Turkish Code of Obligations (Law No. 6098)

A) Establishment of the contract

1) Will statement

generally

Article 1 - The contract is established by the parties explaining their will mutually and in accordance with each other.

The will statement can be explicit or implicit.

Second-order points

Article 2 - If the parties are in agreement on the essential points of the contract, the contract shall be deemed to be established even if the second degree points are not emphasized.

If the second degree points are incompatible, the judge decides the dispute based on the nature of the work.

Provisions regarding the form of contracts are reserved.

2) Suggestion and acceptance

Timed recommendation

Article 3 - It is up to the proposal to set up a contract by accepting a contract until the end of this period.

If acceptance does not reach him within this period; The proposer gets rid of the commitment with his proposal.

Indefinite recommendation

a) Among those who are ready

Madde 4 - If a proposal to a person who is ready for admission is not accepted immediately, without a deadline set; the proposer is freed from the commitment with his proposal.

Suggestions made during direct communication with devices that can communicate such as telephone and computer are considered to be made among those who are ready.

b) Among those who are not ready

Madde 5 - A proposal made to a person who is not ready for admission, without a deadline, binds the proposer until a timely and duly submitted response can be expected to arrive.

The proposer may consider his proposal reached on time.

If the timely acceptance reaches the proposer late and the proposer does not want to be connected with it, he must notify the acceptor immediately.

implicit acceptance

Madde 6 - If the proposer does not have to wait for a clear acceptance due to the law or the nature of the work or the situation, if the proposal is not rejected in an appropriate time, the contract is deemed to have been established.

Shipment of non-bespoke

Madde 7 – Sending something that has not been ordered is not considered a recommendation. The person who receives this thing is not obliged to return it or keep it.

Non-binding recommendation and public recommendation

Madde 8 - If the proposer expresses clearly that he reserves the right not to be bound by his proposal, or if it is understood that he does not intend to commit due to the nature of the work or the situation, his proposal does not bind him.

Displaying the goods by showing the price or sending the tariff, price list or the like is considered as a suggestion unless otherwise clearly and easily understood.

Promise rewards via posting

Madde 9 - Anyone who declares that he will award a reward for the realization of a result is obliged to fulfill his promise.

The prizeeer is obliged to pay the expenses made in accordance with the rules of honesty, if he / she leaves the promise before the result or prevents the result. However, the sum of the expenses to be paid to one or more people cannot exceed the value of the reward.

If the promise of the award proves that those who want their expenses to be paid can not achieve the expected result, they are relieved of the obligation to pay the expenses.

Withdrawal of proposal and acceptance

Madde 10 – If the take-back notice reaches the other party before or at the same time as the offer, or if it is received later, but is learned by the other party before the offer, the offer is deemed not made.

This rule also applies to the withdrawal of acceptance.

3) The moment of validity of the contract between those who are not ready

Madde 11 - Contracts established between those who are not ready become effective starting from the moment the acceptance is sent.

In cases where a clear acceptance is not required, the contract will start from the moment of receipt of the proposal.

B) Form of contracts

General rule

Madde 12 - The validity of the contracts is not dependent on any form, unless otherwise stipulated by law.

The form stipulated in the law for contracts is, as a rule, a form of validity. Contracts established without complying with the prescribed form do not constitute a provision.

Written form

legal form

coverage

Madde 13 - It is obligatory to comply with the written form in the amendment of a contract stipulated to be made in writing in the law. However, supplementary clauses that do not contradict the text of the contract are excluded from this rule.

This rule also applies to forms of validity other than written form.

Elements of

Madde 14 - In the contracts that are stipulated to be made in writing, the signatures of those who are under debt must be found.

Unless otherwise stipulated in the law, a signed letter, a telegraph signed by those who borrowed the originals, fax or similar communication tools provided that they are confirmed, or texts that can be sent and stored with secure electronic signature also replace the written form.

Signature

Madde 15 - The signature must be written in the handwriting of the debtor. Secure electronic signature also has all the legal consequences of a handwritten signature.

Throwing the signature with a tool other than handwriting is considered sufficient only in cases accepted in customs and customs and especially in signing a large number of valuable documents.

Witnesses are sought in the signatures of the visually impaired, upon request. Otherwise, it is sufficient for the visually impaired to put their signatures in handwriting.

Signs replacing signature

Madde 16 - Those who cannot sign can use fingerprints, a hand-made sign or a seal, provided that it is duly approved instead of signature.

Provisions regarding bills of exchange are reserved.

voluntary shape

Madde 17 - If a contract not formalized in the law is decided by the parties to be made in a certain way, the contract not concluded in the specified way shall not be bound by the parties.

If the written form is decided without any determination, the provisions regarding the legal form are applied.

C) debt recognition

Madde 18 - Debt recognition is valid even if it does not include the reason for the debt.

D) Interpretation of contracts, collusive transactions

Madde 19 – In determining and interpreting the type and content of a contract, the real and common will of the parties is taken as a basis, regardless of the words they use by mistake or to hide their true purpose.

The borrower cannot defend against the third party who has earned his credit by relying on a written debt recognition that this transaction is fictitious.

E) General trading conditions

generally

Madde 20 - General transaction conditions are the contractual provisions that are prepared by the other party by preparing them individually in advance, in order to use them in many similar contracts in the future. The inclusion of these conditions in the text of the contract or its annex, its scope, type and form of writing is not important in terms of qualification.

The fact that the texts of the contracts issued for the same purpose are not identical does not prevent the provisions contained in these contracts from being counted as general transaction conditions.

Records that each of these terms, which are put into a contract or a separate contract containing general transaction terms, are discussed and accepted, does not by itself exclude them from being a general transaction condition.

The provisions regarding the general conditions of operation are applied to the contracts prepared by the persons and organizations that carry out their services with the permission granted by the law or competent authorities, regardless of their qualifications.

coverage

Do not count unwritten

Madde 21 - Inclusion of general transaction conditions contrary to the benefit of the other party within the scope of the contract depends on the fact that the issuer clearly informs the other party about the existence of these conditions and provides the opportunity to learn the content of these conditions during the conclusion of the contract, and the other party accepts these conditions. Otherwise, the general terms of operation are deemed not written.

General transaction conditions, which are foreign to the nature of the contract and the nature of the work, are also considered to be unwritten.

The effect of being considered unwritten on the contract

Madde 22 - The provisions of the contract, other than the general transaction conditions deemed to be unwritten, remain valid. In this case, the organizer cannot claim that he would not conclude the contract with other provisions had it not been for the conditions deemed unwritten.

Interpretation

Madde 23 - If a provision in the general transaction conditions is not clear and understandable or has more than one meaning, it is interpreted against the organizer and in favor of the other party.

Prohibition of replacement

Madde 24 – Records in a contract with general transaction conditions or in a separate contract that authorize the organizer to unilaterally change a provision of the contract containing the general transaction conditions or introduce a new regulation against the other party shall be deemed not written.

Content control

Madde 25 – Provisions cannot be made against the other party or aggravating the situation of the other party, contrary to the general transaction conditions and the rules of good faith.

F) Content of the contract

freedom of contract

Madde 26 – The parties can freely determine the content of a contract within the limits prescribed by law.

absolute nullity

Madde 27 - Contracts that are contrary to the mandatory provisions of the law, morality, public order, personal rights or whose subject is impossible are absolutely null and void.

The fact that some of the provisions in the contract are null and void does not affect the validity of others. However, if it is clear that the contract will not be made without these provisions, the entire contract will be absolutely null.

overexploitation

Madde 28 – If there is a clear disproportion between the mutual acts in a contract, if this disproportion is realized by taking advantage of the injured party's being in a difficult situation or his thoughtlessness or inexperience, the injured party may either inform the other party that it is not contractually bound, or return the performance to the contract, depending on the nature of the situation. and may request the elimination of the disproportion between the acts.

He learned this damaged right, his thoughtlessness or inexperience; In case of difficulties, it can be used within one year starting from the date when this situation disappears and in any case within five years starting from the date of establishment of the contract.

Foreword

Madde 29 - Contracts for the future establishment of a contract are valid.

Except for the exceptions stipulated by law, the validity of the pre-contract depends on the form of the contract to be established in the future.

G) Disorders of will

lapse

The provisions of error

Madde 30 – The party that made a fundamental mistake while establishing the contract is not bound by the contract.

Error states

Mistake in statement

Madde 31 - In particular, the following cases of error are based:

1. If the wrong person has declared his will for another contract other than the one he wishes to establish.

2. If the erroneous declared his will for another matter than he wanted.

3. If the wrong person has declared the will to make a contract to the person he actually wants to contract with.

4. If the erroneous takes into account a person with certain qualifications when making the contract, but declared his will for another person.

5. If the errant has declared its will for a substantially more action than it really wants to undertake, or a significantly less counter-action than what it actually wants.

Simple account inaccuracies do not affect the validity of the contract; these are corrected by correcting them.

fallacy in motive

Madde 32 – Error in motive is not considered a fundamental error. If the mistaken person considers the reason for the mistake to be the basis of the contract and this is in accordance with the rules of honesty in business relations, the mistake is considered essential. However, this situation must be known to the other party.

Error in forwarding

Madde 33 - In the event that the will for the establishment of the contract is conveyed incorrectly by an intermediary such as a messenger or translator or a tool, the provisions of error are also applied.

Integrity rules in error

Madde 34 - Anyone who is wrong cannot claim that he / she is wrong, contrary to the rules of honesty.

In particular, if the other party states that the contract is agreed to be established in the sense intended by the wrongdoer, the contract is deemed to have been established in this sense.

fault in error

Madde 35 – If the wronged person is at fault in his mistake, he is obliged to compensate for the damage arising from the invalidity of the contract. However, compensation cannot be claimed if the other party knew or should have known about the mistake.

In cases where equity requires, the judge may award more compensation, provided that it does not exceed the expected benefit from performance.

Deception

Madde 36 - If one of the parties has made a contract as a result of the deception of the other, it is not bound by the contract, even if the error is not fundamental.

The party making a contract as a result of the deception of a third party is not bound by the contract if the counterparty knows or can know the deception at the time of the contract.

Intimidation

Ruling

Madde 37 – If one of the parties has made a contract as a result of intimidation of the other or a third party, it is not bound by the contract.

If the frightened third party is not knowing or knowing how to scare the other party, the frightened, who does not want to adhere to the contract, is obliged to pay compensation to the other party if it requires equity.

Terms & conditions

Madde 38 - If the frightened person is justified in believing that there is a serious and imminent risk of harm to his or one of his relatives' personal rights or assets, the intimidation is deemed to have occurred.

When a contract is made with the intimidation that a right or a lawful authority will be used, the existence of intimidation is accepted if the person who declares that he / she will use this right or authority has provided an extreme benefit from the other party's difficulties.

Elimination of willpower disorder

Madde 39 – If the contracting party does not notify that he is not bound by the contract or does not demand back what he has given, within one year, starting from the moment he learns of the mistake or deception or the effect of the intimidation disappears, as a result of mistake or deception or intimidation, he is deemed to have approved the contract.

Considering a contract that is not binding due to deception or frightening is approved does not eliminate the right to compensation.

H) Representation

Authorized representation

generally

Provision of representation

Madde 40 - The results of a legal transaction made by an authorized representative on behalf and account of another person directly bind the person represented.

If the representative does not report this title while performing the legal transaction, the results of the legal transaction will be his own. However, if the counterparty exits or needs to remove the existence of a representation relationship, or if it is no different to perform the legal action with a representative or a representative, the results of the legal action belong directly to the person represented.

In other cases, the provisions regarding the transfer of the receivable or the undertaking of the debt are applied.

Content and degree of representation

Madde 41 – If the representation on behalf and on behalf of someone else has arisen from public law, the content and degree of the power of representation are subject to the legal provisions on this subject; If the representation arises from a legal transaction, the content and degree of the representation authority is determined according to that legal transaction.

If the authority of representation is notified to third parties, the content and degree of representation is determined according to this notification.

Authority arising from legal action

Limitation and withdrawal of authority

Madde 42 – The represented can at any time limit or withdraw his power of representation arising from a legal transaction. However, the rights that may arise from legal relations such as service, power of attorney or partnership agreements between the parties are reserved.

The representative cannot waive this right in advance.

If he / she has explicitly or indirectly informed the authority he / she has given, to the third parties, he / she cannot claim that the authority has been revoked against the benevolent third parties unless he / she informs them that he / she has fully or partially revoked this authority.

Death, incapacity and other circumstances

Madde 43 – The power of representation arising from the legal transaction ends in the event of the death of the represented or the representative, the decision to be absent, the loss of his capacity to act or his bankruptcy, unless otherwise agreed by the parties or understood from the nature of the business.

This provision also applies if a legal entity expires.

The mutual personal rights of the parties are reserved.

Return of authorization

Madde 44 – If the representative has been given a certificate of authorization, in the event of the expiration of the authorization, the representative is obliged to return this document to the representative or to leave it at the place determined by the judge.

If the representative or his successors do not do what the representative needs to return the document, they are therefore liable to compensate for the harmful third parties.

Failure to assert that the authority has expired

Madde 45 – As long as the representative does not know that his authority has expired, the represented or his successors are bound by the results of the legal actions taken by the representative.

This rule does not apply when third parties know that the authorization has expired.

Unauthorized representation

In case of approval

Madde 46 – If a person takes a legal action as a representative without being authorized, this action only binds the represented if he approves.

The other party to whom the unauthorized representative has dealt with may ask the representative to let them know if they can approve this legal action within an appropriate period. If the transaction is not approved within this period, the other party will be free from being bound by this transaction.

In case of disapproval

Madde 47 – In case the representative does not expressly or implicitly approve the legal transaction, the unauthorized representative may be asked to compensate for the damage arising from the invalidity of this transaction. However, if the unauthorized representative proves that the other party knew or should have known that he was unauthorized at the time of the transaction, he cannot be asked to compensate for the damage.

Other rights may also be requested from the defective unauthorized representative if justified.

Rights arising from unjust enrichment are reserved.

Stored provisions

Madde 48 - The provisions regarding the authority of the partnership representatives, organs and commercial agents are reserved.

Kaynak: https://av-saimincekas.com/en/tbk/turk-borclar-kanunu-6098-sayili/

Applicable Law Based on Nationality
Article 4-
(1) If the applicable law is designated pursuant to nationality under this Act, unless otherwise provided in this Act, the following laws shall apply:
a) With respect to a stateless person, the law of the place of his/her domicile, in the absence thereof, place of his/her habitual residence, and in the absence thereof, the country where he/she is residing on the date of the lawsuit,
b) With respect to a person of multiple citizenship where he/she is also a Turkish citizen, the Turkish law,
c) With respect to a person of multiple citizenship where he/she is not a Turkish citizen, the law of the country with which he/she is most closely connected.

Violation of Public Order
Article 5-
(1) If the provision of the foreign law to be applied in a certain case is openly contrary to the public order of Turkey, the said provision shall not apply. Where it is deemed necessary, Turkish law shall apply.

Directly Applied Provisions of Turkish Law
Article 6-
(1) Where the competent foreign law is applied, in cases where the provisions of Turkish law are directly applied in terms of scope of application and purpose of regulation, the mentioned provision shall apply.

Form of Legal Transactions
Article 7-
(1) Legal transactions can be carried out pursuant to the form being in conformity with the provisions prescribed by substantive law in accordance with the laws of the place of their execution or by the law applicable to the substance of the said legal transaction.

Statute of Limitations
Article 8-
(1) Statute of limitations shall be subject to the law applicable to the substance of the legal transaction and legal relationship.

Chapter II. Rules of Conflict of Laws
Capacity
Article 9-
(1) The legal capacity of a person shall be subject to his/her national law
(2) A person lacking legal capacity pursuant to his/her national law shall be bound by the transaction he/she has concluded if he/she is legally capable under the law of the country where he/she has concluded the transaction. Transactions pertaining to family law and law of succession as well as “in rem” rights on immovable property located in foreign countries are excluded from the scope of this provision.
(3) Change of citizenship shall not change the adult status a person acquired under his/her national law.
(4) The legal capacities of legal entities or units of persons or assets are governed by the law of the jurisdiction where their administrative head-offices are located according to their statutes. However, where the de facto central office is located in Turkey, Turkish law may apply.
(5) The legal capacity of legal entities lacking statute and the group of persons and goods lacking legal entity shall be governed by the law in their “de facto” administrative headquarters.

Guardianship, Restriction of Civil Rights and Curatorship
Article 10-
(1) The legal grounds underlying decisions issuing or revoking guardianship or restriction shall be governed by the national law of the person who is the subject of the said decision.
(2) In cases where it is not possible to issue a decision regarding guardianship or restriction pursuant to the national law of the foreign person, such a decision may be rendered pursuant to Turkish law, provided that the habitual residence of such foreign person is in Turkey. In cases when the said person is in Turkey by necessity, Turkish law shall apply.
(3) All issues regarding guardianship, or restriction except the legal grounds for issuing or revoking guardianship or restriction decisions, shall be governed by Turkish law.

Declaration of absence or death
Article 11-
(1) The decision regarding the declaration of absence or death shall be subject to the national law of that person. If the assets of a person that cannot be declared absent or dead pursuant to the national law of that person are located in Turkey, or his/her spouse or one of his/her heirs is a Turkish citizen, the decision as to declaring the person absent or dead shall be rendered pursuant to Turkish law.

Engagement
Article 12-
(1) The legal capacity to become engaged and the conditions thereof shall be governed by the respective national laws of the parties which are in force at the moment of engagement.
(2) The provisions and consequences of the engagement shall be governed by the common national law or by Turkish law if the parties are of different nationalities.

Marriage and General Provisions
Article 13-
(1) The legal capacity to marry and the conditions thereof shall be governed by the respective national laws of the parties at the time of the marriage.
(2) The form of marriage shall be governed by the law of the country where the marriage is officiated.
(3) The general provisions of marriage shall be governed by the common national law of the spouses. If the spouses are of different nationalities, the law of their common habitual residence shall apply and in the absence of a common habitual residence, Turkish law shall apply.

Divorce and Judicial Separation
Article 14-
(1) The grounds and provisions for divorce and judicial separation shall be governed by the common national law of the spouses. If the spouses have different nationalities, the law of the place of their common habitual residence, in case of absence of such residence, Turkish law shall apply.
(2) The provisions of paragraph one shall apply to demands for alimony between divorced spouses. This provision shall also be valid in cases of judicial separation and nullity of marriage.
(3) Custody and problems thereof as regards divorce shall be subject to the provisions of paragraph one.
(4) Turkish law shall apply to demands for interim measures.

Matrimonial Property
Article 15-
(1) Spouses may clearly designate either the law of their habitual residence or national law at the time of marriage to govern their matrimonial property. Where no such choice has been made, the common national law of the spouses at the time of marriage, or in the absence of common law, the law of their habitual residence at the time of marriage shall apply or in the absence thereof, the Turkish law shall apply.
(2) In case of division of property, for the immovables national law of the country they are located in shall apply. country
(3) If the spouses acquire a new common nationality upon marriage, the laws of their new nationality may govern, provided that the rights of third parties are reserved.

Establishment of Parentage
Article 16-
(1) The establishment of parentage is subject to the national law of the child at the time of birth, if not established then to the law of his habitual residence. If the parentage cannot be established pursuant to these laws, the national law of the mother or father at the time of birth of child, and if it is not established then the law of common habitual residence of parents and if it is still not established the law of place of birth of child shall govern the establishment of parentage.
(2) Annulment is subject to law which has governed the establishment of parentage.

Provisions of Parentage
Article 17-
(1) Provisions of parentage are subject to law that establishes parentage. If there is a common national law of the father, mother and child, that law shall govern if not, common habitual residence law shall govern the provisions of parentage.

Adoption Article 18-
(1) The relevant national law of each of the parties at the time of adoption shall govern the legal capacity and conditions of adoption.
(2) The national laws of the spouses shall be jointly applicable to adoption with respect to the consent to the adoption of the other spouse.
(3) The adoption itself shall be governed by the national law of the adoptive parent, and in case of a joint adoption, by the law governing the general provisions of the marriage.

Alimony
Article 19-
(1) The habitual residence law of the payee shall govern the alimony.

Inheritance
Article 20-
(1) The national law of the deceased shall govern inheritance. Turkish law shall apply to immovable property located in Turkey.
(2) Provisions relating to the reasons of opening, acquisition and distribution of inheritance shall be governed by the law of the country where the country is located.
(3) The Country shall inherit estates situated in Turkey that do not have any inheritors.
(4) The form of a testamentary disposition is subject to the provision of Article 7. A testamentary disposition executed in compliance with the national law of the deceased shall also be valid.
(5) The legal competency to execute a testamentary disposition is governed by the national law of the executing person at the time of execution.

Rights in Rem
Article 21-
(1) The law of the place where the property is located at the moment of transaction shall govern the ownership and other rights in rem on movable and immovable property.
(2) Rights in rem on goods that are en route shall be governed by the law of the country of their destination.
(3) In cases of change of location, un-acquired rights in rem shall be governed by the law of the country where the goods were most recently located.
(4) The form of legal transactions concerning rights in rem on immovable property shall be governed by the law of the country where the immovable property is located.

Transport Vehicles
Article 22-
(1) The rights in rem on the air, sea and railway transport vehicles are subject to the law of the country of origin.
(2) The country of origin of the air and sea transport vehicles is the place where the rights in rem on these vehicles are registered; if there is not such a registration place for sea transport vehicles it is the port of commission and for the railway transport vehicles it is the place of license.

The Applicable Law for Intellectual Property Rights
Article 23-
(1) The rights of intellectual property are subject to the law of country according to whose law their protection is demanded.
(2) The parties may decide that the court's law shall be applied about the resulting claims after the violation of an intellectual property right.

The Applicable Law for Contractual Obligation Relations
Article 24-
(1) The law explicitly designated by the parties shall govern the contractual obligation relations. The designation which can be concluded without hesitation based on the provisions of the contract or is understood from the state of affairs is also valid.
(2) The parties may decide that the designated law shall be applied totally or partially to the contract. (3) The designation of the applicable law can any time be realized and amended by the parties. The designation of law after the conclusion of a contract shall be retrospectively effective on the condition that the rights of third parties are reserved.
(4) If the parties have not explicitly designated any law, the relation arising from the contract shall be governed by the most closely related law to the contract. This law is accepted to be the law of the habitual residence (at the moment of the conclusion of contract) of the debtor of the characteristic performance; the law of the workplace or (in absence of a workplace) the law of the residence of the abovementioned debtor in case the contract is concluded as a result of commercial and professional activities; in case that the debtor has multiple workplaces, the law of the workplace which is the most closely related to the contract. Nevertheless, considering the country of all affairs if there is a law more closely related to the contract, that particular law shall govern.

Contracts Relating to Immovables
Article 25-
(1) The contracts relating to immovables or to their utilization are subject to the law of country where they are located.

Consumer Contracts
Article 26-
(1) The consumer contracts lacking a professional or commercial aim but concluded in order to acquire goods, service or credit are subject to the law designated by the parties provided that the minimum protection which the consumer will have as per statutory provisions of law of his/her habitual residence are reserved.
(2) In case the parties have not designated a law, the law of the habitual residence of the consumer shall apply. In order for this law to be applied;
a) The contract should be concluded upon a specially sent invitation or an announcement, and the required legal acts should be performed by the consumer in the abovementioned country in order for a contract to be established, or
b) The other party or its representative should receive the consumer's orders in the abovementioned country, or
c) In case the relationship is a sales contract, the seller should organize a trip in order to persuade the consumer to purchase and the consumer should travel to another country and give his/her order therein.
(3) The law of the habitual residence of the consumer shall apply to the consumer contracts concluded under the conditions specified in paragraph 2.
(4) This article, excluding package tours, shall not apply to transport contracts and to the contracts in which it is required to provide the service to the consumer in a country different than the location of his/her habitual residence.

Contracts of Employment
Article 27-
(1) The employment contracts are subject to law which is designated by parties as long as the provisions which foresee the minimal protection due to statutory provisions of his/her habitual workplace law are reserved.
(2) In cases where the parties have not designated a law, the law of the habitual workplace of the employee shall govern the employment contract. In case the employee is temporarily working abroad, this workplace will not be deemed as the habitual workplace.
(3) In cases where the employee is working constantly in several countries without working habitually in one country, the employment contract is subject to law of country where the main workplace of the employer is located.
(4) In consideration of all circumstances if there is a law more closely related to the contract, instead of the provisions in second and third clauses, that particular law shall apply.

Contracts Regarding Intellectual Property Rights
Article 28-
(1) Contracts regarding intellectual property rights are subject to law which is designated by parties. (2) If parties have not designated a law, then, the relation resulting from the contract is subject to law of workplace of the party alienating the intellectual right or its utilization at the time of conclusion of contract and if such work place does not exist, the law of habitual residence shall apply. In consideration of all circumstances if there is a law more closely related to the contract, that particular law shall apply.
(3) The contracts between the employee and the employer regarding the intellectual rights on what the employee has created while he/she is working and within the concept of his/her work is subject to the law of employment contract.

