The contract is a legal relationship established by explaining the mutual and compatible intent of the parties. It is a right that is guaranteed by the Constitution.
In general, it is accepted that a legal relationship is established between the parties from the moment that their verbal will reach to each other in cases where the written form requirement is not required.
It is also possible and valid to make a declaration of intent explicitly or implicitly.
The most important issue for the contract to be considered established is the condition that the parties have reached an agreement on the essential points of the contract. Failure to agree on secondary points does not prevent the contract from being considered established.
The validity of the contracts is not subject to any form, unless otherwise stipulated by law. However, if a form requirement is imposed by the legislator for any type of contract, this becomes the validity condition of that contract and if the condition is not met, the contract is not considered established.
The amendments of the contracts that are mandatory to be made in writing in the law must also be made in writing. The form requirement stipulated by the legislator for the establishment of the contract must also be followed in the amendment and termination of the contract.
In the 13th article of our Code of Obligations, the legislator has regulated as an exception to the rule that the amendments in a contract for which complementary provisions that do not contradict the text of the contract are to be made in writing must also be made in writing.
In the contracts that require written form, it is obligatory to have the signatures of those who are under debt. There is no requirement that the creditor's signature be present.
In addition to written contracts that can be signed with secure electronic signature, it has been accepted that the written form requirement is also provided for signed letters, telegrams signed by those who are under debt, faxes and similar communication tools provided that they are confirmed.
It is possible to put the signature with secure electronic signature other than handwriting. In addition, in cases where it is accepted to be signed in a different way according to usage and custom and in cases where more than one negotiable instrument is signed, it is deemed valid to put the signature with a tool other than handwriting.
The signatures of the visually impaired people are valid. In the event of visually impaired person requests it, a witness is sought in the signature process.
The legislator has also regulated the signs that are considered as signature. These are signs created by using fingerprints, a handmade sign or a seal.
Parties other than the legislator may also decide on the validity of the contract. However, in this case, it is imperative that the validity form of the contract is not determined by the legislator as compulsory.
When the parties decide on the validity form of the contract to be arranged between them, the rules regarding the form will now be binding for both parties.
Another important issue in contract law is that a person acknowledges a debt in any written document. In this case, it is sufficient and valid for the person to acknowledges the debt without any condition. In our Code of Obligations, this issue is regulated as "Acknowledgement of Debt" in Article 18.
Another important subject of contract law is the interpretation of the contract. Parties frequently fall into disagreement in the interpretation of the articles in the contract and have difficulties during the performance phase.
In the interpretation of the articles in the contract, real and common intents are taken as basis. The content, subject and type of the contract cannot be determined on the basis of their intent that they concealed or not told by mistake or maliciously.
A debtor cannot claim to a third party that, after having issued a document showing that he has acknowledged the debt in written form, this statement was actually filled in simulation.
Today, there are multiple and different types of contracts used in both commercial, private and public areas.
In the evaluation of contracts, it is important to determine the type first. This ensures that the applicable law and other legislation are correctly determined.
Different types of contracts have also been adopted in Private International Law.
MÖHUK numbered 5718 has adopted special binding rules in terms of some special contract types as well as the general binding rules regarding the law applicable to contracts.
Some of the most common types of contracts we encounter in daily and commercial life are as follows:
-Subscription Agreement
-Labor contract
-Lease contract
-Purchase and sale contract
-Service contract
-Deed of partnership
-Articles of association
-Attorney's retainer agreement
-Construction contract in return for flat
-Construction repair contract
-Carriage contract
-Insurance contract
-Inheritance contract
-Marriage contract
-Agency agreement
-Commission contract
-Consultancy agreement
-Consumer contract
-Distant sales contract
-Intellectual and Industrial Rights Agreement
-Franchise agreement
-Leasing agreement
-Loan agreement
-Credit surety agreement
-Tour contract
-Investment contract
-Contract of affreightment
-Contract of construction
-Contract for lifelong support
-Current account agreement
-Business transfer agreement
-Release agreement
-Agreement of cancellation of labor contract
-Arbitration agreement
-Non-competition agreement
-Contract of guarantee
-Contract of surety
-Safekeeping contract
-Royalty contract
-Letter of credit agreement
-Mortgage contract
-Housing loan agreement
-Consumer loan agreement
-Portfolio management agreement
-Football transfer contract
-License agreement
-Sponsorship contract
-Assignment agreement
-Concession agreement
Each contract must be evaluated within the framework of its special legislation to which it will be subject. In specific cases, it is also possible to coexist different types of contracts in the same event. In these cases, a separate examination and interpretation should be made in terms of the provisions in the interpretation and evaluation of the contract.
