Contract Law

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Contract law examines the validity, scope and possible consequences of legal relationships established between parties in the event of breach of contract. Many types of contracts, such as sales, lease, service, work, consultancy, dealership and commercial agreements, are evaluated within this field. Therefore, contract law covers a broad process extending from the preparation of the contract to termination and dispute resolution.

What Is Contract Law?

Contract law examines legal transactions through which parties establish a relationship of rights and obligations by agreeing on a specific matter. The formation and validity of the contract, the performance of the parties’ obligations and the consequences arising in the event of breach of contract are the main subjects of this field.

Each contract is evaluated together with the parties’ will, the subject matter of the contract, formal requirements, the performance process and possible dispute scenarios.

Formation of the Contract and Mutual Agreement of the Parties

In terms of contract law, the parties must agree on the essential elements in order for a contract to be formed. The conformity of offer and acceptance, as well as the determination of the subject matter and price of the contract, are important at this stage.

Circumstances that impair consent, such as mistake, fraud or intimidation, may affect the validity of the contract.

Validity Requirements of a Contract

In terms of contract law, the following requirements must be present together for a contract to be valid:

Capacity of the parties: The parties must have the legal capacity to perform legal transactions.
Mutual consent: The parties must agree on the essential elements of the contract.
Lawful subject matter: The subject matter of the contract must not be contrary to law, morality or public order.
Absence of defects in consent: There must be no mistake, fraud or threat.
Formal requirement: Where required by law, written form or a special form requirement must be complied with.

Turkish Code of Obligations No. 6098

The fundamental regulations in the field of contract law are included within the scope of the Turkish Code of Obligations No. 6098. The Code establishes the main framework for the formation, performance and termination of obligations, as well as situations involving breach of contract.

Types of Contracts

The most commonly used types of contracts within the scope of contract law are as follows:

Sales contracts: They involve the payment of a price in return for the transfer of goods or services.
Lease agreements: They regulate the use of movable or immovable property.
Service contracts: They cover labor and work performance relationships.
Work contracts: They concern the creation of a specific result.
Mandate agreements: They regulate the performance of an act on behalf of another person.
Dealership agreements: They cover commercial distribution and sales relationships.
Confidentiality agreements: They ensure the protection of commercial information.
Consultancy agreements: They regulate the provision of professional expertise services.

Matters to Consider When Preparing a Contract

When preparing a contract, the rights and obligations of the parties must be clearly regulated. In particular, the following elements should be clear:

Obligations of the parties
Payment and performance conditions
Term of the contract
Termination and penalty clause provisions
Security and warranty arrangements
Dispute resolution method

Breach of Contract and Its Consequences

Breach of contract occurs when an obligation is not performed at all, is performed incompletely or is performed late. In such cases, legal remedies such as a claim for performance, compensation, penalty clause, rescission or termination of the contract may come into question.

Termination of Contract and Compensation

A contract may end upon expiry of its term, performance, mutual agreement of the parties or termination for just cause. In compensation claims, damage, fault and causal link are evaluated together.

Consultancy in the Field of Contract Law

Consultancy within the scope of contract law covers the preparation and review of contracts and the analysis of legal risks. The aim is to prevent disputes that may arise between the parties in advance.