Contracts Regarding Transportation of Goods
Article 29-
(1) The contracts regarding transportation of goods are subject to the law which is designated by parties.
(2) In cases where the parties have not designated a law; if the country where the main workplace of the transporter, at the time of conclusion of the contract, is the same place with where the loading and discharge is realized or where the sender's main work place is, it's accepted that this law is the most closely related law to the contract and thus shall apply. One-time charter contracts and other contracts whose main subject is carriage are subject to this provision.
(3) In consideration of all circumstances if there is a law more closely related to the contract, instead of the provisions in second and third clauses, that particular law shall apply.

Representative Authority
Article 30-
(1) The representative authority which arises from the legal relation between representative and the party being represented is subject to the law which governs the relation between the parties.
(2) The conditions required to put the party being represented under commitment against third parties for an act committed by the representative are subject to the law of the representative's workplace. In cases where the representative does not have a workplace or where third parties are unaware of such workplace or where the representative authority is used beyond the workplace, the representative authority is subject to law of the country where the authority is de facto exercised. The relation between the parties in case of representative without authority is also subject to this provision.
(3) If there is an employment relation between the representative and the party being represented and if the representative does not have a workplace, the representative authority shall be governed by the law of the country where the workplace of the party being represented is located.

Directly Applied Rules
Article 31-
(1) While applying the law that the contractual relationship is subject to, the effect of the directly applied provisions of a third country's law may be recognized on condition that they are closely related to the contract. The aim, nature, content and effects of these provisions shall be taken into account in deciding whether to recognize and whether to apply them.

The Presence and Substantial Validity of the Contractual Relationship
Article 32-
(1) The presence and substantial validity of a contractual relationship or one of its provisions is subject to the law of the contract which shall be applied in case the contract is valid.
(2) If it is concluded by considering all the circumstances that it would not be just to recognize the act of one of the parties and subject it to the applicable law, the law of the country of the habitual residence of the party who claims absence of consent to the declaration of intent shall apply.

The Form of Execution and Measures
Article 33-
(1) The acts and transactions undertaken during execution and measures related to the protection of properties are subject to the law of the country where these acts and transactions are realized.

Torts
Article 34-
(1) Obligations arising from torts shall be governed by the law of the country where the tortuous act is committed.
(2) In the event the place the tortuous act is committed is not the place where the damage has occurred, the law of the country where the damage has occurred shall apply.
(3) If another country is more closely connected with the obligation arising from a tortuous act, the law of the said country shall apply.
(4) If the law applying to the tortuous act or to the insurance contract makes it possible, the damaged party can directly assert his/her claim towards the insurer of the liable party.
(5) After the occurrence of the tortuous act, parties can explicitly designate the applicable law.

Liability for Violation of Personality Rights
Article 35-
(1) The claims resulting from the violation of personality rights via media such as press, radio, television or via internet and other mass communications, according to the preference of the damaged party, shall be subjected to;
a) The law of the habitual residence of the damaged party in the event that the party who caused the damage was in a position to know that the damage would occur in that country,
b) The law of country where the workplace or the habitual residence of the party who caused the damage is located, or
c) The law of country where the damage occurred in the event that the damaging party was in a position to know that the damage would occur in that country.
(2) In case of violation of personality rights, the right of reply, in periodicals, is subject to the law of country where the imprint is made or the program is broadcasted.
(3) Paragraph one of the articles shall apply to the claims resulting from the violation of personality by processing personal data or limiting the right of information on personal data.

Non-Contractual Responsibility of The Manufacturer
Article 36-
(1) In accordance with the designation of the damaged party, the responsibility resulting from damages which is caused by the products is subject to the law of the country of the habitual residence or workplace of the damaging party or to the law of the country where the product is acquired. In order for the law of the country of the place of acquisition to be apply, it is necessary that the damaging party is not able to prove that the product is exported to that country against his/her will.

Unfair competition
Article 37-
(1) The demands resulting from unfair competition are subject to law of the country whose market is directly affected by unfair competition.
(2) If, as a result of unfair competition, the interests exclusively related to the enterprise of the damaged party are violated, the law of the country where the workplace of the mentioned enterprise is located shall apply.

Prevention of Competition
Article 38-
(1) The demands resulting from prevention of competition are subject to the law of the country whose market is directly affected by the prevention.
(2) In cases where the foreign law applies to prevention of competition in Turkey, compensation exceeding the compensation which would be given if Turkish law applied in the mentioned case cannot be ruled.

Unjust Enrichment
Article 39-
(1) The demands resulting from unjust enrichment are subject to the law which applies to the existing transactions or which allegedly exist. Otherwise, the law of the place where unjust enrichment has occurred shall apply.
(2) The parties, after unjust enrichment has occurred, can openly designate the law that will apply.

Part II. International Procedural Law
Chapter I. International Jurisdiction of Turkish Courts
International Jurisdiction
Article 40-
(1) International jurisdiction of Turkish courts shall be determined by domestic jurisdiction rules. Lawsuits Concerning the Personal Status of Turkish Citizens

Article 41-
(1) . If lawsuits concerning the personal status of Turkish citizens are not or cannot be filed with foreign courts, the competent court in Turkey based on the relevant place shall handle the case. In case of absence of such competent court, the place where the person in question is a resident shall be a determinant. If the person in question is not a resident in Turkey, the case shall be handled by the court of last domicile and in absence thereof, it shall be filed with the courts of Istanbul, Ankara or Izmir.

Lawsuits Concerning Personal Status of Foreigners
Article 42-
(1) Decisions as to guardianship, curatorship, restriction, declaration of absence and death concerning foreign persons who do not have domicile in Turkey shall be determined by the court where the person concerned is a resident in Turkey, or if he/she is not resident, by the court where his/her assets are located.

Lawsuits related to Inheritance
Article 43-
(1) Lawsuits related to inheritance shall be heard by the court where the deceased had his/her last domicile in Turkey, but if his/her last domicile was not in Turkey, by the court of the place where his/her estate is located.

Lawsuits Related to Employment Contracts and Employment Relations
Article 44- (1)
Regarding the conflicts caused by an individual employment agreement or employment relationship the court of the place where the employee habitually performs his/her work in Turkey is competent. In lawsuits filed by the employee, the Turkish courts in places of the domicile of the employer or the domicile or habitual residence of the employee are competent as well.

Lawsuits Related to Consumer Contracts
Article 45-
(1) Regarding the conflicts arising from the consumer contracts specified in article 26, according to the preference of the consumer, the Turkish courts in places where the consumer's domicile or habitual residence or the counterparty's workplace, domicile or habitual residence is located are competent.
(2) Regarding the conflicts arising from the consumer contracts concluded in accordance with the first paragraph, the competent court is the court of the place where the consumer's habitual residence is located.

Lawsuits related to Insurance Contracts
Article 46-
(1) Regarding the conflicts arising from insurance contracts the court of the place where the actual workplace of the insurer or the branch office or agency that concluded the insurance contract is located in Turkey is competent. Nevertheless, the competent court of jurisdiction in lawsuits filed against the insurance holder or the beneficiary is the court of the place of their domicile or habitual residence in Turkey.

Agreement on Authorization and Limitations
Article 47-
(1) Except in cases where the jurisdiction of a court is determined according to exclusive jurisdiction of specific court principles, the parties may agree on jurisdiction of a court of foreign country in a dispute that contains a foreign element and arises from obligatory relations. The agreement shall be invalid unless it is proven by written evidence. The competent Turkish court shall have jurisdiction only if the foreign court decides that it has no jurisdiction or if a plea as to jurisdiction is not presented in Turkish courts.
(2) The competency of courts specified in articles 44, 45, 46 shall not be removed by the parties' agreement.

Security Payment
Article 48-
(1) Foreign individuals or legal persons who file a lawsuit, intervene in a lawsuit, or initiate execution proceedings before a Turkish court shall be required to provide a security, the amount of which shall be determined by the court to cover the expenses of the legal procedures and proceedings as well as losses or damages of the other party.
(2) The court may exempt the plaintiff, intervener, or applicant for execution from providing a security, on a reciprocity basis.

Cases Where a Foreign Country cannot Claim Exemption from Jurisdiction
Article 49-
(1) A foreign country shall not be granted exemption from jurisdiction in legal disputes arising from private law relations.
(2) In such disputes, notifications may be served to diplomatic representatives of the foreign countries.

Chapter II. Enforcement and Recognition of Decisions of Foreign Courts and Arbitral Awards Enforcement of Court decisions
Article 50-
(1) Enforcement of court decisions rendered by foreign courts in the course of civil lawsuits in Turkey which are final pursuant to the law of that foreign country shall be subject to the enforcement decision of the competent Turkish court.
(2) Enforcement decision may also be requested with regard to judgments on personal rights stipulated in the court decisions of foreign criminal courts.

Jurisdiction and Competency
Article 51-
(1) The Courts of First Instance (3) shall have jurisdiction over enforcement decisions.
(2) These decisions shall be requested from the court at the place of domicile of the person against whom enforcement is requested, in case of absence thereof it shall be requested from the court located where the person in question is a resident and in absence there of it shall be requested from one of the courts in Istanbul, Ankara, or Izmir.

Request for Enforcement of Court Decisions
Article 52-
(1) Anyone who has legal interest in enforcement of a decision can make a request to that end. Enforcement shall be requested by a petition. Copies of the petition in the number of opposing parties shall be attached. The petition shall contain the following:
a) The names, surnames, and addresses of the parties and their legal representatives, if any,
b) The court of the country that has rendered the decision subject to the enforcement and the name of the court, the date and number of the decision, and a summary of the judgment,
c) If partial enforcement is sought, an indication as to which part of the decision is the subject of the request.

Documents to Be Attached to the Petition
Article 53-
(1) The following documents shall be attached to the petition:
a) The original copy of the court decision certified by the authorities of the foreign country or an exemplar of the decision certified by that organ of jurisdiction and a certified translation thereof,
b) A document or written statement from the authorities of the country which officially confirms that the court decision is final and a certified translation thereof.

Conditions of Enforcement
Article 54-
(1) The competent court shall render enforcement subject to the following conditions:
a) Existence of an agreement, on a reciprocal basis between the Republic of Turkey and the country where the court decision is given or a de facto practice or a provision of law enabling the authorization of the execution of final decisions given by a Turkish court in that country, The judgment of the lawsuit or does not have any relevance to mat not fall within the exclusive jurisdiction of the Turkish court not given by a country court which is competent even if it does not have ter of the l s or,awsuit an objection is raised by on condition that the decision in questio a real rel the defendant ationship with parties ., n does
c) The court decision not being openly contrary to public order,
ç) The person against whom enforcement is requested not having been duly summoned pursuant to the laws of that foreign country or to the court that has given the judgment, or not having been represented before that court, or the court decision having been pronounced in his/her absence or by a default judgment in a manner contrary to these laws, and the person not having objected to the enforcement decision based on the above-mentioned grounds before the Turkish court,

Notification and Objection
Article 55-
(1) The petition for the request for enforcement shall be served upon the opposing party and shall contain the date of the hearing. Recognition and enforcement of undisputed court decisions are also subject to the same provision. For recognition of undisputed court decisions, the provision of notification shall not be applied. The request is to be reviewed and resolved by the court in accordance with the provisions of simple trial procedure.
(2) The opposing party can only raise objection by claiming that the enforcement conditions under the provisions of this chapter are not present or that the foreign court decision was partially or wholly executed or a reason hindering the enforcement has arisen.

Court Decision
Article 56-
(1) The court may decide for full or partial enforcement of the foreign court decision or may dismiss the request. This decision shall be written on the foreign court decision and signed and sealed by the judge.

Execution and Appeal
Article 57-
(1) Foreign court decisions for which enforcement is rendered shall be executed as court decisions rendered by the Turkish courts.
(2) Appeal of Court decisions regarding dismissal or acceptance of the enforcement request is subject to the general provisions of the Civil Procedure Law. The appeal shall suspend the execution.

Recognition
Article 58-
(1) A foreign court decision serving as a definitive evidence or final judgment shall depend on decision of the court as to the fact that the foreign court decision fulfills the conditions of enforcement. Clause (a) of paragraph one of Article 54 shall not apply to recognition.
(2) The same article shall apply to the recognition of undisputed court decisions.
(3) The same procedure shall apply in concluding an administrative transaction based on a foreign court decision.

Final Judgment and Definitive Evidence Effect
Article 59-
(1) A foreign court decision shall serve as a definitive evidence or final judgment as of the time the foreign court judgment becomes definitive.

Enforcement of Foreign Arbitral Awards
Article 60-
Final and executable or foreign arbitral awards binding upon the parties can be enforced.
(1) The enforcement of a foreign arbitral award shall be requested by a petition from the Court of First Instance mutually designated by the parties in writing. In the absence of such agreement, the competent court shall be the court at the domicile of the person in Turkey against whom the award is rendered, or in the absence of domicile, the person's place of residence, and in the absence thereof, the court at the location of the property that may be subject to execution.

Petition and Review Procedure
Article 61-
(1) The party requesting enforcement of a foreign award shall attach the copies of the following documents depending on the number of the other parties:
a) The original or duly certified copy of the arbitration agreement or arbitration clause,
b) The original or duly certified copy of the arbitral award that is final and executable or binding upon the parties,
c) Translations and duly certified copies of the documents listed in clauses (a) and (b). (2) The court shall apply Articles 55, 56 and 57 of this Chapter by analogy with regard to the recognition of arbitral awards.

Grounds for Dismissal
Article 62-
(1) The court shall dismiss the enforcement request of a foreign arbitral award, if,
a) An arbitration agreement is not executed or arbitration clause is not included in the main agreement,
b) The arbitral award is contrary to public morality or public order, c) It is not possible to settle the dispute subject to the arbitral award by way of arbitration under Turkish law,
ç) One of the parties has not been duly represented before the arbitrators and has not expressly accepted the acts concluded thereafter,
d) The party against whom the enforcement of the arbitral award is requested has not been duly notified of the appointment of arbitrators or has been deprived of his/her right to make claim and defense,
e) The arbitration agreement or clause is invalid pursuant to the governing law designated by the parties, or in the absence thereof, pursuant to the law of the place where the arbitral award is rendered,
f) The appointment of the arbitrators or the procedure applied by the arbitrators violates the agreement of the parties, or in the absence thereof, the law of the country where the arbitral award is rendered,
g) The arbitral award has been rendered on an issue that is not included in the arbitration agreement or arbitration clause or exceeds the limits of the agreement or the clause (only the exceeding part),
h) The arbitral award is not final, enforceable, or binding under the governing law or the governing procedure or the law of the country where it is rendered or it is annulled by the competent authority in the place where the award is rendered.
(2) The burden of proof regarding issues addressed in clauses (ç), (d), (e), (f), (g), and (h) of paragraph one lies with the party against whom enforcement is requested. The Recognition of the

Decisions of Foreign Arbitrator
Article 63-
(1) The recognition of the decisions of foreign arbitrator is also subject to the provisions related to their enforcement.

Part III. Final Provisions Repealed Provisions
Article 64-
(1) The Act on International Private and Procedure Law No. 2675 and dated 20/5/1982,
(2) Paragraph two of article 886 of the Turkish Commercial Code No. 6762 and dated 29/6/1956,
(3) Article 88 of the Law on Intellectual Property Rights No. 5846 and dated 5/12/1951 are repealed.

Validity
Article 65-
(1) This Act shall come into force on the date of its publication.

Execution
Article 66-
(1) The Cabinet of Ministers shall execute this Act.

SECOND DISCRIMINATION: Debt Relationships Arising From Unfair Verbs
A) Liability

1) in general

Madde 49 - Anyone who harms someone else with a flawed and unlawful act is obliged to remedy this damage.

Even if there is no legal rule that prohibits harmful act, it is also obliged to remedy this damage, which deliberately harms anyone else with an immoral act.

2) Proof of damage and fault

Article 50 - The burden is under the burden of proving the damage and the defect of the damager.

If the amount of damage suffered cannot be fully demonstrated, the judge determines the amount of the damage in accordance with equity, taking into account the usual course of events and the measures taken by the injured.

3) Compensation

determination

Madde 51 - The judge determines the scope of the compensation and the method of payment, taking into account the necessity of the situation and especially the severity of the fault.

If the compensation is awarded in the form of a voluntary loan, the debtor is obliged to show assurance.

Downloading

Madde 52 – If the injured party has consented to the act that caused the damage or has been effective in the emergence or increase of the damage or aggravated the situation of the indemnity obligor, the judge may reduce the compensation or remove it completely.

The indemnity obligation, which causes the damage with a slight defect, will fall into poverty when it pays the compensation and if it requires equity, the judge can deduct the compensation.

4) Special circumstances

Death and bodily harm

Death

Madde 53 – The damages incurred in the event of death are in particular:

1. Funeral expenses.

2. If death did not occur immediately, treatment costs and losses arising from the loss or loss of working power.

3. The losses suffered by the people who are deprived of the support of the dead for this reason.

bodily harm

Madde 54 - Bodily injuries, in particular:

1. Treatment expenses.

2. Loss of earnings.

3. Losses arising from the decrease or loss of working power.

4. Losses arising from the shaking of the economic future.

determination

Madde 55 - Loss of support and bodily harm are calculated in accordance with the provisions of this Law and the principles of liability law. Social security payments, which are not recoverable partially or wholly, and payments not intended for performance cannot be considered in determining such damages; cannot be deducted from damage or compensation. The compensation calculated cannot be increased or decreased on the basis of the amount, with the thought of fairness.

The provisions of this Law also apply to claims and lawsuits related to the loss of body integrity caused by all kinds of administrative actions and procedures and other reasons to which the administration is responsible or the death of the person.

Compensation

Madde 56 - The judge may decide to pay an appropriate amount of money to the injured person as non-pecuniary damage, in case the bodily integrity of a person is damaged, taking into account the characteristics of the incident.

In the event of severe bodily harm or death, it may be decided to pay an appropriate amount of money to the relatives of the victim or the deceased as a moral indemnity.

Unfair competition

Madde 57 – A person who has fewer customers or faces the risk of losing them due to the dissemination of untrue news or making such announcements or other acts contrary to the rules of honesty may request that these behaviors be terminated and that the damage be compensated in case of fault.

The provisions of the Turkish Commercial Code are reserved for unfair competition in commercial affairs.

Infringement of personal rights

Madde 58 - The person who suffers from the damage to his right of personality may request that a certain amount of money be paid under the name of moral compensation for the moral damage he has suffered.

Instead of paying this compensation, the judge may decide or add another form of remuneration; in particular, it can make a decision condemning the attack and rule the publication of that decision.

Temporary loss of discrimination

Madde 59 – The person who has temporarily lost his/her power of discrimination is obliged to compensate for the damages he/she has caused during this time. However, if he proves that he has no fault in losing his power of discernment, he is relieved of responsibility.

5) Multitude of reasons for liability

Contest of reasons

Madde 60 – If a person's responsibility can be based on more than one reason, the judge decides according to the reason for the responsibility that provides the best remedy for the injured person, unless the injured party has requested otherwise or otherwise is stipulated by the law.

Joint responsibility

in foreign relations

Madde 61 – If more than one person causes a damage together or they are responsible for the same damage due to various reasons, the provisions regarding joint liability shall apply to them.

in relationship

Madde 62 - In the distribution of the compensation among the joint debtors responsible for the same damage, all situations and conditions, especially the weight of the fault that can be attributed to each of them and the intensity of the danger they cause are taken into account.

The person who pays more than his share of compensation shall be entitled to the rights of the injured and recourse to other mutual liabilities for this overpayment.

6) Circumstances that remove illegality

generally

Madde 63 - An act based on the authority granted by law and within the limits of this authority, even if it causes damage, is not considered unlawful.

The act does not count against the law either in the case of the consent of the injured person, superior private or public benefit, the rightful defense of the behavior of the damager, the protection of the person with his own power in case of the intervention of the competent public authorities, or the obligation.

Responsibility

Madde 64 - The rightful defense cannot be held responsible for the damage caused to the person or property of the attacker.

In order to protect himself or anyone else from the danger of explicit or imminent harm, the person who damages the property of another person determines the obligation to remedy this damage according to the prevailing equity.

If the person, who is in a position to protect his right with his own power, will not be able to provide the aid of the law enforcement at the time according to the situation and conditions, and there is no other way to prevent the loss or the use of his right, it cannot be held responsible for the damage.

B) Strict liability

1) Equity liability

Madde 65 – If fairness requires; The judge decides that the damage caused by the person who does not have the power to distinguish is completely or partially eliminated.

2) Responsibility of care

Employer's responsibility

Madde 66 - The employer is obliged to repair the damage caused by the employee to others during the performance of the work given to him.

The man is not responsible if the employee proves that he shows due diligence in choosing the employee, giving instructions regarding his job, supervising and supervising, and preventing the occurrence of harm.

Employing a man in a business is obliged to compensate for the damage caused by the activities of that business, unless it proves that the work order of the business is suitable for preventing harm.

The person who employs the man is entitled to recourse to the employee who harms the compensation he has paid only to the extent that he is personally responsible.

Responsibility of pet owner

Reparation liability

Madde 67 – The person who undertakes the care and management of an animal, permanently or temporarily, is obliged to compensate for the damage caused by the animal.

The animal keeper will not be responsible if it proves that it takes due care to prevent this harm from arising.

If the animal is frightened by someone else's or someone else's animal, the person who owns the animal reserves the right to recourse them.

right of retention

Madde 68 - If a person's animal causes damage to someone else's immovable, the possessor of the immovable may catch that animal and keep it until the damage is remedied; it may even neutralize the animal by other means if the circumstances and circumstances justify it.

In this case, the possession of the immovable must immediately inform the animal owner and, if he does not know the owner, must make the necessary attempts to find it.

Responsibility of the building owner

Reparation liability

Madde 69 – The owner of a building or other construction works is obliged to compensate for the damage caused by the defects in their construction or the deficiencies in their maintenance.

Owners of usufruct and residence right are severally responsible for the damages arising from the deficiencies in the maintenance of the building together with the owner.

The right of recourse of the responsible persons to those who are responsible to them for these reasons is reserved.

Avoiding the danger of harm

Madde 70 – A person who is in danger of being damaged by someone else's building or other construction works may request the right holders to take the necessary measures to eliminate this danger.

Public law rules on the protection of people and property are reserved.

Hazard liability and offset

Madde 71 – If a loss arises from the activity of a business that poses a significant danger, the owner of the business and the operator, if any, are jointly responsible for this loss.

Considering the nature of the business or the materials, tools or powers used in the activity, it is considered to be a substantially hazardous business if it is concluded that even if all the care expected from a specialist in these works is shown, it is likely to cause frequent or severe losses. In particular, if a special hazard liability is envisaged in any law for businesses that present similar hazards, this is also considered to be a substantially hazardous enterprise.

Special liability provisions foreseen for a particular danger are reserved.

Even if this type of activity of a business that poses a significant danger is permitted by law, the victims may request that the losses caused by the activity of this business be compensated with an appropriate price.

C) Timeout

Kural

Madde 72 - The claim for compensation expires at the end of two years starting from the date the injured learns about the damage and the compensation obligation, and in any case, ten years from the date of the act. However, if the compensation has arisen from an act requiring a penalty for which a longer statute of limitation is stipulated, this statute of limitation will apply.

Even if a debt has been born in respect of the detriment of the detriment of the tort, the claim for compensation arising from the wrongful act has always been time-barred, even if this debt can be avoided.

At the request of recourse

Madde 73 - The request for recourse expires with the expiration of two years, starting from the date when the compensation is fully paid and the person responsible is learned together, and in any case, ten years, starting from the date when the compensation is paid in full.

The person required to pay the compensation must notify the person to whom he is responsible together. Otherwise, the timeout begins to operate on the date that this notification can be made according to the rules of integrity.

D) Judgment

In relation to criminal law

Madde 74 – While the judge is deciding whether the person who caused the damage is at fault or not, whether he has the power to distinguish or not, he is not bound by the provisions of the criminal law regarding liability, nor is he bound by the acquittal given by the criminal judge.

Likewise, the judge's decision on the assessment of the defect and the determination of the damage does not bind the judge of law.

Changing the compensation provision

Madde 75 – If the extent of bodily harm cannot be determined exactly during the decision, the judge may reserve the authority to change the compensation provision within two years, starting from the finalization of the decision.

Temporary payments

Madde 76 – If the injured party presents convincing evidence showing the justification of his claim and the economic situation requires it, the judge may decide, upon request, that the defendant make a temporary payment to the injured party.

The temporary payments made by the defendant are deducted from the compensation awarded; If no compensation is awarded, the judge decides that the plaintiff will return the temporary payments he received along with his legal interest.

THIRD DISCRIMINATION: Debt Relations Arising From Enrichment Without Reason
A) Conditions

generally

Madde 77 - Anyone who is enriched from someone else's property or labor, without a just cause, is obliged to return this enrichment.

This obligation arises especially if enrichment is based on an invalid or unrealized or expired reason.

Execution of non-borrowed deed

Madde 78 – The person who voluntarily fulfills the deed that he is not indebted can only request it back if he proves that he has fulfilled it by assuming that he is a debtor.

Enrichments arising from the performance of a timed debt or the fulfillment of a moral duty cannot be revoked.

Other provisions of the law regarding the request for a refund of the paid act without any debt are reserved.

B) Scope of return

Obligation of the enriched

Madde 79 – The one who becomes rich without a reason is obliged to give back the rest, except for the part that he proves to have been lost during the request for the enrichment.

