The Obligation to Draft Contracts in Turkish

The Obligation to Draft Contracts in Turkish | İzmir Lawyer | Izmir Law Firm

The Obligation to Draft Contracts in Turkish

The Law No. 805 of 1926 concerning the Compulsory Use of Turkish in Economic Establishments mandates that companies of Turkish nationality must draft all their contracts within Türkiye in Turkish.

Article 1 – All companies and institutions of Turkish nationality are obliged to keep all their transactions, contracts, correspondence, accounts, and ledgers in Turkish within Türkiye.

Article 2 – For foreign companies and institutions, this obligation is limited to their correspondence, transactions, and contact with Turkish institutions and Turkish citizens, and to the documents and ledgers they are required to present to any government department or official.

Article 3 – Although the companies and institutions mentioned in the second article may use a language other than Turkish in their transactions, Turkish is the primary language, and the signatures of the responsible parties must be placed below the Turkish text. Despite this prohibition, even if the signature is placed below a section or copy written in another language, the Turkish version shall be considered valid.

Law on the Mandatory Use of Turkish in Economic Institutions

Regarding the implementation of Law No. 805, the Court of Cassation (11th Civil Chamber, November 30, 1979, 3303/5469, YKD 1980, no: 3, pp. 388 et seq.) ruled that a letter of guarantee would be valid for one month from the date of shipment, but not later than March 15, 1975. because the condition is written in English It was deemed invalid, and the letter was accepted as an unconditional guarantee letter.

In the same Supreme Court decision, it was accepted that in cases where the nature and characteristics of the work necessitate the use of foreign terms and expressions in a contract originally drafted in Turkish, it is possible and valid for the parties to include international terms and expressions as special conditions.

Supreme Court 11th Civil Chamber, 07.04.1980, 1912/1864

The documentation requirement written in French in the letter of guarantee does not, by its nature and characteristics, oblige the verbatim use of international terms and expressions; rather, it relates to the documentation condition of the guarantee that could and is customary to be written in Turkish within the French-language requirement..

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