In Turkey, Contract Law constitutes an important part of the legal system, regulating various issues related to business, commerce, legal disputes, and personal relationships. Article 26 of the Turkish Code of Obligations, under the title “Freedom of Contract,” stipulates that the content of a contract can be freely determined by the parties within the limits set by the law. However, certain contracts specified in Turkish legislation may require specific conditions to be valid. For example, the Contract for Construction in Return for Land (Kat Karşılığı İnşaat Sözleşmesi).

Key aspects of Contract Law in Turkey include:

 

Definition of Contract: Contract Law in Turkey governs agreements between two or more parties where legal obligations are determined. Contracts can be written or oral, but some contract types may be legally required to be in writing.

Types of Contracts: Turkish Law regulates various types of contracts, including sales contracts, lease agreements, employment contracts, transportation contracts, mortgage contracts, license agreements, and many more.

Contract Terms and Applicability: Contract terms are based on the free will of the parties. However, the Turkish Code of Obligations and other relevant legal regulations govern certain fundamental principles and contract terms.

Breach of Contract and Consequences: In cases where one party fails to comply with the contract terms, there are legal remedies available to protect the rights of the other party. These breaches may lead to the payment of compensation or the termination of the contract.

 

The Turkish Code of Obligations, Law No. 6098(TBK), is a significant law that forms the foundation of Contract Law in Turkey, regulating the general rules for many types of contracts. Additionally, there are specific legislations and regulations for different types of contracts.

 

Some common types of contracts and basic information about them:

 

Lease Agreement: A lease agreement regulates the rental of a property or service for a specified period in exchange for a fee. The tenant gains the right to use the property or service for a specific duration.

Contract for Construction in Return for Land: This contract regulates the construction of buildings in exchange for land between the landowner and a construction company or contractor. The construction company builds and sells or leases units by acquiring shares from the land.

Donation Agreement: A donation agreement refers to a contract where one person transfers their property or rights to another person without expecting anything in return. Donations are often made within families or for charitable purposes.

Time-Share Agreement: Time-share agreements regulate the use of a vacation resort or property by different individuals at specific times. Different individuals have the right to use the same property during different time intervals.

Lease Agreement: A lease agreement governs the rental of a property or asset for a specified period. The tenant obtains the right to use the property by paying rent.

Marriage Contract: A marriage contract defines the property regime and other legal aspects of marriage between spouses. This contract regulates property sharing and other marriage-related matters.

Sale Agreement: A sale agreement governs the transfer of ownership of goods from one person to another. The buyer acquires the goods in exchange for a specified price.

Factoring Agreement: A factoring agreement involves a business transferring its accounts receivable to a financial institution. This helps businesses maintain cash flow.

Guarantee Agreement: A guarantee agreement is a contract in which one person guarantees the debt of another person. The guarantor commits to paying the debtor’s debt if they default.

Share Transfer Agreement: A share transfer agreement regulates the transfer of shares in a company. This contract includes agreements among shareholders.

Company Agreement: A company agreement outlines the formation, organization, and operation of a company. It governs the management and rights of partners.

Due-Diligence Agreements: Due diligence refers to a detailed examination of a business or project opportunity. These agreements are made to investigate a company’s financial and legal status.

 

In Turkey, Compensation Law aims to compensate one person or entity for the harm caused by another person or entity. Compensation covers damages resulting from wrongful acts (such as negligence, error, or intent).

Key aspects of Compensation Law in Turkey include:

 

Definition of Compensation: In Turkey, compensation law aims to compensate one person or entity for the harm caused by another person or entity. Compensation covers damages resulting from wrongful acts (such as negligence, error, or intent).

Types of Compensation: Turkish law recognizes two main types of compensation: Material Compensation (the concrete financial value of the damage) and Moral Compensation (compensation for emotional or psychological harm).

Calculation of Compensation: The calculation of compensation can vary depending on the type and amount of damage. In Turkey, compensation calculations typically consider factors such as the concrete financial value of the damage, loss of income, medical expenses, repair costs, and more.

Compensation Lawsuits: Compensation lawsuits are part of the legal process and can be resolved in courts. Compensation claims involve a process where the injured party must prove their violated rights.

Various types of compensation and compensation lawsuits are specified in various legal regulations in Turkish Law.

Some types of compensation and compensation lawsuits include:

 

Material Compensation:

Financial Losses: Material compensation can be claimed when one person or entity causes financial losses to another person or entity through wrongful actions. These losses may include income loss, medical expenses, repair costs, or property damage.

Interest and Delay Compensation: Interest and delay compensation can be claimed due to unpaid debts or debts paid with a delay.

Moral Compensation:

Emotional Harms: Moral compensation can be claimed when one person or entity causes emotional harm to another person or entity through wrongful actions. These harms may include pain, suffering, embarrassment, or loss of dignity.

Defamation or Libel Cases: Moral compensation can be sought in cases where one person is subjected to false accusations or defamation. This compensation aims to restore the person’s damaged reputation.

Death Compensation:

Compensation for Death: The death of one person may result in financial and emotional damages to others. The family or heirs of the deceased can claim compensation for the damages they suffered due to the death, alleging that it was the result of the wrongful actions of another person or entity.

Workplace Accident and Occupational Disease Compensation:

 

Workplace Accident Compensation: Compensation can be claimed against an employer for damages resulting from a workplace accident suffered by an employee.

Occupational Disease Compensation: Compensation can be sought if an employee contracts an occupational disease due to their work, and the employer or insurance institution is responsible.

Rental and Landlord Compensation:

Rental Fees and Tenant’s Default: If a tenant fails to pay the full rental fee, the landlord can claim the unpaid amount as compensation.

Landlord’s Violation of Tenant’s Rights: If a landlord violates a tenant’s rights, the tenant can seek compensation.

 

Types of Compensation Lawsuits:

Tort Compensation Lawsuits: These lawsuits are filed when one person or entity causes harm to another person or entity through wrongful actions. Tort compensation lawsuits may include cases such as traffic accidents, defamation, slander, medical malpractice, and similar situations.

Contractual Compensation Lawsuits: Contractual compensation lawsuits are initiated when a contract is breached, or the terms of the contract are not fulfilled. Violations of written or oral contracts can lead to contractual compensation lawsuits.

Rental Compensation Lawsuits: Rental compensation lawsuits are filed in cases of rental disputes, such as unpaid rent or violations of lease agreements.

Death Compensation Lawsuits: Death compensation lawsuits are brought by the family or heirs of a deceased person when they believe that the death was the result of someone else’s wrongful actions.

Workplace Accident and Occupational Disease Compensation Lawsuits: These lawsuits are filed by employees or their beneficiaries against employers or insurance institutions for damages resulting from workplace accidents or occupational diseases.

 

In Turkey, contracts and compensation law are regulated by the Turkish Code of Obligations and other relevant legal regulations. As Zirve Legal Law Firm, we provide services in the fields of Contract Law and Compensation Law.