If the prosperer has disposed of the enrichment without being benevolent, or if he has to take into account that he may have to give it back in the future, he is obliged to return the entire enrichment.

Right to claim expenses

Madde 80 – If the enriched person is in good faith, he can request the necessary and useful expenses from the person who wants to give back.

If the prosperity is not benevolent, he may ask for compulsory expenses and useful expenses to be paid only for the increase in value available at the time of return.

Regardless of whether he is prosperous or not, he cannot ask for other expenses to be paid. However, if he is not advised against him, he can separate the insertions that he has combined with that and which are possible to separate harmlessly before returning them.

C) non-recovery

Madde 81 – The thing given for the realization of an unlawful or immoral result cannot be demanded back. However, in the lawsuit filed, the judge may decide that this thing be appropriated to the State.

D) Timeout

Madde 82 – The right of claim arising from unjust enrichment becomes time-barred after two years, starting from the date on which the right holder learns that he has the right to demand back, and in any case ten years, starting from the date of the enrichment.

If the enrichment is realized by the enrichment gaining a receivable right, the other party can always avoid performing this debt, even if the right to claim is timed out.

FIRST DISCRIMINATION: Debt Performance
A) in general

No personal performance obligation

Madde 83 - The debtor is not obliged to fulfill the debt personally, unless the creditor has an interest in the performance of the debt personally by the debtor.

The subject of the performance

partial performance

Madde 84 - If the entire debt is certain and due, the creditor may partially refuse the performance.

If the creditor partially accepts the performance, the debtor cannot refrain from performing the portion of the debt that is assumed by him.

indivisible debt

Madde 85 - If a non-divisible debt has more than one creditor, each of the creditors may request that the debt be paid to all creditors. The debtor has to perform his action to all creditors.

If there is more than one debtor of the indivisible debt, each of the debtors is obliged to perform the entire debt.

Unless the situation is understood otherwise, the borrower who performs becomes a successor to the creditor and may ask the other borrowers to take their shares in proportion.

Variety debt

Madde 86 – Unless otherwise understood from the legal relationship and the nature of the business, the choice of performance belongs to the debtor. However, the performance to be chosen by the debtor cannot be lower than the average quality.

optional debt

Madde 87 - In optional debts, the choice of one of the actions belongs to the debtor, unless otherwise understood from the legal relationship and the nature of the business.

Interest

Madde 88 – If the annual interest rate to be applied in the interest payment debt is not agreed in the contract, it is determined according to the provisions of the legislation in force at the date of the interest debt.

The annual interest rate to be determined by the contract cannot exceed fifty percent of the annual interest rate determined in accordance with the first paragraph.

B) place of performance

Article 89 - The place of performance of the debt is determined according to the express or implicit will of the parties. If there is no contrary agreement, the following provisions apply;

1. Money debts at the settlement of the creditor at the time of payment,

2. Track debts, where the subject of debt is at the time of the contract's establishment,

3. All other debts are performed at the debtor's domicile at the time of their birth.

If the creditor has significantly strengthened due to the creditor's displacement after the birth of a debt that has to be fulfilled at the settlement, the debt can be executed at the creditor's previous settlement.

C) time of performance

unsecured debt

Madde 90 - Unless the time of performance is decided by the parties or the nature of the legal relationship is understood, every debt becomes due at the time of its birth.

term debt

Maturity in terms of the month

Madde 91 – If the beginning or the end of a month is determined for the performance of the debt, the first and last day of the month from that; If the middle of the month is determined, then the fifteenth day of the month is understood from this.

If only the month is specified for the performance of the debt without specifying the day, the last day of that month is understood.

Maturity in other periods

Article 92 - If a loan or any obligation of one of the parties is required to be executed at the end of a certain period starting from the establishment of the contract, the execution time is determined as follows:

The deadline set as Day 1 is expired on the last day of this period, without counting the day the contract is established. Eight or fifteen days, on the other hand, mean eight or fifteen days, not one or two weeks.

The period set as the 2nd week is expired on the day of the last week that matches the day the contract is established.

3. The time specified as the month or a period that includes multiple months, such as year, semester and quarter of the year, expires on the day of the last month of the last month of the contract. If there is no day to meet this in the last month, the period is considered to have expired on the last day of this month.

4. A half-day to fifteen-day period is understood. The day on which the period specified as one or more months and half months has expired is determined by adding fifteen days to the last month.

These rules also apply in cases where the time begins to operate from a moment other than the establishment of the contract.

The borrower is obliged to perform a debt that must be fulfilled within a certain period of time before this period expires.

Vacation days

Madde 93 – If the time of performance or the last day of the period coincides with a day that is considered a holiday by law, it automatically switches to the first non-holiday day following this day.

Rather, the agreement is valid.

performance during business hours

Madde 94 – The debt is performed and accepted during customary business hours.

Extension of time

Madde 95 – If the period is extended, the new period starts from the first day following the expiry of the previous period, unless otherwise agreed.

early performance

In reciprocal contracts

order of expression

Madde 97 – The party requesting the performance of a contract that imposes a mutual obligation must have performed or offered to perform its own debt, unless it has the right to perform it later according to the terms and characteristics of the contract.

impotence

Madde 98 – In a contract that imposes a mutual debt, if the right of the other party is endangered due to the inability of one of the parties to perform his debt and especially his bankruptcy or the ineffectiveness of the foreclosure, that party may refrain from performing his own performance until the performance of the counter act is secured.

The party whose right is compromised may also return from the contract if the desired guarantee is not provided in a suitable time.

D) Payment

with country money

Madde 99 - The debt, which is about money, is paid in country money.

If it is decided to make payments in a currency other than the country currency, the debt can also be paid with the country's currency over the fair value on the day of payment, unless the contract has exactly the same payment or a statement meaning that means.

Unless the payment of the debt is determined on the day of payment on the day of payment, unless the payment is made in another currency other than the country currency, and the contract does not have the same payment or meaning in this agreement, the creditor may request that this receivable be paid in the same or in the currency of the maturity date or on the actual payment date.

Deduction

In part payment

Madde 100 – If the debtor is not late in paying the interest or expenses, he has the right to deduct the partly payment from the main debt. On the contrary, an agreement cannot be made.

If the creditor has received bail, pledge or any other security for a portion of the receivable, the debtor does not have the right to offset the partially paid part to the part that is secured or whose security is better.

In multiple debts

According to the notice of the debtor and creditor

Madde 101 - The debtor who has more than one debt can notify the creditor which of these debts he wants to pay on the day of payment.

If the debtor does not report, the payment made is deemed to have been made for the debt shown by the creditor on the receipt, unless it is immediately appealed by him.

By law

Madde 102 - Payment is deemed to have been made for outstanding debt, unless a legally valid explanation is made or there is no clarity in the receipt. If more than one debt is due, the payment is considered to have been made for the debt that was first followed up against the debtor. If there is no follow-up, the payment is made for the debt whose due date was first.

If more than one debt is due at the same time, offset proportionally; If none of the debts are due, the payment is deemed to have been made for the debt with the least security.

Return of receipts and bills

debtor's right

Madde 103 - The debtor who pays the debt may request a receipt and, if the debt has been fully paid, the return or cancellation of the related debt note.

If the debt is not fully paid, or if the debt is giving the creditor other rights, the debtor can only request that a receipt be issued and the payment be processed in the debt promissory note.

Rulings

Madde 104 - If a receipt is given by the creditor for one of the periodic acts such as interest or rent, without any reservation, the actions belonging to the previous periods are deemed to have been performed.

If the creditor has issued a receipt for the entire principal, it is considered to have received interest.

If the debt is returned to the debtor, the debt is considered to have expired.

Failure to return the bill

Madde 105 - If the creditor claims to have lost the debt note, at the request of the debtor, during the payment of the debt, he is obliged to provide him with a formally issued or duly approved document showing the cancellation of the debt note and the termination of the debt.

Provisions regarding the cancellation of negotiable documents are reserved.

E) Creditor's default

Terms & conditions

Madde 106 - If the creditor, who is proposed to him as required by the act of making or giving, refrains from accepting him without a just cause or from doing the preparatory actions that must be done by the debtor in order to fulfill his debt, he will be in default.

If the creditor defaults against one of the several borrowers, he defaults against the others.

Rulings

In acts of delivery of something

right of deposit

Madde 107 - In case the creditor goes into default, the debtor can get rid of his debt by depositing the thing to be delivered, with the damages and expenses belonging to the creditor.

The place of deposit is determined by the judge at the performance place. However, merchandise can be transferred to a warehouse without the decision of a judge.

right to sell

Madde 108 - If the nature of the thing that is the subject of the contract or the nature of the work does not comply with the delivery, or the thing to be delivered may deteriorate or if its maintenance, preservation or deposit requires a significant expense, the debtor may sell it by auction and deposit the price, with the permission of the judge, provided that the creditor is given a prior notice. .

If what is to be delivered is registered in the stock market or if there is a market price or if it is less than the expense, the sales may not be made by auction, and the judge may allow the sale without seeking the condition of warning.

Withdraw a deposit

Madde 109 - The debtor can take back the deposited thing, unless the creditor has declared his acceptance of the pledge or has resulted in the abolition of a pledge.

The thing that is deposited will take off as soon as it is withdrawn, it continues with all its side benefits.

in other acts

Madde 110 - If the subject of the debt does not require the delivery of something, in case of default of the creditor, the debtor may withdraw from the contract in accordance with the provisions regarding the default of the debtor.

F) Other barriers to performance

Madde 111 - Without fault of the debtor, if the debt cannot be paid to the creditor or his representative due to a pause in the identity of the creditor or the identity of the creditor, the debtor can use the right to deposit or withdraw from the contract, as in the default of the creditor.

SECOND DISCRIMINATION: Consequences of Failure to Perform Debts
A) Non-performance of the debt

expense debt

generally

Madde 112 – If the debt is not performed at all or properly, the debtor is obliged to compensate the damage of the creditor, unless he proves that no fault can be attributed to him.

Do's and don'ts

Madde 113 - If the obligation to perform is not fulfilled by the debtor, the creditor may request, at the debtor's expense, to allow the performance of the act by himself or someone else; reserves the right to demand all kinds of expenses.

The debtor, who acts against the debt not to do, is obliged to eliminate the damage caused by this contradictory behavior.

The creditor may also request that the situation against the debt be eliminated or that he be empowered at the cost of the debtor.

Scope of liability and expense debt

generally

Madde 114 - The debtor is generally responsible for all kinds of defects. The scope of the borrower's liability is determined by the specific nature of the business. If the work does not particularly benefit the borrower, the liability is considered to be lighter.

Provisions regarding unfair action liability are also applied to cases of non-contractual agreement.

non-liability agreement

Madde 115 - The agreement made in advance stating that the debtor will not be liable for his grave fault is absolutely void.

Any prior agreement that the borrower will not be responsible for any debt arising from the service contract with the creditor is absolutely null.

If a service, profession or art that requires expertise can only be carried out with the permission given by law or competent authorities, the prior agreement that the borrower will not be responsible for the slight defect is absolutely null.

Responsibility for the actions of assistants

Madde 116 – Even if the debtor has left the performance of the debt or the exercise of the right arising from a debt relationship to his assistants, such as the people with whom he lives or working with him, in accordance with the law, he is obliged to compensate for the damage they have caused to the other party while they are carrying out the business.

The responsibility arising from the actions of the assistants can be removed completely or partially by a prior agreement.

The agreement that the borrower will not be responsible for the actions of the assistant is strictly void if a service, profession or arts requiring expertise can only be carried out with the permission granted by law or competent authorities.

B) Default of the debtor

Terms & conditions

Madde 117 - The debtor of a past debt defaults with the notice of the creditor.

If the day on which the debt is to be executed has been determined by making a duly notified party based on a right set together or held in the contract, by the date of this day; The debtor is in default on the date when the verb is committed unfairly and the enrichment occurs without reason. However, in cases where enrichment without reason is good, notification is required for default.

Rulings

generally

late compensation

Madde 118 – Unless the defaulting debtor proves that he has no fault in default, he is obliged to compensate the damage suffered by the creditor due to the late performance of the debt.

Responsibility for the unexpected

Madde 119 - The debtor who defaults is responsible for the loss that may arise due to the unexpected situation.

The borrower can escape from this responsibility by proving that he had no defect in default, or that even if he had performed his debt in time, the unexpected situation would harm the subject of performance.

Default interest

generally

Madde 120 – If the annual default interest rate to be applied is not determined in the contract, it is determined according to the provisions of the legislation in force at the date of the interest debt.

The annual default interest rate to be determined by the contract cannot exceed one hundred percent more than the annual interest rate determined in accordance with the first paragraph.

If the contractual interest rate is decided but the default interest is not determined in the contract and the annual contractual interest rate is more than the interest rate specified in the first paragraph, the contractual interest rate is valid about the default interest rate.

Default interest on interest, revenues and donations

Madde 121 – The debtor who defaults on paying the interest or income debt or the amount donated, is obliged to pay the default interest starting from the day the enforcement proceedings are initiated or the lawsuit is filed.

Agreements made in violation of this are subject to the provisions of the penalty condition.

No default interest can be charged on the default interest.

the harm of love

Madde 122 – If the creditor has incurred a loss exceeding the default interest, he is obliged to compensate for this loss, unless the debtor proves that he has no fault.

If the amount of loss exceeding the default interest can be determined in the lawsuit, the judge at the request of the plaintiff also decides the amount of this loss when deciding on the merits.

In reciprocal contracts

Giving time

Madde 123 – In contracts that impose a mutual debt, if one of the parties defaults, the other party may give a suitable period for the performance of the debt or may ask the judge to give an appropriate period.

Situations that do not require a deadline

Madde 124 - No time is required in the following cases:

1. It is understood that giving time from the situation or attitude of the borrower will be ineffective.

2. As a result of the default of the debtor, the performance of the debt is useless for the creditor.

3. If it is understood from the contract that the performance of the debt does not take place at a certain time or within a certain period of time, that the performance will no longer be accepted.

Optional rights

Madde 125 - If the debtor who defaults has not fulfilled his debt within the given period or there is a situation that does not require a time, the creditor has the right to demand compensation due to the delay and the performance of the debt at all times.

The creditor may also request that the loss arising from the failure of the debt be remedied or return from the contract by immediately notifying him that he has given up his right to request the performance of the debt and to claim delay compensation.

In case of returning from the contract, the parties are freed from the obligation to perform mutually and may request the actions they have previously performed back. In this case, if the debtor cannot prove that it has no fault in default, the creditor may also request the removal of the damage suffered due to the invalidity of the contract.

In perpetual contracts

Madde 126 – In the case of perpetual contracts, the performance of which has been started, in case of default of the debtor, the creditor may demand performance and delay compensation, as well as terminate the contract and seek compensation for the loss incurred due to the premature termination of the contract.

THIRD DISCRIMINATION: The Effect of Debt Relations on Third Parties
A) Succession to the creditor

Madde 127 – The third party performing to the creditor shall succeed the rights of the creditor to the extent of his performance in the following cases:

1. Someone has saved something pledge for his debt from hostage and possesses property or other in-kind right on it.

2. If the creditor is the successor to the third party performing the performance, if the creditor is notified to the creditor before performance.

The provisions of the law regarding other successions are reserved.

B) Assuming the act of the third person

Madde 128 - Anyone who undertakes the act of a third person against someone else is obliged to compensate for the damage arising from the failure of this action.

In the undertaking made for a certain period of time, it may be decided that the undertaking will cease to be liable if it is not made in writing to perform the performance until the end of the deadline.

C) Contract for the benefit of a third party

generally

Madde 129 - If the person making a contract on his behalf has put a performance obligation in the contract for the benefit of the third party, he may request the performance of the act to the third party.

Third party or third party successors may also request the performance of the performance if the parties are in accordance with their purpose or custom and custom. In this case, after the third party or those who succeed him inform the borrower that they want to exercise this right, the creditor cannot discharge the debtor or change the nature and scope of the debt.

Liability insurance

Madde 130 - If the person employing someone else has insured to secure his legal liability against the person he employs, the rights arising from the insurance directly belong to the employee.

However, the insurance compensation to be paid to the employee is deducted from the compensation to be paid according to the general provisions.

The provisions of the law regarding other legal liability insurances are reserved.

FIRST DISCRIMINATION: Expiration Cases
A) Termination of rights and debts related to the original debt

Madde 131 – If the main debt is terminated for performance or any other reason, the rights and debts related to it, such as pledge, surety, interest and penalty conditions, also expire.

If the right to request the fulfillment of the interest and penalty imposed is reserved by contract or a notification made until the moment of performance, or if it appears to be reserved from the circumstances and conditions, these interests and penalty conditions may be requested.

Special provisions regarding immovable pledge, negotiable instruments and concordat are reserved.

B) Release

Madde 132 – Even if the transaction that gives rise to the debt is bound by a certain form by law or by the parties, the debt can be completely or partially eliminated by the parties' release agreement regardless of the form.

C) Renewal

generally

Madde 133 – Termination of an existing debt with a new debt is only possible with the clear will of the parties in this direction.

Especially, making a foreign exchange commitment for the current debt or issuing a new receivable or new bail is not considered a renewal unless the parties have explicit renewal will.

in current accounts

Madde 134 - Just because various items are recorded in a current account does not mean that the debt has been renewed.

However, if the account is interrupted and the account result is accepted by the other party, the debt is renewed.

If one of the items has an assurance, the account will be terminated and the result accepted, unless otherwise agreed.

D) Merger

Madde 135 - The debt ends with the combination of the creditor and debtor titles in the same person. However, the pre-existing rights of third parties on the receivable are not affected by the merger.

If the merger effectively disappears into the past, the debt continues to exist.

Special provisions regarding the immovable pledge and negotiable documents are reserved.

E) Impossibility of performance

generally

Madde 136 - If the execution of the debt becomes impossible due to reasons for which the debtor cannot be held responsible, the debt ends.

The debtor, who has recovered from debt due to impossibility in contracts with mutual debt, is obliged to return the performance he received from the other party in accordance with the provisions of the enrichment without reason, and loses his right to request the action that has not yet been performed to him. In cases where the damage arising before the performance of the debt by the law or the contract is imposed on the creditor, it is out of this provision.

If the debtor does not report to the creditor without delay and does not take the necessary measures to prevent the loss, it is obliged to eliminate the losses arising from this.

Partial performance impossibility

Madde 137 - If the execution of the debt becomes partially impossible due to the reasons for which the debtor cannot be held responsible, the debtor gets rid of only the impossible part of the debt. However, if it is clearly understood by the parties that such a contract would not be made if this partial performance impossibility was foreseen in advance, the entire debt will be terminated.

In contracts with mutual debt, the debt of a party becomes partially impossible and if the creditor is satisfied with partial performance, the counter action will be executed at that rate. In the event that the creditor is not willing to perform such performance or if the counter action is of an indivisible quality, full impossibility provisions are applied.

extreme difficulty in performance

Madde 138 - An extraordinary situation that was not foreseen and expected to be anticipated by the parties at the time of conclusion of the contract, occurs for a reason not caused by the debtor and changes the existing facts against the debtor at the time of conclusion of the contract to the extent that it is against the rules of honesty and the debtor has not yet fulfilled the debt or the performance becomes extremely difficult. The debtor has the right to request the adaptation of the contract to the new conditions from the judge, and to withdraw from the contract if this is not possible. In continuous acting contracts, as a rule, the debtor uses the right of termination instead of the right to return.

This article also applies to foreign currency debts.

F) Exchange

Terms & conditions

generally

Madde 139 – If two people mutually owe some money or other identical acts to each other, if both debts are due, each of them can exchange their receivables with their debts.

Even if one of the receivables is contentious, barter can be claimed.

The exchange of a timed receivable can only be made on the condition that it has not timed out when it can be traded.

on bail

Madde 140 - As long as the principal debtor has the right to assert the settlement, the surety may also refrain from performing to the creditor.

In case of contract for the benefit of a third party

Madde 141 – The person who borrows for the benefit of the third party cannot exchange this debt with the receivable from the other side of the contract.

In case of bankruptcy of the debtor

Madde 142 – In the event of the debtor's bankruptcy, the creditors can exchange their receivables with their bankrupt debts, even if they are not due.

Rulings

Madde 143 - Clearing takes place only when the debtor notifies the creditor of his will for clearing. In this case, both debts expire at the lesser debt amount as soon as they can be exchanged.

Special practices related to trade related to the current account are reserved.

Claims that can be exchanged with the consent of the creditor

Madde 144 - The following claims can only be exchanged after the birth of the clearing rights, with the consent of the creditors:

1. Receivables regarding the refund or the price of the deposited goods.

2. Receivables related to the refund or the price of the goods which were taken unfairly or as a result of deception.

3. It is compulsory for the care of the debtor and his family, such as child support and employee wages, and due to its special nature, receivables that must be given directly to the creditor.

Trade waiver

Mnumber 145 - The debtor may waive the right of clearing beforehand.

SECOND DISCRIMINATION: Timeout
A) Durations

Ten-year statute of limitations

Madde 146 – Unless otherwise provided in the law, each receivable is subject to a ten-year statute of limitations.

five-year statute of limitations

Madde 147 - A five-year statute of limitations applies for the following claims:

1. Other periodic actions such as rentals, principal interests and wages.

2. Accommodation fees in places such as hotels, motels, pensions and holiday villages, and food and beverage prices in restaurants and similar places.

3. Receivables arising from small art works and small scale retail sales.

4. In a partnership, arising from the partnership agreement and between the partners and the partnership with each other; receivables between the managers, representatives, auditors of a partnership and the partnership or partners.

5. Receivables arising from the brokerage contract, except that they will receive commercial brokerage fees from the agency, commission and agency contracts.

6. The receivables arising from the contract of work, except that the contractor does not fulfill his obligations with a serious defect at all or as required.

Precision of deadlines

Madde 148 – The statute of limitations determined in this separation cannot be changed by contract.

The beginning of the statute of limitations

generally

Madde 149 - Timeout starts when the receivable becomes due.

In cases where the receivable is due to a notification, the timeout starts processing from the day this notification can be made.

In periodic acts

Madde 150 - In lifetime income and similar periodic acts, the statute of limitations for all receivables starts on the day when the first unfulfilled periodic act is due.

If all of the receivable is timed out, periodic actions that have not been executed will also be timed out.

Calculation of time

Madde 151 – When calculating the periods, the day on which the statute of limitations begins is not counted, and the statute of limitations only takes place when the last day of the period has passed without any right to be exercised.

In calculating the timeout periods, the provisions regarding the calculation of the periods in the performance of the debts are applied.

B) Timeout for tied receivables

Madde 152 – When the original receivable is time-barred, the interest and other receivables attached to it will also be time-barred.

C) stop the statute of limitations

Madde 153 - In the following cases, the timeout does not start; if it has been started, it stops:

1. During the custody, for the receivables of the children from their parents.

2. For receivables from guardians or from the State due to guardianship during the guardianship.

3. As long as marriage continues, for spouses' receivables from another.

4. During the service relationship, for the receivables of home workers from those who employ them.

5. As long as the borrower has the usufruct right on the receivable.

6. Unless his debt is available in Turkish courts.

7. As long as the merger of the creditor and the debtor is merged in the same person, in the event that the merger disappears effectively in the future, this will pass until the situation arises.

At the end of the day when the reasons for stopping the timeout disappeared, the timeout begins to operate or continues its processing, which started before stopping.

D) Termination of the statute of limitations

Causes

Madde 154 - The timeout is interrupted in the following cases:

1. If the debtor recovers the debt, especially if he has paid interest or partially performed or pledged or guarantor.

2. If the creditor has applied to the court or arbitrator through his case or defect, execution proceedings or filed for bankruptcy.

Impact on co-borrowers

Madde 155 - When the statute of limitations is deducted against one of the joint debtors or one of the debtors of the debt that cannot be divided, it is also deducted against the others.

When the timeout is interrupted against the original debtor, it is also against the guarantor.

When the timeout is cut against the guarantor, it is not cut against the original debtor.

Start of new period

In case the debt is acknowledged or settled

Madde 156 - With the end of the timeout, a new time starts to run.

If the debt is served with a promissory note or a court or arbitral order, the new period is always ten years.

In the actual case of the creditor

Madde 157 – The statute of limitations, which has been interrupted by a lawsuit or its defense, starts to run again after every judicial action of the parties or every decision of the judge during the lawsuit.

If the timeout is interrupted by enforcement proceedings, it starts to rework again after each transaction regarding the follow-up of the receivable.

If the timeout is interrupted due to the application to the bankruptcy desk, it begins to rework from the birth of the possibility of re-requesting the receivable in accordance with the provisions on bankruptcy.

E) Additional time for the dismissal of the case

Madde 158 – lawsuit or defense; If the court is denied due to the lack of authority or duty, a correctable mistake or premature opening, and if the statute of limitations or forfeiture period has expired, the creditor may exercise his rights within an additional sixty days.

F) In the receivable secured by the movable pledge

Madde 159 – The fact that the receivable is secured by a movable pledge does not prevent the statute of limitations for this receivable; however, the creditor's authority to take his right from the pledge continues.

G) Waiver of the statute of limitations

Article 160 - Timeout cannot be waived in advance.

It cannot be claimed against one another that the trustee has waived.

The same provision applies if one of the debtors of an indivisible debt has been waived.

