Contract and Obligations Law
Information on drafting and reviewing contracts, breach of contract and collecting receivables under Turkish law, for individuals and businesses in Şanlıurfa.
Contract and obligations law (sözleşmeler ve borçlar hukuku) governs agreements between individuals and businesses and the obligations that arise from them. It is regulated mainly in the Turkish Code of Obligations (Türk Borçlar Kanunu). Carefully drafted contracts help prevent disputes; when problems arise, the contract terms and the law determine the rights of each party. Foreign individuals and companies doing business in Turkey often need contracts in two languages.
Scope of services
- Drafting and reviewing sales, service, works and construction contracts (eser sözleşmesi)
- Bilingual contracts and review of contracts in foreign languages
- Contracts for the sale of real estate and preliminary sale agreements (satış vaadi sözleşmesi)
- Penalty clauses (cezai şart) and standard terms (genel işlem koşulları)
- Formal notices (ihtarname) and default procedures
- Claims for payment, performance and damages for breach of contract
- Collection of receivables (alacak davası and icra takibi)
- Mediation (arabuluculuk) in commercial and civil disputes
How does the process work?
- The contract, correspondence, invoices and payment records are reviewed.
- The rights and obligations of the parties and possible risks are explained.
- A contract is drafted or amended, or a formal notice is sent to the other party.
- If the dispute continues, mediation, enforcement proceedings or a court action is assessed and initiated.
- The proceedings are followed until the decision and, where applicable, until collection.
Frequently asked questions
Does a contract have to be in writing?
As a rule, contracts are valid without a specific form. However, the law requires a specific form for some contracts, for example official form before the land registry or a notary for real estate sales. Written contracts also make proof much easier.
How long can a receivable be claimed?
The general limitation period (zamanaşımı) is ten years, but shorter periods apply to many claims, such as five years for rent, certain commercial and service claims. The applicable period should be checked for each claim.
Is mediation mandatory before going to court?
For certain disputes, such as commercial claims for payment, mediation is a prerequisite for filing a lawsuit. Parties abroad may participate through a lawyer or by video conference.
For questions about a contract or receivable, please use our contact page.