What is a contract?

What is a contract? | Commercial Lawyer | Lawyer in Izmir | Law Firm in Izmir

TDK’ye Göre Sözleşme Nedir?

agreement

1. name The act of making an agreement, a covenant.

2. name, law A transaction, agreement, covenant, or contract that occurs through the mutual and congruent declarations of will of two or more persons or organizations for the purpose of producing legal consequences.
      “Anayasa, her şeyden önce bütün vatandaşların uymak zorunda olduğu bir toplum sözleşmesidir.” – Necati Cumali

3. name The document that shows this transaction is the contract:
      “İlgili sözleşmelerin altına imzamızı koyarken bu imzaya sadık kalma konusunda ne ölçüde niyetliydik?” – Ahmet Cemal

What is a Contract in the Context of Law?

A contract can be defined as a legally binding transaction established when at least two individuals mutually and congruently declare their intention to enter into a contract. According to the Turkish Code of Obligations, a contract is formed when the parties mutually and congruently declare their intentions. This declaration of intent can be explicit or implicit.

Types of Contracts

Types of Contracts According to the Parties

1. Contracts that impose obligations on one party.
2. Contracts that impose obligations on both parties
   1. Contracts that impose obligations on both parties.
   2. Incomplete bilateral contracts
3. Multilateral Agreements

The Principle of Freedom of Form in Contracts

Article 12 of the Turkish Code of Obligations grants freedom of form to contracts, stipulating that contracts are not bound by any formal requirements. However, this freedom is limited by circumstances explicitly stipulated in the law. This limitation is also defined as a condition of validity.

ARTICLE 12- The validity of contracts is not subject to any specific form unless otherwise stipulated by law. The form prescribed by law for contracts is, as a rule, a requirement for validity. Contracts concluded without complying with the prescribed form are null and void.

Turkish Code of Obligations

Freedom of Contract

The principle of freedom of contract is one of the most fundamental principles of our legal system. Under this principle, everyone can enter into contracts with whomever they wish, and by reaching a mutual agreement, they can regulate the content of the contract as they see fit. Contractual arrangements created by mutual agreement, in other words, by the common will of the parties, are binding on the parties as if they were law.

ARTICLE 26- The parties may freely determine the content of a contract within the limits prescribed by law.

Turkish Code of Obligations

Some extensions of this freedom can be listed as follows:;

• Freedom to enter into a contract or not.
• Freedom to enter into a contract or not.
• Freedom to choose the form of the contract
• Freedom to terminate the contract and change its content.
• Freedom to determine the content of the contract

Validity of the Contract

According to the Turkish Code of Obligations and related legislation, there are certain conditions that must be met for a contract to be valid. These are:;

• The declarations of intent of the contracting parties must be sound.
• The contract must not violate mandatory provisions of the law.
• The contract must not be contrary to public order.It is.
• The contract must not be contrary to general morality.
• The obligations under the contract must not be impossible to fulfill.
• The contract must not violate personal rights.

If the parties to a contract exceed the limits set by law when defining the subject matter, the consequence is the invalidity of the contract.

Signature

Contracts that are required to be in writing must include the signatures of those who assume the obligation. İmzanın, borç altına girenin el yazısıyla atılması gerekmektedir.. Güvenli elektronik imza da, el yazısıyla atılmış imzanın bütün hukuki sonuçlarını doğurur. İmzanın el yazısı dışında bir araçla atılması, ancak örf ve âdetçe kabul edilen durumlarda ve özellikle çok sayıda çıkarılan kıymetli evrakın imzalanmasında yeterli sayılır.  Görme engellilerin talepleri halinde imzalarında şahit aranır. Aksi takdirde görme engellilerin imzalarını el yazısı ile atmaları yeterlidir.

Those who cannot sign may use a fingerprint, a hand-drawn mark, or a seal in place of a signature, provided it is duly authenticated.

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