The waiver of the original debtor cannot be claimed against the guarantor.

H) put forward

Madde 161 – Unless a statute of limitations is asserted, the judge cannot take it into account on his own.

FIRST DISCRIMINATION: Teselsül
A) Joint indebtedness

the birth of

Madde 162 - If each of more than one debtor declares that he / she agrees to be responsible for the whole debt to the creditor, joint indebtedness arises.

If there is no such notification, the joint obligation arises only in cases provided for by law.

foreign relationship

Rulings

Liability of debtors

Madde 163 - The creditor may request the performance of all or part of the debt from all of the debtors or only one of them if he wishes.

The liability of the borrowers continues until the entire debt is paid.

Borrowers' defenses

Madde 164 - One of the joint debtors can only put forward the defenses and objections against the creditor arising from the personal relations between him and himself or the reason or subject of the joint debt.

If one of the joint debtors does not assert their common deficits and objections, they will be liable to others.

Individual behavior of debtors

Madde 165 - Unless otherwise specified by law or contract, one of the borrowers cannot aggravate the situation of other borrowers with his own behavior.

Termination of debt

Madde 166 - If one of the debtors terminates all or a part of the debt through performance or barter, it also frees other debtors from the debt at this rate.

If one of the borrowers got rid of the debt without making it to the creditor, the other debtors can only benefit from this to the extent the situation or the nature of the debt allows.

The lender's release agreement with one of the borrowers frees the other debtors from the debt in proportion of the acquitted borrower's share in the internal relationship.

internal relationship

Sharing

Madde 167 - Unless otherwise agreed or understood from the nature of the legal relationship between debtors, each of the debtors is responsible for the performance made to the creditor with equal shares to each other.

The borrower, who performs more than his share, has the right to demand the excess amount he has paid from other borrowers. In this case, the borrower can recourse each borrower only in proportion to its share.

Other borrowers are obliged to undertake the amount that cannot be taken from one of the borrowers.

Successor to the creditor

Madde 168 - Each of the debtors who have the right of recourse to the others becomes the successor to the rights of the creditor in proportion to the amount he has performed.

If the creditor improves the condition of one of the borrowers to the detriment of others, he will bear the consequences of this.

B) Joint debt

Madde 169 - Joint credibility arises in cases where the debtor grants each of the creditors the right to claim the entire debt or as determined by law.

The borrower gets rid of his debt against all creditors with the performance he made to one of the creditors.

Unless it is notified to him that one of the creditors has applied to the execution or court, the debtor may execute one of them.

Unless otherwise agreed or the nature of the legal relationship between creditors, each creditor's rights over performance are equal.

The creditor who obtains more than his share, is obliged to pay this excess to other creditors who have not received his share.

SECOND DISCRIMINATION: Conditions
A) Delaying condition

generally

Madde 170 – If the execution of a contract is left to an unknown event, the contract is subject to a delaying condition.

Unless otherwise agreed, the contract for the retarding condition will only be effective starting from the moment the condition is fulfilled.

State at the time the condition is pending

Madde 171 - Until the condition is fulfilled, the debtor is obliged to avoid any behavior that would prevent the debt from being fulfilled properly.

The creditor whose right to condition is compromised may take measures that the creditors who are not bound by the condition will apply to protect their rights.

Savings made prior to the realization of the condition will be void to the extent that it violates the provisions of the condition.

Benefits until the condition is fulfilled

Madde 172 - What constitutes the subject of the debt, the creditor given to him before the realization of the condition becomes the owner of the benefits he has obtained until the condition is fulfilled.

If the condition does not come true, the creditor is obliged to return the benefits he has obtained.

B) Disruptive condition

Article 173 - The contract, which is left to an unknown case, the termination of which will take place beforehand, shall be bound by a disruptive condition.

The terms of the contract, which is subject to the disruptive condition, disappear as soon as the condition is fulfilled.

Expiration does not affect the past, unless otherwise agreed or understood from the nature of the business.

C) Common provisions

Fulfillment of the condition

Madde 174 – If the condition is not a necessary behavior for one of the parties, in case of death of that party, his heir may replace him.

Blocking against the rules of integrity

Madde 175 - If one of the parties prevents the realization of the condition contrary to the rules of honesty, the condition is deemed to have been fulfilled.

If one of the parties provides the realization of the condition against the rules of honesty, the condition is deemed not realized.

Forbidden conditions

Madde 176 – If a condition is put in order to ensure an unlawful or immoral act or non-doing, the legal action based on this condition is strictly null and void.

THIRD DISCRIMINATION: Attachment Money, Withdrawal Money and Penalty Condition
A) bond money

Madde 177 - The amount of money given by a person during the conclusion of the contract is deemed to have been given as proof of the execution of the contract, not as a withdrawal money.

Unless there is a contract or a local custom, the bond money is deducted from the basis.

B) Withdrawal money

Madde 178 – If the withdrawal money has been agreed, each party is deemed authorized to withdraw from the contract; in this case, if the one who gave the money backs out, he gives up; If the one who has taken turns away, he will give back twice what he took.

C) Penalty condition

Creditor's rights

The relationship of the penalty with the performance of the contract

Madde 179 - If a penalty has been stipulated for the non-performance of a contract at all or not properly, the creditor may request the performance of either the debt or the penalty, unless otherwise understood from the contract.

If the penalty has been decided for the non-performance of the debt at the specified time or place, the creditor may request the execution of the penalty along with the original debt, unless he explicitly waived his right or accepted it without reservation.

The borrower reserves the right to demonstrate that he / she is authorized to terminate the contract by returning or terminating, by executing the agreed penalty.

The relationship between punishment and harm

Madde 180 - Even if the creditor has not suffered any loss, the agreed penalty must be fulfilled.

If the creditor's loss exceeds the agreed penalty, the creditor cannot ask for the excess amount unless the debtor proves that he has a fault.

partial performance burning

Madde 181 - The provisions regarding the penalty clause are also applied to the contracts stipulating that the executed part will remain with the creditor in case of reversal.

Provisions regarding sales in installments are reserved.

Amount, invalidity and reduction of the penalty

Madde 182 – The parties can freely determine the amount of the penalty.

If the original debt is invalid for any reason, or if it becomes impossible due to a reason that the debtor cannot be held responsible later, unless otherwise agreed, the punishment cannot be requested. The fact that the penalty condition becomes invalid or subsequently becomes impossible due to a reason the debtor cannot be held responsible does not affect the validity of the original debt.

The judge automatically reduces the penalty condition he sees excessively.

Kaynak: https://av-saimincekas.com/en/tbk/turk-borclar-kanunu-6098-sayili/

FIRST DISCRIMINATION: Transfer of Receivable
A) Conditions

voluntary turnover

generally

Madde 183 – Unless the law, contract or nature of the business prevents it, the creditor may transfer his receivables to a third party without seeking the consent of the debtor.

The borrower cannot assert that it has been agreed against the third person who has taken over the receivable by relying on a written debt recognition that does not include a prohibition of transfer.

shape

Madde 184 - The validity of the transfer of receivables depends on whether it is made in writing.

The promise of the transfer of the receivable does not depend on the shape.

Legal or judicial transfer and effect

Madde 185 – If the transfer of the claim has taken place in accordance with the law or a court decision, this transfer can be claimed against third parties without the need for a special form and the previous creditor's declaration of consent.

B) The provisions of the transfer

Borrower's status

performance in good faith

Madde 186 - If the debtor has not been notified by the transferee or transferee that the receivable has been transferred to the previous creditor; If the debt has been transferred several times, it is released from the debt by performing in good faith to one of the previous takers instead of the last transferee.

Withdrawal and deposit

Madde 187 – The debtor of a receivable whose ownership is in dispute, can avoid the performance and gets rid of the debt by depositing the subject of the receivable to the place determined by the judge.

If the borrower performs even though he knows that the receivable is contentious, he will be responsible for the consequences.

If the contention that is the subject of the case has not been concluded by the court yet and the debt is due, each party may force the debtor to deposit the act.

Borrower's defenses

Madde 188 - The debtor can put forward the defenses he had against the transferor when he learned the transfer, against the transferee.

The borrower may swap his non-due debt as soon as he / she learns the transfer, on condition that it is due before or at the same time as the transferred credit.

Priority rights and transition of dependent rights

Madde 189 - With the transfer of the receivable, priority rights and related rights, other than those specific to the person of the transferee, are also transferred to the transferee.

Interests processed with the original receivable are also considered transferred.

Delivery of bills and documents and giving information

Madde 190 - The transferor is obliged to deliver the receivable note and other documents related to the proof in his possession to the transferee and to provide the necessary information so that he can claim his receivable.

Many

generally

Madde 191 - If the receivable is transferred in return for a performance, the transferor guarantees the existence of the receivable during the transfer and that the debtor has the ability to pay.

If the receivable has been transferred without any provision for performance or passed to someone else in accordance with the law, the transferee or the previous creditor is not responsible for the assets and the debtor's ability to pay.

transfer for performance

Madde 192 – If the creditor has not determined the amount to be deducted from the debt, although the creditor has transferred the receivable for the performance of the debt, the transferee is obliged to deduct the amount that he received from the debtor or that he could have received if he had shown the necessary care, against his own receivables.

Scope of liability

Madde 193 - The transferee may make the following claims from the transferor liable for the warranty:

1. The return of the counter-performance it performs with its interest.

2. Expenses caused by the transfer.

3. Expenses incurred by the ineffective initiatives to obtain the credit it has taken over against the borrower.

4. Other losses incurred unless the circuit proves its perfection.

C) Reservation of special provisions

Madde 194 - Provisions introduced by law specific to the transfer of some rights are reserved.

SECOND DISCRIMINATION: Undertaking the Debt
A) Internal undertaking contract

Madde 195 – The person who makes an internal undertaking contract with the debtor is under the obligation to relieve the debtor from his debt by performing the debt himself or by assuming the debt with the consent of the creditor.

The borrower cannot request to fulfill his obligation on the other hand, unless he / she fulfills his debts arising from the internal assumption contract.

If the borrower has not been freed from his debt, he may seek assurance on the other hand.

B) Outsourcing contract

Suggestion and acceptance

Madde 196 - Replacing the debtor with a new one and getting rid of his debt is possible with a contract between the debtor and the creditor.

The notification of the internal undertaking contract to the creditor by the undertaker or with the permission of the borrower means a proposal for the conclusion of the external undertaking contract.

The acceptance of the creditor may be explicit or implicit. If the creditor accepts the performance of the undertaking without any reservation, or if he consents to any other transaction he performs as his debtor, he is deemed to have accepted the liability.

Binding of the proposal

Madde 197 - The proposal for undertaking the debt can always be accepted by the creditor. However, the undertaking or previous borrower may set a period for acceptance. If the creditor pauses until the end of this period, the proposal is deemed to be rejected.

Before the proposal is accepted by the creditor, a new internal assumption contract is made and if the creditor is given a proposal for this second undertaking, the first proposer is free from being bound by the proposal.

C) Consequences of change of debtor

Associated rights and obligations

Madde 198 - Even if the debtor has changed, the dependent rights of the creditor, other than those specific to the debtor's personality, are reserved.

However, the responsibilities of the third party and the guarantor who pledge as the guarantee of the debt continue only if they give their written consent to the undertaking of the debt.

Defenses

Madde 199 – The right to put forward defenses regarding the assumed debt passes to the new debtor.

Unless otherwise understood from the external undertaking agreement, the new borrower cannot make personal defenses against the creditor, which the previous borrower can assert.

The new borrower cannot claim the defenses arising from the internal undertaking agreement against the creditor.

D) Invalidity of the contract

Madde 200 - If the foreign undertaking contract becomes invalid, the old debt continues its existence together with all its related debts, without prejudice to the rights of good-willed third parties.

Furthermore, the creditor may ask the undertaker to compensate for the loss caused by any loss of pre-provided security, or for any other reason, unless he / she proves that the undertaking undertaking has assumed no defect in the void of the undertaking and the loss of the creditor.

E) Participation in debt

Madde 201 - Participation in debt is a contract between the participant and the creditor to stand with the debtor in an existing debt, resulting in the participant being liable for the debt together with the debtor.

The debtor participant and the debtor are jointly responsible to the creditor.

F) Acquisition of assets or business

Madde 202 - a property or business assets and transferee with liabilities, so to declare and commercial enterprises to creditors Trade Registry Gazette, starting from the date announced by to throughout Turkey for others to be published in one newspaper which is distributed, would be responsible for the debt or in business assets against them.

However, for two years, the previous borrower remains responsible as a joint borrower with the transferee. This period, for the due debts, from the date of notification or announcement; For debts that will be due later, it starts to operate on the date of issuance.

The results of undertaking debts in this way are identical to the results from the external assumption contract.

Unless the obligation to declare or announce is fulfilled by the transferee, the two-year period stipulated in the second paragraph shall not start to operate.

G) Merger and transformation of businesses

Madde 203 - If a business is combined with another business through the acquisition of assets and liabilities mutually or by joining one to another, the creditors of both businesses have the rights arising from the acquisition of an asset and can receive all their receivables from the new business.

The same provision applies to the debts of an enterprise owned by a single person and converted into a collective or limited partnership.

H) Reservation of special provisions

Madde 204 - Special provisions regarding sharing the inheritance and undertaking the debt regarding the transfer of pledged immovables are reserved.

THIRD DISCRIMINATION: Transfer of the Contract and Participation in the Contract
A) Transfer of contract

Madde 205 The transfer of the contract is an agreement made between the transferee and the party remaining in the contract, and transferring all rights and obligations of the transferor to the transferee, together with the status of being a party arising from this contract.

The agreement between the transferee and the transferee, based on the prior authorization granted by the other party remaining in the contract or subsequently approved, is also subject to the transfer of the contract.

The validity of the transfer of the contract depends on the form of the transferred contract.

Successor states and other special provisions arising from the law are reserved.

B) Joining the contract

Madde 206 – Participation in a contract is an agreement between the participant and the parties to this contract, in order to stand by one of the parties to an existing contract, which results in the participant having the rights and obligations of the party he is with.

Unless otherwise agreed in the agreement, the participant of the contract and the party with whom he is a part of the contract are several creditors and debtors against the other party of the contract.

The validity of participation in the contract depends on the form of the contract.

PART TWO: Private Debt Relations
SECTION ONE: Sales Agreeme
FIRST DISCRIMINATION: General Provisions
A) Definition and provisions

Madde 207 - The contract of sale is the contract in which the seller undertakes to transfer the possession and ownership of the sold to the buyer and the buyer undertakes to pay a price in return.

Unless otherwise agreed by contract or otherwise, they are obliged to fulfill their debts at the same time.

The price that can be determined according to the situation and conditions is in the agreed price.

B) Benefit and damage

Madde 208 - Benefits and damages of the sold, except in separate cases arising from the law, the necessity of the situation or the special conditions stipulated in the contract; The transfer of possession in movable sales belongs to the seller until the moment of registration in real estate sales.

In the movable sales, if the buyer falls into default in taking over the possession of the sold, the benefit and damage of the sold pass to the buyer as if the transfer of the possession has taken place.

If the seller sends the seller to another place of performance at the buyer's request, the benefit and damage passes to the buyer as soon as the seller is delivered to the carrier.

SECOND DISCRIMINATION: Movable S
A) Subject

Madde 209 – The sale of movables is the sale of things other than those considered immovable in accordance with the Turkish Civil Code and specified as movable in other laws.

The sale of movable items, such as the ruins of a building and the stones to be removed from the quarry, is the sale of integrative parts that will be transferred to ownership after leaving the property.

B) Seller's debts

Transfer of possession

Kural

Madde 210 - The seller is obliged to transfer his possession to the buyer in order to pass the ownership of the seller.

Transfer and transportation expenses

Madde 211 - On the contrary, if there is no contract or quantity, transfer expenses such as measuring and weighing belong to the seller, expenses incurred to take over the sold item, and when the sold item needs to be moved from the place of performance, the transportation costs belong to the buyer.

If the outgoing transfer is agreed, the seller is considered to bear the transportation expenses.

If the transfer is decided without port and customs expenses, the seller is deemed to have undertaken the foreign sales, transit and foreign purchase taxes; however, it is not deemed to have undertaken the excise duties paid at the time the seller was taken over by the buyer.

Seller's default

Rule and discrete case

Madde 212 – In case of default by the seller, the general provisions regarding the default of the debtor apply.

In commercial sales that have been placed for a certain period of time for the transfer of possession, if the seller falls into default, the buyer is deemed to want to eliminate the loss resulting from the failure of the debt by giving up the transfer request.

If the buyer intends to request the transfer of the sold, he must notify the seller immediately at the end of the determined period.

Expense debt and scope

Madde 213 - The seller who does not fulfill his debt is obliged to compensate the damage caused by the buyer.

If the seller does not fulfill its debt, the buyer may request that the loss be calculated according to the difference between the sales price and the price paid in accordance with the rules of honesty in order to purchase another person, instead of the seller, which has not been transferred to him.

If the goods are sold, listed on the stock exchange or have a market price, the buyer may want to eliminate the loss to be calculated according to the difference between the sales price and the market price on the determined performance day without having to purchase another one instead.

Responsibility for seizure

Subject

Madde 214 – If all or part of the sale is taken from the buyer by a third party due to a right existing at the time of the conclusion of the sales contract, the seller becomes liable to the buyer for this.

If the buyer knew about the risk of his / her disposal at the time of the contract, the seller will not be responsible for it unless he has also undertaken it.

If the seller has hidden the right of the third party, the agreement to remove or limit liability is absolutely null.

Judgment procedure

Notice of the case

Madde 215 – When the buyer, who is in danger of taking away the sold item, notifies the seller of the lawsuit brought against him, the seller is obliged to either join the lawsuit with the buyer or to follow and defend the case against the third party, as the situation requires and in accordance with the judicial procedure.

If the notification is made at a time convenient to participate in the case and to the defense, the verdict against the buyer has consequences for the seller, unless it is proved that it was made because of its grave defect.

If the case has not been notified to the seller for reasons that could not be imposed on him, the seller is relieved of responsibility to the extent that the seller proves that a more favorable provision could be achieved if he had been notified in time.

Don't give away what's sold without a court order

Madde 216 - The responsibility of the seller for the seizure continues in the following cases:

1. If the buyer has recognized the right of the third party in accordance with the rules of integrity and gave the sold to him, without waiting for a court decision.

2. If the buyer, without waiting for the third party to file a lawsuit against him, warned the seller about the dispute on the claim by lawsuit, and without delay, that he would apply to the arbitration remedy, and applied for arbitration because he could not get any results.

The responsibility of the seller continues even if the buyer proves that he is obliged to give the sold to the third person.

Buyer's rights

in full possession

Madde 217 - If the entire sale has been taken away from the buyer, the contract of sale is deemed to be automatically terminated and the buyer can make the following requests from the seller:

1. Reducing the value of the products that he / she obtained or neglected to be obtained from the sold, and the refund of the sales price he paid with the interest.

2. Expenses that he / she cannot claim from the third person who took away the sold.

3. All trial costs and expenses excluding the trial, except those that can be avoided by notifying the vendor of the case.

4. Other damages directly caused by the sale of the sold.

Unless the seller proves that no defect can be imposed on him, the buyer is also liable to eliminate any other damages incurred by the buyer from the purchase of the seller.

in partial seizure

Madde 218 – If a part of the sold is taken away from him or the seller is loaded with a limited real right, the buyer may only request the compensation of the damage he has suffered because of this.

However, if it is understood from the conditions and conditions that the buyer would not buy it if the seller knew this situation, the buyer might ask the judge to decide the termination of the contract. In this case, the buyer is obliged to return the part of the sold to the seller, together with the benefits he has obtained up to that time.

Responsibility for shame

Subject

generally

Madde 219 - The seller is liable to the buyer due to the absence of the qualifications he has notified in any way, as well as the existence of material, legal or economic defects that are contrary to the quantity affecting the quality or quality, which eliminate or significantly reduce the value of the buyer in terms of the purpose of use and the benefits that the buyer expects from him. happens.

The seller is responsible for these defects even if they do not know.

In animal sales

Madde 220 - In the sale of animals, the seller will not be liable for the fault unless it undertakes in writing or has a serious fault.

non-liability agreement

Madde 221 - If the seller is seriously faulty in transferring the sold as defective, any agreement that removes or limits his liability for the defect is absolutely null and void.

Defects known to the buyer

Madde 222 - The seller is not responsible for the defects known by the buyer at the time of conclusion of the sales contract.

The seller is also responsible for the defects that the buyer may see by reviewing the seller sufficiently, but only if he has undertaken the absence of such a defect.

Review and notify seller

generally

Madde 223 - The buyer is obliged to review the status of the seller he has taken over as soon as possible according to the usual flow of business and if he sees a defect requiring the responsibility of the seller in the sold, it must notify him within a suitable period.

If the buyer neglects to review and report, the seller is deemed to have accepted. However, if there is a shame in the seller that cannot be revealed by a regular review, this provision does not apply. If such a defect is found out later, it must be reported immediately to the seller; If it is not reported, it is deemed to have been accepted with this defect.

In animal sales

Madde 224 – The period for which the seller will be responsible in the sale of animals has not been determined in writing and the defect is not related to the pregnancy of the animal, but the seller is liable only if the defect is notified to him within nine days starting from the date of the transfer or the buyer's default in the acquisition, and also if the competent authority is requested to review the animal by the experts within the same period. It is possible.

Consequences of the seller's gross negligence

Madde 225 - The seller, who is seriously defective, cannot escape from the responsibility, albeit partially, by claiming that the defect in the sold has not been notified to him in time.

The same provision is valid for the defects that people with profession need to know.

Sending the item from elsewhere

Madde 226 - The buyer who claims that the sold sold from another place is defective, is obliged to temporarily take the necessary measures to protect the seller, if the seller does not have a representative in his place. The buyer cannot send it back to the seller without taking the necessary measures to protect the item that he claims is defective.

The buyer is obliged to determine the condition of the seller without delay. If he does not do this, the burden of proving that the shame he put forward exists at the time the seller reaches him falls on the buyer.

If the sold out is in danger of deterioration in a short time, the buyer is authorized to sell it through the court in its location, and even if it requires the benefit of the seller. If the buyer does not report the situation to the seller as soon as possible, he is responsible for the damage resulting from this.

Buyer's optional rights

generally

Madde 227 - In cases where the seller is responsible for the defects of the sold, the buyer may exercise one of the following optional rights:

1. Return from the contract by declaring that it is ready to return the sold.

2. To retain the sold and ask for a discount in the price of the sale.

3. Requesting free repair of the sold at all costs, if the seller does not require excessive costs.

4. If possible, request that the sold be replaced with a defect-free counterpart.

The buyer reserves the right to demand compensation in accordance with the general provisions.

The seller can prevent the buyer from exercising his selective rights by immediately giving the buyer an identical copy of the same property and removing all the damage suffered.

If the buyer uses his right to return from the contract, if the situation does not justify this, the judge may decide to repair the seller or to reduce the sales price.

If the deficiency in the value of the sold is very close to the sales price, the buyer can only use one of the rights to return from the contract or to request the replacement of the sold with an indifferent counterpart.

Destruction or severe damage to the sold item

Madde 228 - The disappearance or severe damage of the sold, which has been transferred to the buyer as a defect, due to unexpected situation or force majeure, does not prevent the buyer from exercising his right to withdraw from the contract. In this case, the buyer is obliged to return whatever is left from the sold.

If the sold out has been lost due to a reason that can be loaded, or if the buyer has transferred it to someone else or changed its form, the buyer can only request the deduction of the deficiency in value from the sales price.

Consequences of turning

generally

Madde 229 - The buyer who returns from the sales contract is obliged to return the sold item to the seller together with the benefits obtained from it. In return, the buyer may also make the following requests from the seller:

1. Returning the paid sales price with interest.

2. Payment of the expenses incurred by the court for the sale, as in the entirety of the sold.

3. Elimination of direct damage caused by defective goods.

Unless the seller proves that no defect can be imposed on him, he is obliged to remedy the other damages of the buyer.

In the sale of multiple goods

Madde 230 - If more than one good or a product consisting of more than one piece is sold together and some of them are found to be defective, the right of return can only be used for those who are defective. However, if it is not possible to separate the defective part from the other without causing significant damage to the buyer or seller, the right of return must cover the entire sold.

Returning from the sale for the original of the sale includes the add-ons, even if they are sold with a separate sale price; however, for plugins, rotation does not include the original of the sold.

Time out

Madde 231 – Unless the seller has undertaken for a longer period, any lawsuit regarding the liability arising from the defect of the sold is time-barred within two years from the transfer of the sold item to the buyer, even if the defect in the sold item is discovered later. The right of defense arising from the defect notified by the buyer within two years, starting from the transfer of the sold item, does not cease once this period has elapsed.

If the seller is seriously defective in transferring the sold defective, the seller cannot benefit from a two-year expiry period.

C) Buyer's debts

Payment of the sales price and taking over the sold

Madde 232 - The buyer is obliged to pay the sales price as agreed in the sales contract and to take over what is offered to him.

On the contrary, if there is no local custom or agreement, it is necessary to take over immediately.

Determination of the sales price

Madde 233 – If the buyer has declared that he will buy the goods without specifying the sale price, the sale is deemed to have been made over the average market price at the place and time of performance.

