The official contract in Turkey and its annulment

The first thing that any new investor thinks about in any country he decides to invest in is to stock his work legally in accordance with the laws of the country and is keen not to violate the laws legislated there, and at the same time protect his rights and legally maintain them in front of the people he may deal with, so the regulation of legal formal contracts is considered One of the most important tools and documents that protect a person in his commercial and investment transactions.

Let's learn in this article about official contracts in Turkey, their types, and related information

A contract is an agreement whereby one or more persons commit themselves to one or more other persons to give something, to do something, or to refrain from doing something

Legal drafting of the contract:

Drafting contracts: expressing the will of the parties to the contract in a legal manner within a written form.

The legal drafting of the contract is based on specific details that preserve the right of both parties through its precise and detailed clauses, and in order for the contract to be valid, it must include the elements.

The first pillar is satisfaction: It is the congruence of the two wills in the contract. Or it is the offer and acceptance or their equivalent in the consensual indication of the origin of the contract. The contract is concluded by mutual consent, that is, by congruence of the offer and acceptance. The agreement on the origin of the contract is the basis for its conclusion, and the original contract includes all the essential matters that the two contracting parties give special importance

The second pillar is the place of the contract: the place of the contract is the one on which the contract is concluded. It can be in kind such as the thing sold, or work or gift, and the place is the thing sold, the price in the sale, the use of the rented and the rent in the rent, the gifted in the gift, the pledged in the mortgage, and the debt guaranteed in the surety contract.

The third pillar: The cause: every event to which the legislator linked something else, whether it exists or not, and it is outside of its essence. This means that the existence of the cause requires the existence of the cause and the absence of the cause. For example: destroying someone else’s money to guarantee and compensate him and kinship is a reason for inheritance.

Types of contracts in Turkey:

  • Civil contracts: which is specific to an order, the subject of a general civil obligation, and it is regulated by civil law, such as barter, gift and will

  • Commercial contracts: those related to an order or commercial transaction, such as buying, selling, real estate and supplying

  • Administrative contracts: This includes contracts regulating the conduct of administrative work, and what does not fall under another clause

What is the role of the lawyer in drafting contracts?

The role of the lawyer in drafting begins with communicating with the parties to the contract to get acquainted with the obligations of each of them, limiting their rights, revealing the risks that are expected to occur from the implementation of the contract, and then setting the appropriate legal structure for it. Among the most important risks that the lawyer must take into account when drafting the contract are the operational, financial, technical and other risks that accompany the implementation of the contract.

The language used in writing contracts in Turkey:

According to Article No. 805 of 1926, all types of Turkish commercial institutions and companies were obligated to use the Turkish language in their contracts and all kinds of communications and records inside Turkey, and if the language is written in more than one language, including Turkish, the language approved by the courts is Turkish.

Exceptions to the use of the Turkish language in contracts:

  1. If Turkish companies conclude contracts outside Turkish territory, these companies can use languages ​​other than Turkish.

  2. Foreign companies and establishment outside Turkey may use any language to formulate a contract where its implementation is in Turkey, and here foreign companies are obligated in the event of contracting with Turkish authorities to use the Turkish language.

Termination of the contract in Turkey and its consequences:

In general, the termination of official contracts in Turkey may be due to natural reasons, for example: the expiration of the contract term in lease contracts.

The termination may be due to circumstances and reasons related to the origin of the agreed contract, for example: termination of the lease contract due to a defect in the property, or due to default in payment, or negligence of the tenant, or for various emergency reasons that differ from one contract to another, and in these cases the contract can be rescinded by filing a lawsuit Judicial to the competent judiciary.

From this point of view, the conditions for contract termination are:

  • The existence of a contract binding on both parties.

  • One of the contracting parties fails to perform its obligations.

  • The obligation of the contracting party requesting the termination of the contract.

The effects of the termination of the contract are represented in achieving its legal effects, as all the effects generated by the contract are absent.

Annulment entails the return of the contracting parties to the state they were in before concluding the contract between them, and in the event that it is impossible to return to this state, compensation may be ordered. Depending on the nature of the contract, the retrospective effect differs from the termination process.

The most important advice we can give you is to seek the assistance of a lawyer before signing any legal contract so that you are fully aware of the legal effects of the contract on you.

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