{"id":2612,"date":"2021-01-27T11:46:50","date_gmt":"2021-01-27T08:46:50","guid":{"rendered":"https:\/\/www.efeshukuk.com\/?p=2612"},"modified":"2021-06-24T18:32:03","modified_gmt":"2021-06-24T15:32:03","slug":"sozlesme-nedir","status":"publish","type":"post","link":"https:\/\/efeshukuk.com\/en\/sozlesme-nedir\/","title":{"rendered":"What is a contract?"},"content":{"rendered":"
\"S\u00f6zle\u015fme<\/figure><\/div>\n\n\n\n

What is a contract?<\/strong> | Commercial Lawyer | Lawyer in Izmir | Law Firm in Izmir<\/strong><\/p>\n\n\n\n

TDK’ye G\u00f6re S\u00f6zle\u015fme Nedir?<\/strong><\/h2>\n\n\n\n
\"Derdest<\/a><\/figure>
\n

agreement<\/strong><\/p>\n\n\n\n

1. <\/strong>name <\/em>The act of making an agreement, a covenant.<\/p>\n\n\n\n

2. <\/strong>name, law <\/em>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.
      \u201cAnayasa, her \u015feyden \u00f6nce b\u00fct\u00fcn vatanda\u015flar\u0131n uymak zorunda oldu\u011fu bir toplum s\u00f6zle\u015fmesidir.” – <\/em>Necati Cumali<\/strong><\/p>\n\n\n\n

3. <\/strong>name <\/em>The document that shows this transaction is the contract:
      \u201c\u0130lgili s\u00f6zle\u015fmelerin alt\u0131na imzam\u0131z\u0131 koyarken bu imzaya sad\u0131k kalma konusunda ne \u00f6l\u00e7\u00fcde niyetliydik?” – <\/em>Ahmet Cemal<\/strong><\/p>\n<\/div><\/div>\n\n\n\n

What is a Contract in the Context of Law?<\/strong><\/h2>\n\n\n\n

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.<\/p>\n\n\n\n

Types of Contracts<\/strong><\/h2>\n\n\n\n

Types of Contracts According to the Parties<\/h3>\n\n\n\n
  1. Contracts that impose obligations on one party.<\/li>
  2. Contracts that impose obligations on both parties
    1. Contracts that impose obligations on both parties.<\/li>
    2. Incomplete bilateral contracts<\/li><\/ol><\/li>
    3. Multilateral Agreements<\/li><\/ol>\n\n\n\n

      The Principle of Freedom of Form in Contracts<\/strong><\/h2>\n\n\n\n

      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.<\/p>\n\n\n\n

      ARTICLE 12- <\/strong>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.<\/span><\/p>Turkish Code of Obligations<\/a><\/span><\/cite><\/blockquote>\n\n\n\n

      Freedom of Contract <\/strong><\/h2>\n\n\n\n

      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.<\/p>\n\n\n\n

      ARTICLE 26- <\/strong>The parties may freely determine the content of a contract within the limits prescribed by law.<\/span><\/p>Turkish Code of Obligations<\/a><\/span><\/cite><\/blockquote>\n\n\n\n

      Some extensions of this freedom can be listed as follows:;<\/p>\n\n\n\n