If the sales price is calculated according to the weight of the seller, the tare is reduced.

In the sale of some merchandise, commercial practices regarding the reduction in quantity or percentage calculation by tare weight or determination of the price on tare weight are reserved.

Due and interest on the sale price

Madde 234 - On the contrary, if there is no contract, the sale price becomes due when the buyer is in possession of the sold.

If there is a custom that interest can be requested, or if the buyer has the opportunity to obtain products or other yields from the commodity, or if the default occurs after the certain day has passed, interest may be asked to the sales price without further notice.

Buyer's default

Seller's right of return

Madde 235 - If the buyer goes into default in cases where the sold must be transferred only after the sales price has been paid or at the time of payment, the seller may resume the sale without any action.

The seller, who wants to use this right, must inform the buyer without delay.

If the possession of the seller has been transferred to the buyer without paying the sale price, the purchase of the seller by using the right of return of the seller due to the default of the buyer depends on the right of this right to be clearly reserved in the contract.

Calculation and reparation of damage

Madde 236 - The buyer who does not fulfill his debt is obliged to compensate the damage caused by the seller.

The seller may ask the buyer, who has had a default in paying the sale price, to eliminate the loss to be calculated according to the difference between this price and the price the seller has received from his sale in accordance with the rules of integrity.

If the goods are sold, listed on the stock exchange or have a market price, the seller may ask the buyer to eliminate the loss to be calculated according to the difference between the sales price and the price of the goods on the determined payment day without the need for such a sale.

THIRD DISCRIMINATION: Real Estate Sales and Rights That Create a Relationship
A) Shape

Madde 237 - In order for the real estate sale to be valid, the contract must be drawn up officially.

Promise to sell immovable, repurchase and purchase agreements will not be valid unless officially issued.

The validity of the preliminary contract depends on its written form.

B) Rights giving rise to a sales relationship

Duration and annotation

Madde 238 – Preemption, redemption and purchase rights can be determined for a maximum period of ten years and can be annotated in the land registry for a period determined by the laws.

Inheritance and inheritance

Madde 239 - Unless there is an agreement on the contrary, the pre-emption, purchase and repurchase rights arising from the contract cannot be transferred, but pass through inheritance.

If it is agreed with the contract that these rights can be transferred, the transfer will not be valid unless it is done in the manner foreseen for the establishment of the right.

Right to pre-emption

put forward

Madde 240 - The pre-emption right can be used for the sale of the immovable or any transaction that is economically equivalent to the sale.

The right to preemption cannot be exercised in the case that the immovable is privatized to one of the heirs in the sharing of the heritage, the sale by force increase and the fulfillment of public services and acquisition for similar purposes.

Terms and conditions

Madde 241 - The seller or the buyer must notify the owner of the pre-emption right through a notary that the contract of sale has been made and its content.

If the sales contract is removed after the pre-emption right is used or if it is not approved by the buyer's person, this situation cannot be claimed against the pre-emptive owner.

Unless otherwise stipulated in the contract establishing the right to pre-emptive, the owner of the pre-emptive right wins the immovable under conditions related to the sale that the seller has agreed with the third party.

The above provisions are also applied for transactions equivalent to sales in terms of economy.

Use and provisions

Madde 242 – The right owner who wants to use the pre-emption right arising from the contract, to the buyer if this right has been annotated and the ownership of the immovable has been registered in the name of the buyer; otherwise, he has to file a lawsuit against the seller within three months from the date of notification of the sale or any other transaction that is economically equivalent to the sale, and in any case within two years from the date of the sale.

C) Sale of real estate

Conditional sale and retention of ownership

Madde 243 - In the conditional sale of an immovable, it cannot be registered with the land registry, unless the condition is fulfilled.

The condition to keep the property hidden in the sale of the immovable cannot be registered.

Responsibility

Madde 244 - Unless there is a contract to the contrary, if the real estate sold does not include the amount of the area written in the sales contract, the seller is obliged to pay compensation to the buyer for its deficiency.

If the sold immovable does not include the amount of the area written on the land registry based on a formal measurement, the seller is not liable for compensation unless specifically assumed.

Lawsuits arising from the defect of a building expire after five years, and twenty years if the seller has a serious defect, starting with the passing of ownership.

Benefit and damage

Madde 245 – If a contractual period is specified for the buyer to receive the sold item at a time after registration, its benefits and damages pass to the buyer upon delivery. This provision also applies if the buyer is in default in receiving the goods sold.

The validity of this contract depends on its written form.

Implementation of the rules on the sale of movable

Madde 246 – The rules regarding the sale of movables are also applied in the sale of immovable by analogy.

FOURTH SEPARATION: Some Sales Types
A) Sales on sample

Description

Madde 247 – Sale by sample is the sale where the parties agree that the subject of the contract is suitable for a sample left to the buyer or a third party, or for a good they have determined.

Burden of proof

Madde 248 – If the party to whom the sample is given in the sale on the sample is not under the burden of proving that the sample in his hand is the sample given to him, even if the form of the sample has changed, if this change is a compulsory result of the review, the claim of the buyer is considered correct. However, the other party has the right to prove otherwise.

If the sample is broken or destroyed while in the hands of the buyer, even if it does not have a fault, the burden of proof proves that the sold is not suitable for the sample.

B) Selling on condition of liking

Description

Madde 249 – Selling on the condition of liking is the sale made on the condition that the buyer likes what is sold by trying or reviewing it.

Rulings

Madde 250 – With the condition of liking, the buyer is free to accept the sold item or return it without giving any reason.

Even if the seller has passed into the possession of the buyer, the ownership of the seller remains with the seller until the condition of the liking is realized.

Try or review

next to the seller

Madde 251 - If the trial or review has to be done with the seller, but the buyer does not explain whether he accepts the sold within the required time according to the contract or number, the seller is relieved of the contractual commitment.

If such a period has not been determined, the seller may, after a suitable period of time, warn the buyer to report whether he has accepted the sold; If this notice is not answered immediately, the seller will be free from contractual commitment.

next to the buyer

Madde 252 - If the sold is given to the buyer without trial or review, within the required time according to the contract or number, or if there is no such period, if the buyer does not immediately notify or return it, upon the warning of the seller, the condition of liking is fulfilled.

Likewise, the buyer's condition is fulfilled by paying all or part of the sales price without any reservations or by using the sold in a way that exceeds the purpose of trial or review.

C) Partial payment sales

Sale in installments

Definition, form and content

Madde 253 - Sales in installments is the sale where the seller undertakes to deliver the sold movable property to the buyer before the sale price is paid, and the buyer undertakes to pay the sales price partly.

The installment sales agreement will not be valid unless it is made in writing.

If the good is sold within the scope of the seller's commercial activity, the contract states the following:

1. Name and settlement of the parties.

2. The subject of the sale.

3. Advance sales price of the sold.

4. Additional fee to be specified due to payment by installments.

5. Total sales price.

6. All other actions taken by the recipient in cash or in kind.

7. The amount and the maturity of the down payments and installments and the number of installments not less than two.

8. The right of the buyer to withdraw the statement of will about the contract within seven days.

9. Records of agreement regarding ownership of the property or transfer of sales receivables, if foreseen.

10. Interest payable in case of default or due date, not exceeding thirty percent of the legal interest rate.

11. Place and date of establishment of the contract.

Consent of the legal representative

Madde 254 - The validity of the installment sales contract made by a minor or limited party with discrimination power depends on the written consent of the legal representative. In this case, the consent must have been given at the latest when the contract is established.

The terms and consequences of the contract and the withdrawal statement

Madde 255 – The installment sale contract becomes effective and results in terms of the buyer seven days after receiving a copy of the contract signed by the parties. The buyer may notify the seller in writing that he has withdrawn the declaration of will within this period. This right cannot be waived in advance. The fact that the notice of withdrawal is mailed on the last day of the period is sufficient for it to have consequences.

If the seller has transferred the goods to the buyer within the take-back period, the buyer may use the goods only to the extent required by a regular review; otherwise the contract will result in terms and conditions.

If the buyer uses the right to withdraw, he cannot be asked to withdraw money.

Rights and obligations of the parties

Debt to pay the down payment and the duration of the contract

Madde 256 - The buyer is obliged to pay at least one tenth of the cash sale price in cash at the latest at the time of delivery and the remaining part of the sales price within three years following the establishment of the contract.

Depending on the type of the sold, the President can cut the down payment amount and the legal payment terms by half and double it.

The seller who transfers the sold to the buyer without taking the minimum down payment determined in the law loses his right to request on the unpaid part of the down payment.

In case of giving up the down payment, the increase in the sales price is null and void.

Buyer's def

Madde 257 – The buyer cannot waive the right to swap the seller's receivables arising from the installment sale with the seller's receivables from the seller.

If the receivable is transferred, the defects of the buyer regarding the receivable price cannot be limited and eliminated.

Full payment of the sale price

Madde 258 - Unless the installment debt is linked to the bill of exchange, the buyer can always get rid of his debt by paying the remaining part of the sales price at once. In this case, the part corresponding to the unpaid installments of the price added to the cash sale price is reduced in accordance with the shortening of the payment period, not less than half.

Buyer's default

Seller's right of choice

Madde 259 - If the buyer defaults on paying the down payment, the seller can only request the down payment or withdraw from the contract.

If the buyer is in default in paying the installments, the seller may request the payment of all the overdue installments or the remaining sales price at once or withdraw from the contract. The seller may demand the entire remaining sales price or withdraw from the contract, provided that this right is expressly reserved and the buyer pays at least two successive installments or at least one fourth of the final installment constituting at least one tenth of the agreed sale price. depends on the default. However, if the amount that the seller may request due to the return is equal to or more than the amount of the paid installments, the seller cannot withdraw from the contract.

The seller must grant at least fifteen days to the buyer before requesting the rest of the sales price to be paid in full or using their right to return from the contract.

Returning from the contract

Madde 260 – If the seller returns from the contract after the transfer of the sold item to the buyer due to the buyer's default in paying the installments, both parties are obliged to return what they have received. The seller may also request an equitable use fee and compensation if the value of the sold item is reduced due to unusual use. However, the seller cannot ask for more than he would have received had the contract been performed on time.

If the seller returns from the contract before the transfer of the seller due to the default of the buyer in the payment of the down payment, the buyer may request compensation only from the unpaid down payment, after the establishment of the contract with the legal interest to be processed until the date of return from the contract. If the penalty condition is agreed, it cannot exceed ten percent of the cash sale price.

Judge's intervention

Madde 261 - The judge may provide payment facilities to the buyer and prohibit the seller from buying back the seller, provided that he assures the buyer that he will pay his debts and that the seller does not suffer any loss due to this new regulation.

Competent court and arbitration

Madde 262 – The buyer whose domicile is located in Turkey cannot waive the jurisdiction of the court in the domicile beforehand, and cannot enter into an arbitration agreement regarding the disputes arising from the installment sales contract to which he is a party.

Application area

Madde 263 - The provisions regarding sales in installments are also applied to transactions made for the same economic purpose.

In the lease agreements made for the purpose of obtaining a movable, if the seller transfers the purchase price to the lender with the registration of the ownership, or independently from this, or if the seller and the lender agree the delivery of the goods to pay later in installments. the relevant provisions are applied by comparison. It is obligatory to include the issues that must be put into the sales contracts in installments. However, instead of the cash sales price and the total sales price, the borrowed amount and the total loan amount to be paid to the borrower are shown.

In the loan agreements related with the cash sales installments, the provisions regarding the sales in installments are not applied to the borrower if the legal minimum down payment has been paid and the cash sales price has been fully paid during the loan agreement.

In the event that the buyer acts as a merchant or if the goods are purchased for the needs of a commercial enterprise or for professional purposes, only the provisions of the second paragraph of the article 259, the first paragraph of the 260th article and the article 261 are applied.

Sales in prepaid installments

Definition, form and content

Article 264 - Pre-paid installment sale is the sale where the buyer undertakes to pay the sale price of a movable property in advance, and the seller undertakes to transfer the sold to the buyer after the full payment of the price.

The pre-paid installment sales agreement will not be valid unless it is made in writing. The contract states the following:

1. Name and settlement of the parties.

2. The subject of the sale.

3. Total sales price.

4. Number, amount, maturity and duration of the installments.

5. The bank authorized to accept installments.

6. Amount of interest undertaken against the buyer.

7. The right of the buyer to withdraw the statement of will about the contract within seven days.

8. Buyer's right to withdraw from the contract and therefore withdrawal money.

9. Place and date of establishment of the contract.

Rights and obligations of the parties

Securing payments

Madde 265 - For contracts with a payment period of more than one year or indefinite, the buyer is obliged to deposit the payments into an income-generating savings or investment account to be opened in his name at a bank specified in the contract.

The bank must observe the interests of both parties. Payment can be made from the account opened with the consent of both parties. This consent cannot be given in advance.

In contracts with a payment term of more than one year or indefinite, if the buyer withdraws from the contract pursuant to Article 269 until the transfer of the sold, the seller loses all rights on this account.

The right of the buyer to request the transfer of the goods

Madde 266 - After the buyer pays the entire sale price, he can always request the transfer of the goods to him. However, if the seller will transfer the goods from someone else, the buyer has to give him a suitable time for this.

In order for the seller to transfer the property to the buyer, the conditions regarding the sale in installments must be followed.

If the buyer has purchased more than one item or reserves the right to choose, the partial transfer of the sold may be requested only after paying the minimum down payment stipulated in article 256. This request cannot be made in cases where the sold constitutes an article group. If the sales price is not paid in full, it may be requested provided that the seller partially transfers the sold, but only if ten percent of the remaining portion is left as assurance.

Payment of the sale price

Madde 267 - For contracts with a payment period of longer than one year or indefinite, the sales price must be paid in full at the time of the transfer of the sold. The buyer who wishes to transfer the sold can free up at most one third of the sales price in favor of the seller from the balance in his account. However, no commitment can be made regarding this during the establishment of the contract.

Determination of the sales price

Madde 268 - All records that reserve the right of the seller to demand an additional price to the total sales price determined at the time of conclusion of the contract are void.

Although the total sales price to be paid is determined in the contract, if the item to be transferred is not determined beforehand and the seller has been granted the right to choose this item, the seller is obliged to fully comply with the choice of the buyer, taking into account the usual prices in cash sales.

Non-compromising agreements are valid only to the benefit of the buyer.

Termination of the contract

Right of withdrawal

Madde 269 - In contracts with a payment period longer than one year or indefinite, the buyer can always withdraw from the contract until the transfer of the goods.

The withdrawal money, which is foreseen to be paid by the buyer in case of withdrawal from the contract, is determined by looking at the nature of the situation and the period between the establishment of the contract and the withdrawal. However, this amount cannot be less than two percent and more than five percent of the seller's total receivable. The buyer may request that the part of his payments exceeding the withdrawal money be returned to him with his returns.

Withdrawal money can not be requested if the contract is canceled due to the fact that the buyer is unable to make prepayments due to the death or permanent deprivation from earning, or because the proposal for the replacement of the contract by the seller is not accepted by the seller in an ordinary installment.

The duration of the contract

Madde 270 - Prepayment performance debt ends after five years.

In contracts with a payment period of more than one year or indefinite, if the buyer does not request the transfer of the sold after eight years, the seller warns himself and grants a three-month period. If the buyer remains indifferent within this period, the seller will have the rights granted to the buyer in case of withdrawal from the contract.

Buyer's default

Madde 271 - If the buyer defaults on one or more prepayments, the seller can only ask for payments that are due. However, the seller also has the right to withdraw from the contract after the expiry of the one month payment period to be granted to the buyer, if at least one-tenth of the total receivable and two consecutive prepayments or a single prepayment or the last prepayment that constitutes at least one-fourth of the total receivable are due. happens.

If the seller returns from the contract with a payment term of one year or less, the second paragraph of Article 260 is applied by analogy. In contracts with a duration of more than one year, the seller may only request compensation for the losses exceeding the withdrawal money stipulated in the second paragraph of Article 269 and the average bank deposit interest to be paid to the buyer.

In the event that the buyer, who is default in contracts for more than one year, wants the transfer of the goods, the seller may request to eliminate the decrease in the value of the goods after the transfer request along with the legal principal interest. If the penalty condition is foreseen, its amount cannot exceed ten percent of the sales price.

In cases where the sold item has been transferred, the provision of the first paragraph of Article 260 shall apply.

Limitation of application area

Madde 272 – Articles 264 to 271 do not apply if the buyer acts as a merchant or the goods are purchased for the needs of a commercial enterprise or for professional purposes.

Common provisions

Madde 273 – Among the provisions regarding sales in installments, those relating to the consent of the legal representative, the conclusion and consequences of the contract and the explanation of redemption, the buyer's defenses, the transfer of the seller's receivable, the payment facilities provided by the judge, and the arbitration with the competent court, are also applied to the sale in prepaid installments.

If the buyer is obliged to make payments before the transfer of the sold in installments, the sale period of which is more than one year or indefinite, the provisions regarding the sale in prepaid installments are applied by comparison.

D) selling by auction

Description

Madde 274 - Sale through auctions; It is the sale made with the one who offers the highest price among the ready ones by determining the place, time and conditions in advance.

Establishing

Madde 275 - Unless the seller has stated a contrary will in the auction conditions, the sales contract in the voluntary auctions where everyone can participate, is established by the bidder of the person who offers the highest price.

Sales by force increase will be established by the officer who manages the increase to bid for the person who offers the highest price.

Rulings

The moment the bidder is connected

generally

Madde 276 – The person participating in the auction is bound by his proposal under the conditions set for sale.

If there is no contrary condition, the commitment of the proposer ends with making a higher recommendation than him, or upon asking whether there is a higher recommendation, it is eliminated by not accepting his proposal immediately.

In the sale of real estate by auction

Madde 277 - In the sale of the immovable by auction, the tender or the rejection must be made immediately after the auction.

The condition foreseeing that the commitment of the proposer will continue after the increase is invalid. However, this rule does not apply in case of forced auctions and when the tender needs to be approved by a public official.

Due to prepayment

Madde 278 - Unless otherwise agreed in the auction conditions, the tender price must be paid in advance.

If the tender price is not paid in advance or according to the terms of the increase, the seller can return from the sale immediately.

Passing of ownership

Madde 279 – The person who buys a movable property at the auction acquires its property at the time of the auction. The ownership of the immovable purchased from the auction passes to the buyer only upon registration in the land registry.

The increase officer immediately informs the land registry office about the registration of the immovable shown in the sales report on behalf of the buyer.

Special provisions regarding the passing of property are reserved in the tenders made as a result of the forced increase.

In optional private auctions, ownership is subject to general provisions.

Responsibility for seizure and shame

Madde 280 - Provisions regarding the liability for seizure and dishonor in forced increases are not applied.

The person who bought the goods without an increase will own the property, rights and burdens that are determined according to the property, land registry or sales conditions or law.

In optional auctions, the seller is responsible for the trap and defects of the seller. However, except for deception, this responsibility can be avoided by explicitly declaring and announcing it in the conditions of increment.

Cancellation of the auction

Madde 281 - If it is ensured that the tender is realized by resorting to illegal or immoral means, each concerned person may request the cancellation of the tender from the court within ten days starting from the day he learned the reason for the cancellation and in any case within one year following the date of the tender.

Special provisions on forced increases are reserved.

SECTION TWO: The Exchange of Goods Contract
A) Definition

Madde 282 – The contract of exchange of goods is a contract in which one of the parties undertakes to transfer the possession and ownership of one or more things to the other party, and the other party undertakes to transfer the possession and ownership of another or more things as a counter deed.

B) The provisions to which it is subject

Madde 283 – The provisions of the sales contract are also applied to the goods exchange contract; Accordingly, each of the parties is the seller in terms of what it undertakes to give, and the buyer in terms of what it is assumed to be given.

C) Responsibility for seizure and defect

Madde 284 – The provisions of the sales contract regarding the liability for seizure and defect are also applied to the goods exchange contract to the extent appropriate.

CHAPTER THREE: Donation Agreement
A) Definition

Madde 285 - A donation agreement is a contract in which the donor undertakes to make a contribution to the donated person from his assets free of charge, in order to result in inter-health.

To waive a right that has not yet been acquired or to reject an inheritance is not forgiveness.

The fulfillment of a moral assignment is also not forgiveness.

B) Ability to forgive

For the forgiver

Madde 286 – Anyone who has the capacity to act can make donations, without prejudice to the limitations arising from the property regime between the spouses or the law of inheritance.

If a donor is decided to be restricted due to his extravagance as a result of a trial initiated within a year following the donation, that donation may be canceled by the court.

For the donated

Madde 287 – If the person who does not have the capacity to act has the power of discernment, he can accept forgiveness. However, if the legal representative of the donor forbids that person's acceptance of forgiveness or orders the return of the donated thing, the forgiveness ceases to exist.

C) Establishment

promise forgiveness

Madde 288 - The validity of the donation promise depends on the written form of this agreement.

The promise of forgiveness of an immovable or an in-kind right on the immovable depends on the validity of the promise.

The promise of forgiveness, which is invalid due to non-compliance with the figure, is in the form of forgiveness by hand when the donor fulfills it. However, this provision does not apply to donations whose validity has been formally established.

hand donation

Madde 289 Donation by hand is established when the donor delivers a movable to the donor.

Conditional forgiveness

Madde 290 - Forgiveness can be made on a condition.

In the donation, the fulfillment of which depends on the death of the donor, the provisions regarding the will are applied.

Upload forgiveness

Madde 291 - The donator can place uploads for his forgiveness.

The donor may request the fulfillment of the loads accepted by the donor in accordance with the contract.

The authority to request the fulfillment of an upload that has been donated as a public good passes to the relevant public institution after the death of the donor.

If the value of the donation issue does not cover the costs of loading and the part exceeding is not paid to him, the donated can avoid carrying out the loading.

Conditional forgiveness return to the forgiver

Madde 292 - The donor may stipulate that the forgiveness will return to him if the donee dies before him / her.

If the subject of forgiveness is related to the immovable or a real right on the immovable, the donor can be annotated on the land registry title.

Withdrawal of forgiveness offer

Madde 293 – Even if a person has actually separated a property that he proposes to donate from his other properties, he can withdraw the offer to donate until the donor is accepted.

D) The responsibility of the donor

Madde 294 - The donator is not responsible for the damage arising from forgiveness, unless the donor has caused this damage with a serious fault.

If the donor has also promised a guarantee about what is donated or receivable, he will be responsible for it.

E) the disappearance of forgiveness

Withdrawal of forgiveness

Madde 295 – The donor may withdraw the donation by hand or the promise of forgiveness he fulfilled, if one of the following situations has occurred, and may request the return of the forgiveness subject to the extent that the donor is enriched on the request date:

1. If the donor has committed a serious crime against the donor or one of his relatives.

2. If the donor has been significantly against his or her legal obligations to the donor or anyone in his family.

3. If the donor has not performed the installation without a justifiable reason in the donation with loading.

Withdrawal of pardon and abstention from performance

Madde 296 – The pardoner may withdraw his promise and refrain from performing it in the following cases:

1. If there is any reason that a hand donated property may want to be returned.

2. If his financial situation has changed to such an extent that he will make the fulfillment of the word extraordinarily heavy for him.

3. After promising forgiveness, if new family obligations have arisen or have been considerably heavily enforced.

If the weakness of payment of the promise of forgiveness is determined or if it is decided to go bankrupt, the obligation to fulfill is eliminated.

Duration of right of withdrawal and transfer to heirs

Madde 297 - The donor can take back the donation within one year, starting from the day he learns the reason for the withdrawal.

If the donor dies before the one-year period expires, the right to take back passes to his heirs and the heirs can exercise this right until the end of this period.

If the donor has not learned the reason for the recovery in his health, heirs may exercise the right to withdraw the donation within one year starting from his death.

If the donor kills the donor, deliberately and illegally, or prevents him from exercising his right to take back, they can undo the inheritance.

Death of the forgiver

Madde 298 – Unless otherwise agreed, forgiveness involving periodic acts ends with the death of the donor.

SECTION FOUR: Lease Agreement
FIRST DISCRIMINATION: General Provisions
A) Definition

Madde 299 – The lease agreement is the contract in which the lessor undertakes to leave the use of something or to benefit from it together with the use to the lessee, and the tenant undertakes to pay the agreed rent in return.

B) Rental period

Madde 300 - The lease agreement can be made for a specified and unspecified period of time.

The lease agreement, which will expire without any notification after the agreed period has expired, has a certain duration; other lease agreements are deemed to be made for an indefinite period.

C) The lessor's debts

Delivery debt

Madde 301 The lessor is obliged to deliver the leased property on the agreed date in a condition suitable for the intended use in the contract and to keep it in this condition throughout the contract. This provision cannot be changed against the tenant in housing and roofed workplace rents; In other lease agreements, no arrangement contrary to this provision can be made against the tenant through general transaction conditions.

Obligation to bear tax and similar obligations

Madde 302 – Unless otherwise agreed or stipulated by law, the lessor bears the compulsory insurance, tax and similar obligations regarding the leased property.

Obligation to bear ancillary expenses

Madde 303 – The lessor is obliged to bear the ancillary expenses incurred by himself or the third party regarding the use of the leased property.

