Contracts Law
This section covers the core institutions of the law of obligations — from contract formation to termination, from performance to adaptation. The articles are prepared in light of the Turkish Code of Obligations (No. 6098).
Contracts law articles
- 01
Contract Formation: Declaration of Intent, Offer and Acceptance
The formation of contract under TBK m.1-11
How is a contract formed? What are offer and acceptance, why must the essential elements coincide? Formation and form requirements under TBK m.1-11.
18 April 20266 min - 02
Invalidity of Contract: Absolute Nullity (Butlan) and Voidability
TBK m.27, m.28 and defects of intent
When is a contract invalid? Absolute nullity, voidability, defects of intent, unjust exploitation and lack of form under the Turkish Code of Obligations.
10 April 20266 min - 03
Impossibility of Performance and Termination of the Obligation: TBK m.136-137
Absence of fault, partial impossibility and restitution
How does impossibility of performance extinguish the obligation, and how does liability in damages arise where the impossibility is fault-based? A comprehensive analysis under TBK m.136-137.
02 April 20266 min - 04
Penalty Clause: Types, Validity and the Court of Cassation's Approach
Application of the penalty clause under TBK m.179-182
What is a penalty clause and what are its types? Alternative, additional and recissory penalty clauses, and reduction of excessive penalties under TBK m.179-182.
25 March 20266 min - 05
Termination of Contract: Distinctions Between Termination, Rescission and Conversion
Creditor's elective rights on debtor default — TBK m.125-126
How is a contract terminated, and what is the difference between rescission and termination? Application of TBK m.126 in continuous contracts and the concept of conversion.
18 March 20266 min - 06
Breach of Contract and Damages: Positive and Negative Damages
Consequences of breach under TBK m.112-114
What damages can be claimed on breach? The distinction between positive and negative damages, proof of fault, and application of TBK m.112-114.
12 March 20266 min - 07
Liability for the Acts of Performance Assistants: TBK m.116
The debtor's strict liability for the acts of auxiliary persons
How is the debtor liable for damage caused by an auxiliary person? The distinction between TBK m.116 and the employer's liability in tort under TBK m.66.
04 March 20266 min - 08
Standard Terms and Consumer Protection: The 'Unwritten' Sanction
Review of unfair terms under TBK m.20-25 and TKHK m.5
When are standard contractual clauses invalid? Standard terms, the 'unwritten' sanction and review of unfair terms in consumer contracts.
25 February 20266 min - 09
Joint and Several Liability: The Creditor's Rights and the Internal Relationship Among Debtors
Chained liability under TBK m.162-169
How does joint and several liability arise, what may the creditor demand from each debtor? The internal recourse relationship and application of TBK m.162-169.
12 February 20265 min - 10
Right of Withdrawal in Consumer Contracts: Distance, Off-Premises and Financing Contracts
Application of TKHK m.48-49 and the Distance Contracts Regulation
How many days is the right of withdrawal, how is it exercised, which contracts does it cover? A detailed guide to the 14-day period, its starting date and exceptions under TKHK.
28 January 20266 min