Contract Law

Contract Law; Contracts are declarations of intent expressed by at least two people in accordance with each other to produce a specific legal result. In a contract, every individual or legal entity that declares their intent to produce a legal result is called a party.

The Constitution has provided constitutional guarantee for freedom of contract with the provision “Everyone has the freedom to work and contract in the field they wish.” in Article 48. The freedom of contract has also been protected with the provision “Parties may freely determine the content of a contract within the limits stipulated by law” in Article 26 of the Code of Obligations.

Parties are free to make or not to make a contract, choose the party to the contract, terminate the contract and change its content, choose the form and type of the contract, and determine the content of the contract. Freedom of contract, which is one of the rights regulated in the Constitution and the law, can only be limited in exceptional cases. Contracts that are contrary to the mandatory provisions of the law, morality, public order, personal rights or whose subject matter is impossible are absolutely null and void.

All contracts have constituent elements that are valid within the scope of Contract Law:

-The subject of the contract must not be impossible.

-The parties to the contract must be competent.

-The contract must not be contrary to morality, decency and public order.

            The laws do not include all types of contracts. Parties can make all contracts that are possible and that do not violate mandatory provisions, morality, public order, personal rights, through mutual agreement. 

            Sales contract, goods exchange contract, work (exception) contract, agency contract, brokerage contract, service contracts, rental contract, commission contract, surety contract, ordinary partnership contract, loan contract, death support contract, storage contracts, loan contracts, donation contract, donation promise contract, lifetime income contract, contract, release contract, inheritance contract, authority contract, arbitration contract, confidentiality contract, non-competition contract, pre-emption contract, repurchase (loyalty) contract, current account contract, adoption contract, marriage (property regime) contracts, factoring contract, leasing contract, guarantee contract, real estate sales promise contract, floor construction contract in return for land share, Franchising agreements are some of the agreements arranged by us.

            If one of the parties violates the provisions of the contract, this will result in various legal sanctions. It is important to obtain consultancy services for the legal procedures that can be followed in case of termination by one of the parties, as well as the establishment of the contract. The contract can be terminated unilaterally, or it can be terminated by the agreement of the parties or for various reasons.