Responsibility of the lessor for the faults of the lessor

Responsibility for the rented's defects at the time of delivery

Madde 304 - In case the leased is delivered with significant defects, the tenant may apply to the provisions regarding the default of the debtor or the lessor's liability arising from the failure of the lessor.

In the delivery of the leased with unimportant defects, the tenant may apply to the provisions regarding the responsibility of the lessor due to the defects that arise later on the leased.

Responsibility for the leased item to become defective later

generally

Article 305 - If the leased becomes defective afterwards, the tenant may ask the lessor to remedy the defects or to make a discount proportional to the defect or to remedy the loss. However, the request for remedying harm does not prevent the exercise of other optional rights.

In the event of material defect, the tenant reserves the right to terminate the contract.

Request for rectification and termination

Madde 306 – The lessee may ask the lessor to correct the defect in the leased item within a reasonable period of time; If the defect is not rectified within this period, the lessee may have the defect rectified to the lessor's account and deduct the resulting receivable from the rental price, or may request that the leased one be replaced with a faultless one.

The tenant may terminate the contract if the defect removes or significantly prevents the leased's suitability for the intended use and is not rectified within the given time.

Instead of rectifying the defect in the lessor, the lessor can replace it with a similar defect within an appropriate period.

The lessor can prevent the tenant from exercising his selective rights by immediately giving an identical copy of the same property and removing all of the damage suffered.

Lowering the rental price

Madde 307 – In the event that there are defects that affect the use of the leased property, the lessee may request a proportional reduction from the rental price for the period between the learning of these defects by the lessor and the elimination of the defect.

Reparation of the damage

Madde 308 – Unless the lessor proves that he is not at fault, he is obliged to pay the lessee the damages arising from the defectiveness of the leased property.

Responsibility for the rights asserted by the third party

Responsibility for seizure

Article 309 - In the event that a third party claims a right that is incompatible with the tenant's right in the lessor, the lessor is obliged to undertake the case and to remedy any damages incurred by the tenant.

Third party having superior right after the conclusion of the contract

Change of lease

Madde 310 – If the leased property changes hands for any reason after the conclusion of the contract, the new owner becomes a party to the lease contract.

Provisions regarding expropriation are reserved.

Third party having limited real rights

Madde 311 – If, after the conclusion of the contract, a third party becomes the owner of a real right that affects the right of the lessee on the leased property, the provisions regarding the change of ownership of the leased property are applied by analogy.

annotation to the land registry

Madde 312 – In immovable leases, an annotation of the tenant's right to tenancy to the land registry can be agreed with the contract.

D) Tenant's debts

Debt to pay rent

generally

Madde 313 – The tenant is obliged to pay the rent.

performance time

Madde 314 – The tenant is obliged to pay the rental fee and, if necessary, ancillary expenses at the end of each month and at the latest at the end of the rental period, unless there is a contrary contract and local custom.

Tenant's default

Madde 315 – If the lessee does not perform the debt due to pay the rent or ancillary expenses after the delivery of the leased property, the lessor may give the lessee a period in writing and notify that if he does not perform within this period, he will terminate the contract.

The period to be given to the tenant is at least ten days and at least thirty days for the housing and roofed office rents. This period starts from the day following the date of written notification to the tenant.

Duty to use with care and to respect neighbors

Madde 316 – The tenant is obliged to use the leased property with care in accordance with the contract and to show the necessary respect to the residents and neighbors of the property where the leased property is located.

In the event that the tenant acts against this obligation, the lessor gives a written warning that the tenancy will be terminated, by giving at least thirty days for the rent of the house and the roof, otherwise it will terminate the contract. In other lease relationships, the lessor can immediately terminate the contract with a written notice without prior notice to the lessee.

In the housing and roofed workplace, the tenant can immediately terminate the contract with a written notification in the event that the tenant deliberately harms the tenant, understands that the time to be given to the tenant will be useless, or if the tenant's behavior against the obligation is unavoidable.

Debt to pay cleaning and maintenance expenses

Madde 317 - The tenant is obliged to pay the necessary cleaning and maintenance expenses for the ordinary use of the leased property. Local custom is also considered in this regard.

Obligation to notify the lessor of the defects

Madde 318 – The lessee is obliged to notify the lessor of the defects that he is not obliged to rectify, without delay; otherwise he is liable for the resulting damage.

Debt to bear with the elimination of defects and the demonstration of the leased property

Madde 319 - The tenant is obliged to endure efforts to eliminate the defects of the leased or to prevent damages.

The tenant is obliged to allow the lessee and the third party designated by him to visit and see the rented, to the extent necessary for maintenance, sale or subsequent rental.

The lessor is obliged to notify the tenant of his work and the tenancy, as appropriate, and take into account the tenant's benefits at the time of these.

The tenant's rights regarding the reduction of the rental value and elimination of its losses are reserved.

E) Special circumstances

Innovation and change in the leased

by the lessor

Madde 320 - The lessor can make changes and innovations in the lessor that do not require the termination of the lease and that can be expected from the tenant.

During the making of these innovations and changes, the lessor is obliged to take care of the tenant's interests. The tenant's rights regarding the reduction of the rental value and removal of the loss are reserved.

by tenant

Madde 321 - The tenant, with the written consent of the lessor, can make changes and innovations in the leased property.

The lessor, who consents to innovations and changes, cannot request that the leased be returned in its former condition, unless agreed in writing.

Unless there is a written agreement on the contrary, the tenant cannot ask for the return of the increase in the value of the lease due to the innovations and changes made with the consent of the lessor.

Sub-lease and transfer of usage right

Madde 322 - The tenant can lease the rented one to someone else wholly or partially, as well as transfer the right of use to someone else, provided that it does not cause a change that will harm the lessor.

The tenant cannot rent the leased one to someone else or delegate the right to use it unless they have written consent of the lessor in the housing and roofed office rents.

If the lessee uses the lessor other than what is given to the lessee, the lessee is liable to the lessor. In this case, the lessor can also use the rights he has against his tenant against the sub-tenant or the transferee.

Transfer of tenancy

Madde 323 – The lessee cannot transfer the rental relationship to another person unless he obtains the written consent of the lessor. The lessor cannot refrain from giving this consent unless there is a justifiable reason in the workplace leases.

With the written consent of the lessor, the person whose tenancy is transferred to him replaces the tenant in the tenancy agreement and the tenant who is transferred over gets rid of his debts against the lessor.

The tenant who transfers the workplace rents becomes responsible jointly until the end of the lease contract and with the transferee for a maximum of two years.

Not using the leased

generally

Madde 324 – As long as it is available for use, the tenant is obliged to pay the rent, even if it is not used for a reason arising from the tenant himself or if it is used in a limited way. In this case, the expenses that the lessor has avoided are deducted from the rental price.

Returning the leased property before the end of the contract

Madde 325 – If the lessee returns the leased property without complying with the term of the contract or the termination period, the debts arising from the lease contract continue for a reasonable period of time that the leased property can be leased under similar conditions. If the lessee finds a new tenant who can be expected to accept from the lessor before the expiry of this period, has the ability to pay and is ready to take over the lease, the lessee's debts arising from the lease agreement are terminated.

The lessor is obliged to deduct the expenses he has avoided and the benefits obtained or otherwise intentionally avoided by using the lessor.

Trade waiver ban

Madde 326 - The tenant and the lessor cannot waive the right to swap their receivables arising from the lease agreement in advance.

F) Termination of the contract

lapse of time

Madde 327 - If a period of time has been determined explicitly or implicitly, the lease agreement will automatically expire at the end of this period.

In this case, if the parties maintain the lease relationship without a clear agreement, the lease contract becomes an indefinite term contract.

Notice of termination for indefinite lease agreements

generally

Madde 328 - In indefinite-term lease contracts, each party may terminate the contract by complying with the legal termination periods and termination notice periods, unless a longer termination period or another termination period has been agreed. In the calculation of termination periods, the starting date of the lease contract is taken as basis.

If the termination period or notice period specified in the contract or law is not complied with, the notification is valid for the next termination period.

In immovable and movable building leases

Madde 329 - Each of the parties may terminate the lease for a property or a movable building for the end of the lease term specified in the local number or, in the absence of such, for the end of the six-month lease period, in compliance with the notice period of three months.

In movable leases

Madde 330 - Each of the parties can terminate the lease agreement for a property at any time by complying with the termination notice period to be made three days in advance.

The tenant of a movable property that the lessor has rented due to his professional activity and is used for the special use of the lessee can terminate the lease with a notice of termination at least one month before the end of the three-month lease period. In this case, the lessor has no right to ask for the loss to be remedied.

extraordinary termination

Important reasons

Madde 331 - Each of the parties may terminate the contract at any time by complying with the legal termination notice period in the presence of important reasons that make the continuation of the lease unbearable for itself.

The judge decides on the monetary consequences of the extraordinary termination notice, taking into account the situation and circumstances.

Tenant's bankruptcy

Madde 332 - If the tenant goes bankrupt after the delivery of the leased property, the lessor may request assurances for the rental fees to be committed.

The lessor gives a suitable period in writing to the tenant and bankruptcy desk to be reassured. If no assurance is given within this period, the lessor may terminate the contract immediately without complying with any termination notice.

death of the tenant

Madde 333 - In case the tenant dies, his heirs can terminate the contract for the nearest termination period by complying with the legal termination notice period.

G) Return of the leased

generally

Madde 334 - The tenant is obliged to return the leased in whatever condition he has received, at the end of the lease. However, the tenant is not responsible for the aging and deterioration of the leased property due to the use in accordance with the contract.

Agreements related to the tenant's prior commitment that he / she will pay another compensation in the event of termination of the contract, other than eliminating the damages that may arise without using it contrary to the contract.

Reviewing the leased property and notifying the tenant

Madde 335 – The lessor must review the condition of the leased property during the return and immediately notify him in writing of the deficiencies and defects that the lessee is responsible for. If this notification is not made, the tenant is relieved of all liability. However, if there are deficiencies and defects that cannot be determined by ordinary inspection at the time of delivery, the responsibility of the tenant continues. When the lessor detects such deficiencies and defects, he must immediately notify the lessee in writing.

H) The lessor's right of imprisonment

Subject

Madde 336 - In immovable rents, the lessor has the right of imprisonment for the leased property and the leased property for the furnishing or use of the leased property, as a guarantee of the processed one-year and the six-month running price.

The tenant's right to imprisonment also includes the same qualities that the sub-tenant brought to the lessee, so as not to exceed the tenant's lease obligation to the original tenant.

The right to imprisonment cannot be exercised on the tenant's immovable property.

Goods belonging to third parties

Madde 337 - The rights of third parties on the property that the lessor knows or should know that the lessor does not belong to the tenant, and the stolen, lost or otherwise lost property out of the hands of the owner precede the right of imprisonment of the lessor

If the lessor learns that the immovables that are brought to the lease by the tenant are not the tenant's property while the lease contract is in progress, he / she does not terminate the contract for the end of the nearest termination period, he loses his right to prison.

Using the right

Madde 338 - If the tenant wants to move or move the movables in the leased property to another place, the lessor may retain the movable amount that will ensure the security of his receivable by the decision of the magistrate or executive director.

If the item, which is the subject of the detention order, is taken secretly or by force, it is brought back to the leased with the help of law enforcement within ten days starting from their removal.

SECOND DISCRIMINATION: Housing and Roofed Workplace Rents
A) Application area

Madde 339 - The provisions regarding housing and roofed workplace rents are also applied to the property whose use is left to the tenant. However, these provisions do not apply to the lease of immovable properties reserved for temporary use for a period of six months or less.

These provisions apply to all lease agreements that public institutions and organizations make, regardless of the procedures and principles.

B) Linked contract

Madde 340 - If the establishment or maintenance of the contract for residential and roofed workplace rents is linked to a debt that is not directly related to the use of the leased, without the benefit of the lessee, the contract related to the lease is invalid.

C) Usage expenses

Madde 341 - The tenant is obliged to bear the expenses such as heating, lighting and water, unless otherwise stipulated in the contract or contrary to local customs, in rents of houses and workplaces with roofs.

The party that incurs the expenses must give one copy of the documents proving these expenses to the other party upon request.

D) the tenant's assurance

Madde 342 - If there is a debt of providing assurance to the tenant in the rent of houses and workplaces with a roof, this assurance cannot exceed the three-month rental fee.

If it is decided to give money or valuable documents as assurance, the tenant deposits the money in a term savings account and stores the valuable documents in a bank, not withdrawing without the consent of the lessor. The bank can return the assurances only with the consent of the two parties or with the finalization of enforcement proceedings or based on the finalized court decision.

If the lessor has not informed the bank in writing that he has filed a lawsuit against the tenant or has pursued proceedings through execution or bankruptcy within three months of the expiration of the tenancy agreement, the bank is obliged to return the guarantee upon the tenant's request.

E) Rental price

generally

Madde 343 – Except for the determination of the rental price, no changes can be made in the lease agreements against the tenant.

determination

Madde 344 – The agreements of the parties regarding the rental price to be applied in the renewed rental periods are valid, provided that they do not exceed the change rate according to the twelve-month averages in the consumer price index in the previous rental year. This rule also applies to lease agreements for more than one year.

If no agreement has been reached by the parties, the rental price is determined by the judge by the judge, taking into account the condition of the leased, provided that the rate of change does not exceed the twelve-month averages in the consumer price index of the previous rental year.

Regardless of whether or not an agreement has been made by the parties, the rental price to be applied in the new lease year, at the end of every five years, the rental rate to be applied in the new lease year, the rate of change by the judge according to the averages of twelve months in the consumer price index, Peer rental prices are determined in accordance with equity by taking into consideration. The rental value determined in this way in the rental year after every five years can be changed according to the principles in the previous paragraphs.

If the lease price is determined as foreign currency in the contract, the lease price cannot be changed unless five years have passed, provided that the provisions of the Law on the Protection of the Value of Turkish Currency No. 20 dated 2/1930/1567 are reserved. However, the provision of Article 138 of this Law titled “Excessive Difficulty” is reserved. After five years, the provision of the third paragraph is applied in determining the rental value, taking into account the changes in the value of the foreign currency.

The duration of the lawsuit and the effect of the decision

Madde 345 - The lawsuit regarding the determination of the rental fee can always be filed.

However, if the lawsuit has been filed at the latest thirty days before the beginning of the new period or the tenant has been notified that the rental value will be increased within this period, the rental fee to be determined by the court shall be determined until the end of the following new lease period, it connects the tenant from the beginning of this new rental period.

If there is a provision in the contract that the rental fee will be increased in the new rental period, the rental fee to be determined by the court will be valid from the beginning of this new period, until the end of the new rental period.

Prohibition of arrangement against the tenant

Madde 346 - No other payment obligation can be imposed on the tenant, except for the rental fee and additional expenses. In particular, agreements stating that if the rental fee is not paid on time, the penalty will be paid or the next rental charges will be due are invalid.

F) Termination of the contract in housing and roofed workplace rentals

via notification

generally

Madde 347 – For residential and roofed workplace rentals, the contract is deemed to be extended for one year with the same conditions, unless the tenant notifies at least fifteen days before the end of the fixed-term contracts. The lessor cannot terminate the contract based on the expiry of the contract period. However, at the end of the ten-year extension period, the lessor may terminate the contract without giving any reason, provided that it gives notice at least three months before the end of each extension year following this period.

In indefinite term lease contracts, the tenant can always terminate the contract with a notice of termination according to the general provisions, after ten years after the beginning of the rent.

In cases where the right of termination can be exercised according to the general provisions, the lessor or the lessee can terminate the contract.

The validity of the notice

Figure

Madde 348 – The validity of the notice of termination in residential and roofed workplace rentals depends on its written form.

Family residence

Madde 349 – For immovables rented to be used as family residences, the lessee cannot terminate the lease agreement without the express consent of his spouse.

If this consent cannot be obtained, or if it refuses to give consent without a justified reason, the tenant may ask the judge to make a decision on this matter.

In case the non-tenant spouse gains the title of the lease agreement by notifying the lessor, the lessor must notify the tenant and his spouse individually, depending on the termination notice and the termination notice.

through litigation

For reasons arising from the lessor

Requirement, rebuilding and zoning

Madde 350 - The lessor the lease agreement;

1. If there is an obligation to use the rented property for himself, his wife, subordinate, supersouse or other persons whom he is obliged by law, due to the need for housing or workplace,

2. If the lease needs to be repaired, expanded or replaced for the purpose of reconstruction or reconstruction, and the use of the lease is impossible during these works,

In certain term contracts, at the end of the period, it can be terminated within one month starting from the date to be determined in compliance with the termination period and the periods stipulated for the notice of termination in accordance with the general provisions on rent in indefinite term contracts.

New owner's requirement

Madde 351 – If the person who subsequently acquires the leased property has an obligation to use it for himself, his spouse, descendants, descendants or other persons whom he is obliged to look after due to housing or workplace needs, after six months, on the condition of notifying the lessee in writing, within one month from the date of acquisition. It can end with a lawsuit.

The person who acquires the leased person can use the right to terminate the contract due to the need, if he wishes, by opening a case within a month starting from the end of the contract period.

For reasons caused by the tenant

Madde 352 – If the lessee has not vacated the leased property after the delivery of the leased property, although he has undertaken to vacate the leased property in writing on a certain date, the lessor may terminate the lease agreement within one month, starting from this date, by applying for enforcement or by filing a lawsuit.

In the tenancy period of less than one year, tenant; If, in one year and longer term lease agreements, he has paid two rightful warnings in writing, since he did not pay the rental price within a lease year or more than one lease year, the lessor starting from the end of the lease period and the lease year in which strikes are made for more than one year. within months, it can terminate the lease by lawsuit.

If the lessee or the partner he lives with has a dwelling suitable for living in the same district or town within the boundaries of the municipality, the lessor may terminate the contract by lawsuit within one month starting from the end of the contract if the lease does not know about it.

Extension of the litigation period

Madde 353 – If the lessor has notified the lessee in writing that he will file a lawsuit within the period stipulated for the filing of the lawsuit at the latest, the period of filing a lawsuit is deemed to be extended for one rental year.

Limitation of litigation reasons

Madde 354 – Provisions regarding the termination of the lease agreement through litigation cannot be changed against the tenant.

Re-leasing ban

Madde 355 - When the lessor ensures the evacuation of the leased property for the purpose of necessity, without justified reason, he cannot rent the leased property to anyone other than the former tenant until three years have passed.

The immovables that have been emptied for reconstruction and zoning cannot be rented to someone else, unless they are three years old, without their right reason. The former tenant has a priority in leasing immovable properties that have been reconstructed and reconstructed, new condition and new lease price. This right must be used within one month following the written notification by the lessor; Unless this priority right is terminated, the immovable cannot be rented to someone else after three years.

If the lessor acts against these provisions, the lessee is obliged to pay compensation to the former tenant, not less than one year's rent paid in the last lease year.

Continuation of the contract on the death of the tenant

Madde 356 – The partners of the deceased tenant or the heirs of these partners who carry out the same profession and art, and those who live in the same house with the deceased tenant, can continue the rental agreement as a party, as long as they comply with the contract and the provisions of the law.

THIRD DISCRIMINATION: Product Rental
A) Definition

Madde 357 - Product rent is the contract under which the lessor undertakes to leave the use of something or a right that gives the product to the tenant and the acquisition of the products for a fee.

Participating in the product is the rent, for which the rental price is determined as a certain ratio of the product to be transferred. If this rate has not been determined by contract, it is determined by the local custom.

B) Application of general provisions

Madde 358 – Unless there is a special provision regarding the rental of the product in this separation, the general provisions regarding the rental agreement are applied.

C) Record editing

Madde 359 – If the rental contract includes tools and equipment, animals, transferred goods or stocked goods, the parties are obliged to evaluate their values ​​together, to record, sign and give to each other in two copies.

D) The lessor's debts

Delivery debt

Madde 360 The lessor is obliged to deliver the leased property to the lessee in a condition suitable for use and operation in accordance with the purpose of the contract and to keep it in this condition for the duration of the contract, including any movable properties rented together.

Major repairs

Madde 361 – The lessor is obliged to make the essential repairs that must be made during the rental period, as soon as the tenant is notified, at his own expense.

E) Tenant's debts

Debt to pay rent and ancillary expenses

generally

Madde 362 – Unless there is a contrary provision or local custom in the contract, the lessee is obliged to pay the rent and ancillary expenses at the end of each rental year and at the latest at the end of the rental period.

If the lessee does not pay the rent or the overdue expense after the delivery of the lessor, the lessor may notify the lessee that he / she will terminate the contract in writing if he / she does not pay within XNUMX days.

Discount from rental price in extraordinary circumstances

Madde 363 – If the usual yield of an agricultural property is significantly reduced due to extraordinary disasters or natural events, the tenant may request a proportional deduction from the rental price.

Waiver of this right is valid only if the probability of such situations occur during the determination of the rental value or if the damage incurred is covered by an insurance.

Use of the leased and operating debt

Madde 364 – The lessee is obliged to operate the leased property in accordance with the purpose and in a good way, especially to keep it in a suitable condition to produce products.

The tenant cannot change the operating method of the leased property after the expiration of the lease period without the permission of the lessor.

maintenance debt

Madde 365 - The tenant is obliged to provide the maintenance of the leased property properly.

The tenant has to make minor repairs in accordance with the local customs, and replace the low value vehicles and equipment that are destroyed or destroyed by use.

F) Prohibition of sub-lease and transfer of usage right

Madde 366 - The tenant cannot lease the leased property to someone else without the consent of the lessor, nor can he transfer the right to use and operate it to someone else. However, the tenant may rent some of the places in the leased property provided that it does not require a change that will cause damage to the lessor.

The rules regarding sub-lease are applied to these tenant lease agreements with another tenant by comparison.

G) Termination of the contract

Reasons for termination

lapse of time

Madde 367 - Fixed term lease agreement ends automatically at the end of the term.

However, if the parties continue the contract implicitly, the lease contract is renewed for one year unless otherwise agreed.

The renewed lease agreement can be terminated for the end of each lease year, in accordance with the legal reporting period.

Termination notice

Madde 368 – In an indefinite term contract, if the termination notice period is not determined by the contract or local custom, each party may terminate the contract, provided that a notice period of at least six months is complied with.

If there is no contrary agreement, for the spring or fall seasons applied locally in the product rents for agricultural immovables; For other product rents, termination notification can be made at any time.

extraordinary termination

Important reasons

Madde 369 - One of the parties may terminate the contract at any time by complying with the legal termination notice period in the presence of important reasons that make the continuation of the lease unbearable for him.

The judge decides on the monetary consequences of the extraordinary termination notice, taking into account the situation and circumstances.

Tenant's bankruptcy

Madde 370 - In case of bankruptcy of the tenant, the contract will automatically terminate as soon as the bankruptcy is opened. However, the lessor is obliged to continue the contract until the end of the lease year, if sufficient assurance is given for the rent in progress and the property recorded in the report.

death of the tenant

Madde 371 - In the event of the death of the tenant, his heirs and the lessor may terminate the contract, provided that the legal termination notice periods of six months are complied with.

Consequences of termination

Give back

Madde 372 – At the end of the lease term, the lessee is obliged to return the leased property together with all the items recorded in the minutes and in their condition.

The tenant is obliged to pay compensation for lack of value, which can be avoided in case of good operation.

The tenant cannot ask for compensation for the value increases that occur due to the care he is obliged to show to the leased.

item on record

Madde 373 – If the value of the items recorded in the minutes of the lease were assessed, the lessee is obliged to return them in the same type and value or to correct the deficiencies in value when the lease agreement expires.

The tenant can escape from giving back or compensating by proving the tenant's flaw or force majeure.

The tenant may request compensation for the increase in value arising from his expenses or labor.

Product and growing expenses

Madde 374 – The lessee of an agricultural immovable cannot claim a right on the products that have not yet been collected at the time the lease agreement expires.

However, the tenant may request the amount of agricultural expenses to be determined by the judge as compensation from the lessor for the production of the product and this compensation is deducted from the rents that have been processed.

Straw, manure and the like

Madde 375 – The lessee, who returns the leased property, is obliged to leave the last year's straw, animal bedding, hay and manure at the leased property, as required by a regular business.

If the tenant leaves more than he has received, he has the right to claim compensation for the excess he left; If it leaves less than it gets, it is obliged to complete the deficiencies or to compensate for the lack of value.

H) Pet rental

Subject

Madde 376 – In the rent of ruminant animals that are not related to the rent of an agricultural immovable, all products of the rented animals within the rental period belong to the lessee, unless there is a contrary agreement or local custom.

The tenant is obliged to feed the rented animals, take good care of them and pay a certain share of the product to the lessor.

Responsibility

Madde 377 – If there is no agreement or local custom on the contrary, the tenant is responsible for any damage to the rented animals, unless he proves that this damage has occurred even though care and attention has been paid to the protection.

The tenant may seek compensation from the lessor for extraordinary protection expenses that he did not cause with his own fault.

The tenant is obliged to inform the lessor about the major accidents or illnesses without delay.

Dissolution

Madde 378 – Unless there is a contrary agreement or local custom, each party may terminate the contract for an indefinite period at any time.

However, termination cannot be done in an inappropriate time that is against the rules of integrity.

CHAPTER FIVE: Loan Contracts
FIRST DISCRIMINATION: Usage Prize
A) Definition

Article 379 - Usage loan agreement is the agreement that the borrower undertakes to lend to the borrower the use of something and the borrower undertakes to return it after using it.

