […]
Introduction Contracts are fundamental tools that regulate legal and commercial relationships. In Turkey, contracts form the basis of numerous transactions ranging from business partnerships and employment agreements to real estate deals and international trade. To ensure that a contract is enforceable and legally valid, it must comply with the rules established under the Turkish Code […]