B) Provisions

Borrower's right to use

Madde 380 – The borrower can use the borrowed subject only as agreed in the contract, if there is no provision in the contract, according to its nature or for the purpose for which it is allocated.

The borrower cannot make the borrowing issue available to anyone else.

The borrower is also responsible for damages arising from unexpected situations, in cases where they violate these provisions. However, even if he had complied with these provisions, he would be free of responsibility if he proved that the damage would have occurred.

Maintenance and protection expenses

Madde 381 - The borrower is obliged to cover the usual maintenance and protection expenses of the borrower.

The borrower may request the extraordinary expenses that he has to pay for the lender's benefit.

Joint responsibility

Madde 382 – Those who borrow something together are jointly responsible for it.

C) its expiration

In designated use

Madde 383 – If a certain period of time is not foreseen for use, the contract ends when the borrower has used the borrowed subject in accordance with the contract or after a period of time has elapsed.

If the borrower uses the borrower in violation of the contract, disrupts it or gives it to someone else to use it, or if the borrower's urgent need arises due to a previously unknown situation, the borrower may request it back earlier.

For unspecified use

Madde 384 – If the loan has been given without determining the subject, the period of use and the purpose for which it will be used, the lender can request it back at any time.

Borrower's death

Madde 385 – The usage loan agreement automatically terminates upon the death of the borrower.

SECOND DISCRIMINATION: Consumption Reward
A) Definition

Madde 386 - Consumption loan agreement is a contract in which the lender undertakes to transfer some money or something consumable to the borrower, and the borrower undertakes to return the same quality and amount.

B) Provisions

Interest

generally

Madde 387 – In the non-commercial consumption loan agreement, no interest can be requested unless agreed by the parties.

Interest may be demanded in the commercial consumption loan agreement, even if not agreed by the parties.

Special rules on interest

Madde 388 - If the interest rate is not determined in the consumption loan agreement, as a rule, the interest rate valid for such loans at the borrowing time and on the spot is applied.

If there is no contrary provision in the contract, the determined interest is paid annually.

It is not possible to add interest to the principal and to carry out interest again.

Time out

Madde 389 – The requests of the borrower for the delivery of the borrower and the lender for the receipt of this item become time-barred after six months, starting with the other party's default on this issue.

Insolvency of the borrower

Madde 390 – If the borrower falls into insolvency after the conclusion of the loan agreement, the lender may avoid the delivery of the loan object.

The borrower has the same right if he later found out that the borrower fell into payment weakness before the contract was established.

C) things given instead of money

Madde 391 – If valuable papers or commercial goods are given to the borrower instead of the money agreed in the contract, the amount of the debt is calculated over the exchange or market value at the time of delivery and place; to the contrary, the contract is void.

D) return time

Madde 392 – If it is not decided that the loan will be due on a certain day or notification period or when the debt is requested back, the borrower is not obliged to return the loan until six weeks have passed from the first request.

SECTION SIX: Service Agreements
FIRST DISCRIMINATION: General Service Agreement
A) Definition

Madde 393 – A service contract is a contract in which the employee undertakes to work for a certain or indefinite period depending on the employer and the employer undertakes to pay him a wage according to the time or the work done.

Contracts in which the worker undertakes to perform a part-time service to the employer on a regular basis are also service contracts.

The provisions on the general service contract are also applied to the apprenticeship contract by comparison; special law provisions are reserved.

B) Establishment

Madde 394 – The service contract is not subject to a special form, unless there is a contrary provision in the law.

If a person sees a job that can be done only for a fee according to the requirements of the situation, and if this job is accepted by the employer, a service contract is deemed to be established between them.

The service contract, the invalidity of which is later understood, will result in all terms and results of a valid service contract until the service relationship is removed.

C) Employee's debts

Personal work debt

Madde 395 - Unless otherwise understood from the contract or due to the situation, the worker is obliged to do the work he / she has undertaken personally.

Debt of care and loyalty

Madde 396 - The worker has to do his job with care and act faithfully in protecting the rightful interests of the employer.

The worker is obliged to use the machines, tools and equipment, technical systems, facilities and vehicles of the employer duly and to pay attention to the material delivered to him for the work to be performed.

As long as the service relationship continues, the worker cannot serve the third party for a fee contrary to his loyalty debt and cannot compete with his employer in particular.

The worker cannot use the information he learned while he was at work, especially production and business secrets, to his own benefit or to others during the continuation of the service relationship. To the extent necessary for the protection of the employer's rightful interests, the worker is also obliged to keep a secret after the end of the service relationship.

Delivery and accountability debt

Madde 397 – The worker is obliged to immediately deliver the things and especially the money received from the third party for the employer during the execution of the work he undertakes and to be accountable for them.

The worker is obliged to immediately deliver the things he has obtained due to the performance of the service to the employer.

Overtime debt

Madde 398 - Overtime is the work done with the consent of the worker and above the normal working time specified in the relevant laws. However, if a job that requires working longer than the normal period is required to be fulfilled, the worker is in a position to do this and at the same time his avoidance is against the rules of honesty, the worker is obliged to fulfill the overwork, provided that it is paid for.

Provisions in special laws are reserved.

Obligation to comply with regulations and instructions

Madde 399 - The employer can make general arrangements about the performance of the job and the behavior of the workers in the workplace and can give them special instructions. Workers must abide by them as required by the rules of integrity.

Worker's responsibility

Madde 400 - The worker is responsible for all kinds of damages given to the employer by fault.

In determining this responsibility; Whether the work is dangerous, whether it requires expertise and training, and the skills and qualifications of the worker known or should be known by the employer are taken into consideration.

D) Employer's debts

Payroll debt

Fee

generally

Madde 401 – The employer, the worker specified in the contract or collective bargaining agreement; In cases where there is no provision in the contract, it is obliged to pay the precedent fee, not less than the minimum wage.

Overworked fee

Madde 402 - The employer is obliged to pay the employee at least fifty percent more than the normal working wage for overtime work.

The employer may give permission in proportion to overtime work at a convenient time, instead of overtime pay, with the consent of the worker.

Getting a share of the result of the work

Madde 403 - If the contract has been decided to give the worker a certain share of the production, turnover or profit together with the wage, this share is determined at the end of the accounting period, taking into account legal provisions or generally accepted commercial principles.

In cases where it is decided to give a certain share to the worker, if the calculation of the share cannot be complied with, the employer shall give information to the employee or the expert, whom he has agreed upon or appointed by the judge, and present the books and documents related to the enterprise that constitutes the basis of the information to the examination; If it is decided to give a share of profit, the employer must also give the employee an end-of-year profit and loss statement upon request.

brokerage fee

Madde 404 – If it has been decided by the employer that a fee will be paid to the worker in exchange for mediating in certain jobs, the worker's right to claim arises when the intermediary transaction is validly established with a third party.

In contracts where the debts will be executed partially and in insurance contracts, it can be agreed in writing that the fee request for each part will arise from the due or fulfillment of the debt for this part.

If the contract established between the employer and the third person through the worker is not executed by the employer without fault or the third person does not fulfill his debts, the right to wages ends. In case of partial performance only, a proportional discount is applied.

If the worker is not obliged to keep an account of the brokerage fee to be paid by the contract, the employer is obliged to give the worker a written account for each period during which the wage is due, including transactions subject to this wage.

If the need to review the account arises, the employer is obliged to provide information to the worker or, instead, to the expert that they have agreed with or appointed by the judge, and to submit the books and documents related to the business that constitute the basis for the information.

Bonus

Madde 405 – The employer may give special bonuses to its workers due to certain days such as holidays, New Year's Eve and birthdays. However, the workers' right to claim the bonus arises in the presence of an agreement or working condition or unilateral commitment of the employer.

If the service contract has expired before the bonus period is given, the portion of the bonus reflected in the period of employment is paid.

Payment of the fee

Payment period

Madde 406 – Unless there is a custom, the worker is paid at the end of each month. However, shorter payment periods can be determined by the service contract or collective bargaining agreement.

The brokerage fee is paid at the end of each month if a shorter payment period has not been agreed, or otherwise there is no period. However, if the transactions require more than six months to be processed, the payment may be left for a later date if the brokerage fee is agreed in addition to the original fee.

In cases where it is envisaged to give a share from the producer in addition to the original fee, as soon as the product share is determined, in cases where it is decided to give a share from the turnover or profit, the share must be determined and paid within three months following the accounting period.

The employer is obliged to give advance to the worker in proportion with his service if his mandatory need arises and he is able to pay as per equity.

Protection of the wage

Madde 407 - Regarding the payment of wages, premiums, bonuses and all kinds of remuneration of this nature by depositing the paid in that month to the specially opened bank account; To oblige business owners by taking into account the type of tax liability to which they are subject, the size of the business, the number of workers employed, the province where the workplace is located, and similar factors. The Presidency is authorized to determine whether it will be based on the amount. Business owners, who are subject to the obligation to pay the wages, premiums, bonuses and all kinds of such remunerations of their workers through specially opened bank accounts, cannot pay their workers' wages, premiums, bonuses and all kinds of remuneration of this nature, except for specially opened bank accounts. In each pay period, the employee is given a statement of account. Other procedures and principles regarding the payment of wages, premiums, bonuses and all kinds of remunerations of this nature by depositing them into a specially opened bank account shall be regulated by a regulation to be jointly issued by the aforementioned ministries.

The employer cannot swap his receivables from the worker and his debt unless the worker has agreed. However, due to the judicial decision of the worker deliberately, the receivables arising from a fixed loss can be traded as much as foreclosable part of the wage.

Agreements regarding the use of wages in favor of the employer are invalid.

Remuneration in case the performance of the work is prevented

In case of default by the employer

Madde 408 - If the employer prevents the performance of the act of employment by fault or fails to accept the act, he is obliged to pay the employee his wage and cannot ask the worker to fulfill this action later. However, the expenses that the worker avoided due to this obstruction and the benefits that he / she earned by doing another job or knowingly avoided earning are deducted from his / her wage.

If the worker stops working

Madde 409 – In a long-term service relationship, if the worker cannot perform his work for a short period of time compared to the period in which he worked, without any fault, due to illness, military service or legal work and similar reasons, the employer is obliged to pay the worker a fair wage for that period, unless it is met in another way. liable.

Seizure, transfer and pledge of wage receivable

Madde 410 – More than a quarter of the wages of the workers cannot be seized, transferred to another person or pledged. However, the amount to be appreciated by the judge for the dependent family members of the worker is not included in this rate. The rights of alimony creditors are reserved.

Transfer or pledge of future fee receivables is invalid.

Piecework or lump-sum work

Employment

Madde 411 – If the worker undertakes to do piecework or lump-sum work for only one employer, the employer is obliged to give him sufficient work.

The employer pays the worker on a time basis, if he / she is unable to provide work per piece or lump sum provided for in the contract without his own fault or if the operating conditions are temporarily required. In this case, if the wages to be paid in time are not determined in the agreement or in the service or collective agreement, the employer is obliged to pay the employee a wage equivalent to the average wage he received earlier per piece or as a lump sum.

The employer, who cannot provide work per piece or lump or time, is obliged to pay at least the wages he will pay in time according to the provisions of default in accepting the performance of the job.

unit fee

Madde 412 - If the worker undertakes to work on a piece or on a lump basis in accordance with the contract, the employer is obliged to notify him of the unit fee to be paid before the start of each job.

The employer who has not made this notification is obliged to pay the unit fee determined for the same or similar job.

Business tools and supplies

Madde 413 - On the contrary, if there is no agreement or local custom, the employer is obliged to provide the worker with the necessary tools and materials for this work.

The employer is obliged to pay an appropriate provision for the worker, unless the worker agrees with his employer and his tool or material to be seen, unless otherwise agreed or local customs exist.

Expenses

generally

Madde 414 – The employer is obliged to pay all the expenses required for the performance of the job and, if he employs the worker outside the workplace, the expenses necessary for his livelihood.

In a written service or collective agreement, it is envisaged that the expenses, which are decided to be covered by the employee in person, will be paid to the employee on a daily, weekly or monthly basis. However, this payment cannot be less than the amount to cover the required expenditures.

Agreements regarding the partial or full compensation of compulsory expenses by the employee are void.

means of transport

Madde 415 – If the worker uses a transportation vehicle provided by the employer or himself, in agreement with the employer, for the work to be performed, the ordinary expenses required for the operation and maintenance of the vehicle shall be covered by the employer to the extent it is used for the service.

If the worker is using his own motor vehicle in agreement with the employer, the employer is also obliged to pay the tax related to this vehicle to the worker to the extent that it is used for the service, in accordance with the compulsory financial liability insurance premium, and for the wear of the vehicle.

If the worker uses other transportation vehicles and animals of his own in agreement with the employer, the employer is obliged to cover the usual expenses required for their use and maintenance to the extent they are used for the service.

Payment of expenses

Madde 416 – The receivables arising from the expenses incurred by the worker are paid together with the wage each time, unless a shorter period of time has been agreed or if there is no local custom.

If the worker regularly pays to fulfill his contractual debts, he is given an appropriate advance at regular intervals, at least once a month.

Protection of the worker's personality

generally

Madde 417 – The employer is obliged to protect and respect the personality of the employee in the service relationship, to ensure an order in accordance with the principles of honesty in the workplace, and to take the necessary measures especially to prevent the workers from being subjected to psychological and sexual harassment and to prevent further harm to those who have been subjected to such harassment.

The employer shall take all necessary measures to ensure occupational health and safety at the workplace, and keep the tools and equipment complete; Workers are also obliged to comply with all kinds of precautions regarding occupational health and safety.

Compensation of damages due to the death of the employee, damage to body integrity or violation of personal rights due to the conduct of the employer against the law and the contract, including the above provisions, is subject to the provisions of liability arising from the violation of the contract.

Working in the home

Madde 418 – If the worker lives in the home with the employer, the employer is obliged to provide adequate food and suitable shelter.

If the worker cannot fulfill his / her performance due to illness or accident without fault, the employer must provide the care and treatment of the worker who has not been able to benefit from social insurance benefits and worked for up to a year for two weeks. For each service year of the worker exceeding one year, the said period is increased by two days, not exceeding four weeks.

The employer is obliged to fulfill the same actions during the pregnancy and delivery of the worker.

In the use of personal data

Madde 419 – The employer can use the personal data of the employee only to the extent that it is necessary for the employee's work inclination or for the performance of the service contract.

The provisions of special law are reserved.

Penalty condition and release

Madde 420 - The penalty clause imposed only against the employee in service contracts is invalid.

The release agreement of the employee regarding the receivable from the employer must be in writing, the period of at least one month has elapsed starting from the expiry of the release date, the type and amount of the release subject to the release is clearly indicated and the payment is made through the bank without deficiency. The release contracts or release which do not carry these elements are absolutely null and void.

Discharge contracts that do not contain the fact that the right is paid in real amount or other payment documents containing the declaration form are limited to the amount they contain. Even so, payments must be made through the bank.

The provisions of the second and third paragraphs also apply to all compensation claims arising from the service contract, including those who lack support and what other relatives of the worker may ask for.

Holidays and holidays

Weekend and job search leave

Madde 421 – The employer is obliged to give the worker a full working day off every week, as a rule, on Sunday or if the situation and conditions do not allow this.

In the event of the termination of the indefinite-term service contract, the employer is obliged to give the worker two hours of work permit per day, without any deduction in wages during the reporting period.

In determining the leave hours and days, the right interests of the workplace and the worker are taken into consideration.

Annual permit

Time

Madde 422 - The employer is obliged to give at least two weeks a year to workers who have worked at least one year, and at least three weeks of paid annual leave for workers under the age of eighteen and over fifty.

discount

Madde 423 – If the worker, through his own fault, does not perform the service for more than one month in total in a year of service, the employer may deduct one day from the annual paid leave period for each full month not worked.

If the worker fails to perform his / her work for a maximum of three months due to his personality reasons such as illness, accident, fulfillment of a legal obligation or public duty without his own fault within a service year, the employer cannot deduct from the annual paid leave period.

The employer cannot deduct from the annual paid leave period of the female worker who cannot fulfill her job performance for a maximum of three months due to pregnancy and childbirth.

No arrangements may be made in contradiction with the provisions of the second and third paragraphs, with service or collective bargaining agreements, in a way that creates a judgment against the worker.

Using the

Madde 424 – Annual paid leave, as a rule, is granted on an uninterrupted basis; however, it can also be used by dividing it into two by agreement of the parties.

The employer determines the annual paid leave dates, to the extent that it is compatible with the interests of the workplace or home order, taking into account the wishes of the worker.

Fare

Madde 425 – The employer is obliged to pay in advance or pay in advance the wage for the annual paid leave to every worker who uses his annual paid leave before the worker starts the leave.

As long as the service relationship continues, the worker cannot waive the right to paid annual leave in exchange for money and other benefits from the employer.

In the event that the service contract expires for any reason, the wages of the annual leave periods that the worker is entitled and unable to use are paid to him or his rights holders at the date of the contract. The timeout for this fee starts operating on the date the service contract expires.

service certificate

Madde 426 – The employer is always obliged to provide a service document at the request of the worker, which includes the type and duration of the work.

If the worker explicitly requests, the service document also specifies his skills and attitudes and behaviors.

The employer or the new employer who hires the worker who has been damaged due to the failure to provide the service document in a timely manner or incorrect information in the document may request compensation from the former employer.

E) Industrial and intellectual property right

Madde 427 - Special law provisions on the rights of the employee and employer, acquisition of these and other industrial and intellectual property rights are applied on service inventions.

F) Transfer of service relationship

Transfer of all or part of the workplace

Madde 428 – When the whole or part of the workplace is transferred to another person by a legal transaction, the service contracts existing in the workplace or a part of it on the date of transfer, together with all its rights and debts, pass to the transferee.

In terms of the rights of the worker related to the period of service, the date of his employment next to the employer is taken as basis.

According to the above provisions, in the case of a transfer, the employer who is born before the transfer and which must be paid on the date of transfer is responsible for the transfer and transferee employer. However, the liability of the transfer employer arising from these obligations is limited to two years from the date of transfer.

Transfer of the contract

Madde 429 – The service contract can be transferred to another employer on a permanent basis, only by obtaining the written consent of the employee.

With the transfer, the transferee becomes the employer side of the service contract, together with all of its rights and debts. In this case, the date on which the worker starts working next to the transferring employer is taken into account in terms of his rights depending on the period of service.

G) Termination of the contract

In a fixed-term contract

Madde 430 – A fixed-term service contract automatically terminates at the end of the period, without the need for a notice of termination, unless otherwise agreed.

If the fixed term contract is maintained implicitly after its expiration, it becomes an indefinite term contract. However, if there is a substantial cause, a fixed-term service contract may be established on top of each other.

Each party may terminate the ten-year service contract after a decade, by complying with the six-month termination notice. Termination takes effect only at the beginning of the month following this period.

If the contract has been decided to terminate with the termination notice and neither party has made a notice of termination, the contract becomes an indefinite term contract.

In an indefinite contract

General right of termination

Madde 431 - Each party has the right to terminate the indefinite term contract in accordance with the termination periods.

Termination notice period

generally

Madde 432 – Before the termination of indefinite-term service contracts, the situation must be notified to the other party.

Service contract; two weeks later for the worker whose service period lasted up to one year starting from the notification reaching the other party; It expires after four weeks for the worker lasting from one year to five years and six weeks for the worker lasting more than five years.

These periods cannot be shortened; it can only be increased by contract.

The employer may terminate the service contract by paying the fee for the termination notice.

Termination notice periods must be the same for both parties; If different terms are stipulated in the contract, the longest termination notice period applies to both parties.

In cases where the service contract is suspended, termination notice periods do not work.

During the trial period

Madde 433 – The parties can put a trial period on the service contract, provided that it does not exceed two months. If a trial period has been set, the parties may terminate the service contract without compensation, without having to comply with the termination period during this period.

wages and other rights of the workers for the days worked reserved.

Protection against termination

Madde 434 - In cases where the service contract is terminated by abuse of the right of termination, the employer is obliged to pay the employee three times the compensation of the termination notice period.

Immediate termination

Terms & conditions

justifiable reasons

Madde 435 - Each of the parties can terminate the contract immediately for just cause. The party that terminates the contract must notify the reason for termination in writing.

From the terminator of the contract, all the situations and conditions that are not expected to continue the service relationship according to the rules of integrity are considered to be the just cause.

Employer's inability to pay

Madde 436 - In case the employer falls into insufficiency of payment, the employee may terminate the contract immediately if the rights arising from the contract are not secured by the employer within an appropriate period of time.

Results

Termination for just cause

Madde 437 – If the justified termination reasons arise from the non-compliance of one of the parties with the contract, that party is obliged to fully compensate the damage caused by taking into account all the rights based on the service relationship.

In other cases, the judge freely evaluates the material consequences of the termination for justifiable reason, taking into account all circumstances and circumstances.

Termination without just cause

Madde 438 – If the employer terminates the service contract immediately without just cause, the worker, in contracts of indefinite duration, shall be entitled to the termination notice period; in fixed-term contracts, in case of non-compliance with the contract period, he may request the amount he would have earned had these periods been complied with, as compensation.

In the fixed-term service contract, the amount that the worker saves due to the expiration of the service contract and the income he / she obtains from another job or knowingly avoided from compensation.

The judge may decide to pay a compensation to the worker, which would freely determine the amount, taking into account all circumstances and conditions; however, the amount of compensation to be determined cannot exceed the six-month wage of the worker.

Employee not starting or leaving work unjustly

Madde 439 - If the employee does not start work without just cause or leaves the job suddenly, the employer has the right to demand compensation equal to one fourth of the monthly wage. The employer also has the right to demand compensation for additional damages.

If the employer has not suffered damage or the damage suffered is less than a quarter of the employee's monthly wages, the judge can deduct the compensation.

If the right to claim compensation has not ended by clearing, the employer has to exercise this right within thirty days, through litigation or follow-up, starting with the employee not starting or quitting the job. Otherwise, the right to claim compensation falls.

Death of the employee or employer

employee's death

Madde 440 – The contract automatically terminates upon the death of the worker. The employer, the surviving spouse and minor children of the worker, or their dependents, for one month, starting from the day of death; If the service relationship has continued for more than five years, he is obliged to pay a two-month fee.

Employer's death

Madde 441 – In case of death of the employer, heirs take his place. In this case, the provisions regarding the transfer of the whole or a part of the workplace and the transfer of the service relationship are applied by analogy.

If the service contract is predominantly established by taking into account the personality of the employer, it automatically ends with his death. However, the worker may request a compensatory justice from the heirs for the damage suffered by the contract expiring before the deadline.

The consequences of the termination of the contract

Due debts

Madde 442 - With the termination of the contract, all debts arising from the contract become due.

In the legal relations established through the worker, the moment of exemption is six months if the debt undertaken by the third person is to be fully or partially executed after the termination of the service contract; one year in relationships involving periodic acts; In insurance contracts or jobs with a performance spanning over six months, up to two years may be postponed by a written agreement.

In cases where it is foreseen to give a share from the produced, as soon as the product share is determined, in cases where it is decided to give a share from the turnover or profit, the share shall be due at the latest three months following the accounting period.

obligation to return

Madde 443 – In the event of termination of the contract, each party is obliged to return what it has received in connection with the service from the other or from a third party to the other's account.

The worker is obliged to give back motor vehicles and traffic permits, as well as wages and expense advances to the extent they are more than their receivables.

The parties' prison rights are reserved.

Competition ban

Terms & conditions

Madde 444 - The employee who has the capacity to act can undertake in writing against the employer to refrain from competing with him in any way after the termination of the contract, in particular opening a competitor business on his own account, working in another competitor business or otherwise engaging in any other kind of interest relationship with the competitor. .

The prohibition of competition registration is valid only if the service relationship provides the worker with the opportunity to obtain information about the customer environment or production secrets or work done by the employer, and at the same time, the use of this information will cause significant harm to the employer.

Limitation

Madde 445 - The prohibition of competition cannot include unsuitable limitations in terms of place, time and type of work in a way that will jeopardize the economic future of the worker unfairly, and the duration cannot exceed two years, except for special circumstances and conditions.

The judge may limit the prohibition of excessive competition in terms of scope or duration, by freely evaluating all situations and conditions and by considering the counter-action that the employer may have undertaken in an equitable manner.

Consequences of deviant behavior

Madde 446 - The worker who acts contrary to the prohibition of competition is obliged to compensate all the damages incurred by the employer as a result of this.

If the illegal behavior is bound by a penalty condition and there is no contrary provision in the contract, the worker can get rid of his debt regarding the prohibition of competition by paying the prescribed amount; however, the worker must compensate for the damage exceeding this amount.

The employer may also demand an end to the unlawful behavior if the worker justifies the importance of his / her violation or threatened interests and the behavior of the worker, provided that he explicitly reserves it in writing in the contract, apart from the penalty condition and payment of any additional damages that may arise.

Termination

Madde 447 – The prohibition of competition ends if it is determined that the employer has no real benefit in maintaining this prohibition.

If the contract is terminated by the employer without any justified reason or by the employee for a reason that can be imposed on the employer, the prohibition of competition ends.

SECOND DISCRIMINATION: Marketing Agreement
A) Definition and establishment

Description

Madde 448 - The marketing contract is the contract under which the marketer undertakes to act as an intermediary for any transaction outside the account of the employer of a business enterprise and its business, or to perform the transactions specified in this agreement, if there is a written agreement, and the business owner employer to pay a fee in return.

Establishing

Madde 449 – The marketing contract includes the term of the contract, its expiration, the powers of the marketer, how the fees and expenses will be paid, and the applicable law and the competent court if the domicile of one of the parties is in a foreign country.

In accordance with the above paragraph, if the matters envisaged to be included in the contract are not determined by the parties, the provisions of the law and customary service conditions are applied.

B) Obligations and powers of the marketer

Obligations

Madde 450 – The marketer is obliged to visit customers in accordance with the instructions given to him, unless there is a justifiable reason for not complying with the instruction; without the consent of the employer, he cannot act or act as an intermediary for himself or third parties.

If the marketer is authorized to trade, he must comply with the prices and other trading conditions stipulated in the instruction; the employer cannot make changes unless they agree.

The marketer is obliged to regularly provide detailed information about the marketing activities, to deliver the orders received to the employer immediately and to report important events concerning the customer environment.

Many

Madde 451 - Agreements stating that the marketer will be responsible for the failure of customers to pay or fail to fulfill other obligations, or that they will fully or partially cover the costs for the collection of the receivable are absolutely null and void.

If the marketer conducts transactions with his own customer environment, if the customers do not perform their debts, the employer may undertake in writing, provided that a suitable additional commission is agreed, not to exceed one quarter of the damage to be incurred in each transaction.

Marketers who mediate in insurance contracts can assume in writing that, if a premium or a portion of the premium is not paid, in case of applying for litigation or enforcement proceedings for its collection, they will cover the most half of the expenses.

Powers

Madde 452 - Unless there is a written agreement to the contrary, the marketer is only authorized to mediate the transactions.

If the marketer is empowered to trade, his mandate encompasses all the usual legal proceedings and acts required for the execution of these works; can not collect from customers and change payment days unless special authorization is given.

C) Special obligations of the employer

Activity area

Madde 453 – Unless the marketer has been authorized to operate in a specific marketing area or a specific customer environment and there is no written agreement to the contrary, the employer cannot authorize others to operate in the same area or environment; however, he may transact with third parties.

If there is a reason for changing the terms of the contract regarding the marketing area or the customer environment, the employer may change the provision unilaterally, even if the term of notice of termination is foreseen in the contract; however, in this case, the marketer's right to terminate the compensation and service contract is justified.

Fee

generally

Madde 454 – The employer is obligated to pay the marketer a fee consisting of only a certain amount or a commission with this amount.

The written agreement that all or a substantial part of the fee will be composed of the commission is valid provided that the commission agreed constitutes the appropriate response of the marketer's activity.

The fee to be paid for the trial period can be freely determined. However, the trial period cannot exceed two months.

Commission

Madde 455 – If the marketer is solely authorized to operate in a particular marketing area or in a particular customer environment, he may request payment of the agreed or customary commission on all work performed by him or the employer in that area or environment.

If the authorization to operate in a particular marketing area or a specific customer environment has been granted to the marketer as well as to others, the commissioner is paid only for the work that he / she mediates or does personally.

In the event that the commission is due, if the value of the work done has not been determined precisely, the commission is paid at the minimum value that is accustomed first, and the rest is paid at the latest in the fulfillment of the work.

Blocking of marketing activity

Madde 456 - It becomes impossible for the marketer to carry out marketing work without his own fault, and if he is required to be paid a fee even in this situation, according to the contract or law, the fee is determined according to the fixed fee and the appropriate compensation that can be paid due to the loss of the commission. However, if the commission is less than one-fifth of the fee, it can be decided in writing that no compensation will be paid due to the loss of commission.

If the marketer does not have the opportunity to carry out marketing works without his own fault, but he has received all of his wages, he is obliged to do the work he can and can be expected from him at the employer's request.

Expenditures

Madde 457 – If the marketer simultaneously operates for the account of more than one employer, each employer is obliged to contribute equally to the expenses of the marketer, unless otherwise agreed in writing.

Agreements regarding the inclusion of expenditures in whole or in part on flat fee or commission are absolutely null.

The right to prison

Madde 458 – In the event that the employer falls into insolvency due to the overdue receivables arising from the marketing relationship, the marketer has the right to lien on the movables, valuable papers and the money he has received from the customers based on his authority to collect, in order to secure the receivables that are not yet due.

The marketer cannot retain vehicle and transport documents, price tariffs, customer records and other documents.

D) Termination

Special termination period

Madde 459 – If the commission is at least one-fifth of the flat rate and is affected by significant seasonal fluctuations, the employer may terminate the contract of the marketer who has continued to work with him since the end of the previous season, observing the two-month termination period during the new season.

Under the same circumstances, the marketer may terminate the contract against the employer, who has worked herself until the end of the previous season and continues to work thereafter, by complying with the two-month termination period until the beginning of the next season.

Special results

Madde 460 – In case of termination of the contract, commission is paid for all transactions made or mediated by the marketer and for all orders delivered to the employer until the expiration of the contract, regardless of the time of acceptance and fulfillment.

In the event that the contract expires, the marketer is obliged to return the samples and models, price tariffs, customer records and other documents given to him to the marketing operator to the employer. However, the marketer's right to prison is reserved.

THIRD DISCRIMINATION: Home Service Contract
A) Definition and working conditions

Description

Madde 461 – A home service contract is a contract in which the employer undertakes to see the job given by the employee in his own home or at another place to be determined, in person or with his family members, in return for a fee.

Notification of working conditions

Madde 462 - The employer informs the employee about the characteristics specific to that job outside of the general working conditions each time a new job is given; if necessary, informs the worker in writing about the material to be provided by the worker, how much he will pay for the provision of this material, and the wage he will pay for the work.

If the price to be paid for the material and the fee to be paid for the work are not reported in writing before the work is given, the usual price and fee applied in these works are paid.

Employee's private debts

Getting the job done

Madde 463 – The worker is obliged to start the work on time, to finish the work at the agreed time and to deliver the result of the work to the employer.

If the work is seen as defective with the defect of the worker, the worker has to eliminate the defects that can be remedied at his own expense.

Material and work tools

Madde 464 – If the materials and work tools are provided by the employer, the worker is obliged to use them with due care, to be held accountable for this, and to deliver the remaining materials and work tools to the employer.

If the worker determines that the material or work tools delivered to him are defective while doing the job, he immediately notifies the employer and waits for his instructions before continuing the job.

If the worker makes the materials or work tools delivered to him unusable with his own fault, he is responsible for the employer as much as the fair value on the day he becomes unusable.

Private debts of the employer

Acceptance of the product

Madde 465 – The employer examines the product produced and delivered by the worker; If any, he notifies the worker of the defects he finds within one week starting from the delivery. If no notification is made on time, the product is deemed to have been accepted in its current condition.

Fee

Payment

Madde 466 – The wage of the work done, if the employee is employed by the employer continuously, once every fifteen days or once a month with the consent of the employee; if operated intermittently, it is paid for each delivery of the product.

At every payment, the worker is given an account statement. In the bank statement, the amount and reason of the deductions, if any, are also shown.

In case of interruption of work

Madde 467 – The employer, who employs the worker uninterruptedly, is obliged to pay him his wage, in accordance with the provisions regarding the payment of wages in case the performance of service is prevented, in case of default in accepting the product or if the worker is prevented from working without fault and due to the personality of the worker. In other cases, the employer is not obliged to pay wages according to these provisions.

Termination

Madde 468 - If the worker is given a job for trial purposes, the contract is deemed to have been established for the trial period, unless otherwise agreed.

Unless otherwise agreed, if the worker is employed continuously by the employer, the contract is deemed to have been made for an indefinite period of time; in other cases, the contract is considered to be for a certain period of time.

B) Application of general provisions

Madde 469 – In cases where there is no provision regarding the marketing contract and the home service contract, the general provisions of the service contract are applied.

CHAPTER SEVEN: Work Contract
A) Definition

Madde 470 – A contract of work is a contract in which the contractor undertakes to create a work and the employer undertakes to pay a price for it.

B) Provisions

Obligations of the contractor

generally

Madde 471 – The contractor has to perform the acts he undertakes with loyalty and diligence, taking into account the legitimate interests of the employer.

In determining the responsibility of the contractor arising from the debt of care, the behavior of a prudent contractor who undertakes works in a similar field should be based on the professional and technical rules that should be demonstrated.

The contractor is obliged to make the work to be created directly himself or to have it built under his own management. However, if the contractor's personal characteristics are not important in the creation of the work, he can get the job done to someone else.

Unless otherwise is agreed or contracted, the contractor must provide the tools and equipment to be used for the creation of the work.

In terms of material

Madde 472 – If the material is provided by the contractor, the contractor is liable to the employer, like the seller, due to the defectiveness of this material.

If the material is provided by the owner, the contractor is obliged to use them with due diligence and therefore to return the account and the rest.

When creating the work, if it is understood that the material provided by the owner or the place shown to make the work is defective, or if another situation arises that would endanger the creation of the work as required or on time, the contractor must notify the owner immediately; if not, it will be responsible for the consequences.

Getting started and running

Madde 473 – If it is clear from all estimates that the contractor will not be able to complete the work in the agreed time due to the contractor not starting the work on time or delaying the work in violation of the terms of the contract, or due to a delay that cannot be attributed to the employer, the employer may withdraw from the contract without having to wait for the day determined for delivery.

If it is clearly seen that the work will be created defective or against the contract due to the defect of the contractor during the occurrence, the removal of the defect or defect in a suitable period that the owner will give or give to prevent this; otherwise, he may warn that a repair or resume will be given to a third party at his own expense and damage.

Responsibility for the defect

Identification of the defect

Madde 474 - After the delivery of the work, the employer is obliged to review the work as soon as possible according to the usual flow of the work and to report any defects to the contractor within a suitable period of time.

Each of the parties can meet its expense and request that the work be reviewed by the expert and the result determined by a report.

Optional rights of the employer

Madde 475 – In cases where the contractor is responsible for the defect in the work, the employer can use one of the following optional rights:

1. Returning from the contract if the work owner is defective to the extent that it cannot be used or forced to accept as a matter of fairness or if it violates the terms of the contract.

2. To retain the work and ask for a discount in the rate of shame.

3. Requesting repair of the work free of charge, at all costs, of the contractor, unless it requires an excessive cost.

The right of the owner to claim compensation in accordance with the general provisions is reserved.

If the work is made on the property of the business owner and its removal will cause excessive damage, the business owner cannot use the right to return from the contract.

Responsibility of the employer

Madde 476 – If the work is defective, despite the contractor's explicit warning, if it arises from the instructions given by the employer or if it can be attributed to the employer for any reason, the employer cannot use his rights arising from the defectiveness of the work.

Acceptance of the work

Madde 477 - After acceptance of the work explicitly or implicitly, the contractor is relieved of any liability; however, it remains liable for defects deliberately concealed by it and which cannot be duly noticed during the review.

If the owner neglects to review and report, the work is deemed to have accepted.

If the defect in the work occurs later, the owner must notify the contractor of the situation without delay; if he does not, he is deemed to have accepted the work.

Time out

Madde 478 - If the contractor has created a defective work, the lawsuits to be filed for this reason, starting from the date of submission, for works other than immovable buildings for two years; immovable structures expire at the lapse of five years and, if the contractor has a serious fault, twenty years, regardless of the nature of the defective work.

Employer's debts

Due date

Madde 479 - Employer's compensation debt becomes due at the time of delivery of the work.

If it is decided to deliver the work piece by piece and the price is determined according to the pieces, the price of each piece is due at the time of its delivery.

Bedel

lump sum

Madde 480 – If the price is determined as a lump sum, the contractor is obliged to produce the work for that price. Even if the work required more labor and expense than anticipated, the contractor cannot request an increase in the determined price.

However, if the situations that are not foreseen or predictable but not considered by the parties at the beginning prevent the work to be made with the lump sum determined by the parties or make it extremely difficult, the contractor has the right to ask the judge to adapt the contract to the new conditions, if this is not possible or if it is not expected from the other party. In cases required by the integrity rules, the contractor can only use the right of termination.

The owner is obliged to pay the entire amount determined even if the work required less labor and expense than expected.

price by value

Madde 481 - If the price of the work has not been determined in advance or has been determined approximately, the price is determined by looking at the value of the work and the expense of the contractor at the place and time it was made.

C) Termination of the contract

Exceeding the approximate cost

Madde 482 - If it is understood that the price determined approximately at the beginning will be exceeded excessively without the fault of the employer, the employer may return from the contract before the work is completed or after the completion.

If the work is being made on the land of the owner, the owner may request that an appropriate amount be deducted from the price, or if the work is not yet completed, the contractor may terminate the contract by paying a fair price for the completed part, by keeping the contractor from continuing to work.

The disappearance of the work

Madde 483 - If the work disappears as a result of an unexpected event before delivery, the contractor cannot demand payment of the fee and expenses of the work unless the employer defaults on receiving the work. In this case, the damage to the material belongs to the person who provided it.

In the event that the work disappears due to the material given by the owner or the defect of the plot shown or made according to the instructions of the owner, the contractor may ask for the value of the work he performed and the expenses that do not fall within this value. If the business owner has a defect, the contractor also has the right to request rectification.

Termination in return for compensation

Madde 484 - The employer may terminate the contract, provided that the compensation for the work done before the completion of the work is compensated and the contractor is compensated for all losses.

Impossibility of performance because of the employer

Madde 485 - If the completion of the work becomes impossible due to an unexpected event related to the employer, the contractor may demand the value of the work done and the expenses that do not fall within this value.

The contractor also has the right to seek compensation if the owner is flawed in revealing the impossibility of performance.

Contractor's death or loss of ability

Madde 486 – The contract, which was made considering the personal characteristics of the contractor, automatically terminates in the event that he dies or loses his ability to complete the work without fault. In this case, if the employer can benefit from the completed part of the work, he is obliged to accept it and give it back.

CHAPTER EIGHT: Extension Agreement
A) Definition

Madde 487 – Publishing contract is the contract in which the owner or successor of an intellectual and artistic work undertakes to leave that work to the publisher for publication, and the publisher undertakes to publish it by duplicating it.

B) Shape

Article 488 - The validity of the extension contract depends on its written form.

C) Provisions

Passage of the right to publish and liability

Madde 489 – With the publication contract, the rights of the author pass to the publisher to the extent and for the period required by the performance of the contract.

The publisher is responsible for not having the right to publish the work against the publisher at the time the contract is established, as well as the absence of copyright if the work is protected.

If all or part of the work is left to another publisher to be published or published under the knowledge of the publisher, the publisher must notify the other party before the publishing contract is made.

Publisher's right of disposal

Madde 490 – The publisher cannot dispose of the whole or a part of the work, to the detriment of the publisher, unless the period agreed in the contract expires or, if the time has not been determined, the customary time has passed for the agreed number of editions to expire.

Short articles in periodicals may be published elsewhere at any time by the publisher.

The publisher cannot re-publish the chapters of a collection or his long articles published in magazines until three months have passed since the end of publication.

Determination of the number of prints and the number of prints

Madde 491 - If the number of prints is not specified in the contract, the publisher has the right to make only one edition.

The parties are obliged to decide the duration of the contract or the number of prints.

In cases where the publisher is authorized in the contract to make a few editions or all new editions, if the publisher neglects to make a new edition while the number of copies of the work has been exhausted, the publisher gives a suitable period for the new edition. If the publisher does not print within the given time; the publisher can cancel the contract.

Replication and distribution

Madde 492 - The publisher is obliged to reproduce the work properly without making any abbreviations, additions or changes; In addition, it has to make the necessary promotion and distribution to increase sales and take all kinds of measures in this regard.

The publisher determines the sale price, provided that it is not difficult to sell the work.

Correction and improvement

Madde 493 – Provided that it does not harm the interests of the publisher and does not increase his responsibility, the owner of the work can correct and improve the work, and his successors can only update it. Even though this correction and improvement is required, the expenses not foreseen in the contract are borne by the publisher.

The publisher cannot publish and reproduce without giving the author the opportunity to improve his work and update his successors.

Published together and published separately

Madde 494 - The right of a work owner to publish more than one work separately does not authorize the publisher to print them together.

Likewise, the author's right to publish all or only one of them together does not give the publisher the right to print and publish each of them separately.

translation right

Madde 495 - The transfer of the right of translation to the publisher depends on the fact that this is clearly stated in the contract.

Right to charge

Determination of the price

Madde 496 – Unless otherwise agreed in the contract, the publisher may request payment of a price.

In cases where the price is to be paid, if the amount to be paid is not certain, the price is determined by the judge.

If the publisher has the right to print more than once, the agreed price and other conditions for the first edition will be deemed to be applicable for subsequent editions.

Time to pay the price, sales accounts and the right to receive freebies

Madde 497 – If the work is to be published as a whole, the total price; If it will be published in sections such as volume, fascicle, form, it is paid after each section is printed and made ready for sale.

If the parties have tied the price to the sales amount, the publisher is obliged to keep the sales accounts, to issue them and to prepare the proofs that are customary.

Unless otherwise agreed, the publisher has the right to receive a free bonus from the work, in accordance with the customary.

D) Termination

The disappearance of the work

Madde 498 – Even if the work is destroyed as a result of an unexpected situation after delivery to the publisher, the publisher is obliged to pay the price.

If there is another copy of the work, the author must give it to the publisher; Although there is no other example, if it can be reproduced with little effort, the owner of the work is obliged to produce it and deliver it. The author may request an appropriate response in both cases.

The disappearance of the printed

Madde 499 - If all or part of the completed number of prints of the work disappears as a result of an unexpected situation before being put up for sale, the publisher may reprint the disappeared amount at his own expense, without paying a separate fee to the publisher.

The publisher is obliged to do this if he can replace the ones that disappear without excessive costs.

Termination for personal reasons

Madde 500 – If the owner of the work dies or loses the ability to complete the work before completing it, or if it becomes impossible to complete the work without his own fault, the contract will automatically terminate. However, if the fulfillment of all or part of the contract is found possible and fair, the judge may decide to continue the contractual relationship and make the necessary changes.

If the publisher goes bankrupt, the publisher may give the work to another publisher; however, if it is assured that the debt, which has not yet been due, will be fulfilled at the time of bankruptcy, the publisher cannot issue the work to another publisher.

E) Publishing contract on order

Madde 501 – If one or more people undertake to produce a work according to the plan determined by the publisher, they are entitled only to the contractually agreed price.

In this case, the financial rights subject to the contract belong to the publisher.

CHAPTER NINE: Attorney Relationships
FIRST DISCRIMINATION: Attorney Agreement
A) Definition

Madde 502 – A contract of attorney is a contract in which the attorney undertakes to see or perform a job of the attorney.

Proxy provisions apply to employment contracts not regulated in this Law, to the extent they comply with their qualifications.

If there is a contract or custom, the attorney is entitled to a fee.

B) Establishment

Madde 503 – If the person offered to do a job has an official capacity to do this job or if the job is required by his profession or if he announces that he will accept such jobs, the contract of attorney is deemed to have been established unless this proposal is immediately rejected by him.

C) Provisions

Scope of power of attorney

Madde 504 - If the scope of the power of attorney is not clearly indicated in the contract, it is determined according to the nature of the work to be performed.

The attorney also includes the authority to carry out the necessary legal procedures to perform the work performed by the attorney.

The attorney cannot file a lawsuit, be a magistrate, apply to the referee, request bankruptcy, postpone bankruptcy and concordat, make a foreign exchange commitment, donate, vouch, transfer the property or limit it to a right unless it is specifically authorized.

Debts of the attorney

Performance in accordance with the instruction

Madde 505 – The attorney is obliged to comply with the express instructions of the attorney. However, when it is not possible to get permission from the power of attorney, and in cases where it is clear that he would have given permission if he had known about the situation, the attorney may depart from the instruction.

In cases other than this, if the attorney leaves the order, he / she does not fulfill his / her debt debt, even if he / she has done the work unless he / she has covered the damage.

Personal performance, loyalty and care

generally

Madde 506 – The attorney is obliged to personally fulfill the power of attorney debt. However, in cases where the attorney is authorized or the situation is compulsory or customary makes it possible, the attorney may have someone else do the work.

The attorney is obliged to carry out the works and services undertaken by taking care of the rightful interests of the attorney and with loyalty and care.

In determining the responsibility of the proxy arising from the debt of care, the behavior required by a prudent proxy who undertakes work and services in a similar area is based on.

In case the work is done by a third party

Madde 507 – When the attorney goes beyond his authority and makes someone else see the job, he is responsible for his act as if he had done it himself.

If the attorney is authorized to give attorney to someone else, he is only obliged to show the necessary care in choosing and giving instructions.

In both cases, the attorney can claim the rights that the attorney has against the person he / she has put in place directly against that person.

giving an account

Madde 508 – The attorney is obliged to give an account of the work carried out at the request of the attorney and to give the attorney what he has received in relation to the attorney.

The attorney is obliged to pay the interest of the money, which is delayed in delivery to the attorney.

Transfer of acquired rights to the power of attorney

Madde 509 - The receivables of the attorney in third parties arising from the works he / she performs on his / her own behalf and on the account of the proxy shall automatically pass to the person who gives the power of attorney when he / she performs all his / her debts against the attorney.

In the event of the bankruptcy of the attorney, the attorney may also claim that this receivable has passed to him against the bankruptcy desk.

The attorney may request that the movable property that the attorney acquired on behalf of the attorney and the account of the attorney be transferred to him by leaving the bankruptcy desk. The bankruptcy table also benefits from the deputy's right to prison terms.

Obligations of the power of attorney

Madde 510 – The power of attorney is obliged to pay the expenses and advances made by the attorney for the proper performance of the power of attorney, together with interest, and to recover him from the debts he has undertaken.

The attorney may request from the attorney to eliminate the damage caused by the attorney's performance. However, the attorney can get rid of this responsibility by proving that he has no defect.

Responsibility of co-agents and co-agents

Madde 511 - Those who give power of attorney to a person together are jointly responsible to the attorney.

Those who take the power of attorney together are responsible for the performance of the power of attorney and can only put the power of attorney under debt only with their actions and transactions together, unless they have the right to transfer their powers to others.

D) Termination

Causes

One-sided termination

Madde 512 – The power of attorney and the attorney can always terminate the contract unilaterally. However, the party who terminates the contract at an inopportune time is obliged to compensate the other for the damage caused by this.

Death, loss of license and bankruptcy

Madde 513 – Unless the contract or the nature of the business agrees otherwise, the contract terminates automatically with the death, loss of competence or bankruptcy of the attorney or attorney. If one of the parties is a legal entity, this provision shall also apply to the termination of this legal entity.

If the termination of the power of attorney endangers the interests of the power of attorney, the power of attorney or his heir or his representative is obliged to continue his power of attorney until he can see the work on his own.

Rulings

Madde 514 – The attorney or his heirs are responsible for the works done by the attorney before learning that the contract has ended, as if the contract is continuing.

SECOND DISCRIMINATION: Letter of Credit and Order of Credit
A) Letter of credit

Madde 515 – A letter of credit is the document that contains the power of attorney of the sender to give the amount of money and similar things that he will request to a certain person who will benefit from the letter of credit, with or without determining an upper limit to the sender. The letter of credit is subject to the terms of the power of attorney and remittance.

If the person who will benefit from the letter in the letter of credit given without determining the upper limit, makes an excessive request that is not explicitly related to the relationship between those concerned, the letter must be sent to the sender, and postpone the payment until the reply is received.

The power of attorney issued with a letter of credit is only valid if it is accepted by the shipper for a certain amount.

B) Credit order

Definition and form

Madde 516 - If a person has received and accepted an order to extend or renew a loan to a third party under the responsibility of the loan orderer on his behalf and account, unless the loan order exceeds the power of attorney, the orderer shall be liable for the loan debt as a guarantor. However, the orderer will not be responsible unless the loan order is in writing.

Incompetence of the beneficiary of the loan order

Madde 517 - The person who gives the loan order cannot escape from the liability of the loan order by alleging the incompetence of the person who takes advantage of the loan order.

Preliminary giving of credit order

Madde 518 – If the credit order is given to the beneficiary of the credit order or neglects to apply to the beneficiary of the credit order despite being instructed, the credit order giver is relieved of responsibility.

Relationship between the parties

Madde 519 – Provisions regulating the relationship between the guarantor and the principal debtor are applied to the relationship between the lender and the beneficiary of the loan order.

THIRD DISCRIMINATION: The Brokerage Agreement
A) Definition and form

Madde 520 – A brokerage contract is a contract in which the broker undertakes to prepare or mediate the possibility of establishing a contract between the parties and is entitled to a fee if this contract is concluded.

As a rule, the provisions regarding the proxy are applied to the brokerage contract.

The brokerage agreement on the immovable property will not be valid unless it is made in writing.

B) Fee

time to deserve

Madde 521 – The broker is entitled to a fee only if a contract is concluded as a result of his activity.

If the contract established as a result of the broker's activity is bound to the retarding condition, the fee is paid if the condition is fulfilled.

If it is determined in the brokerage contract, the expenses of the broker will be paid to him, even if the broker's activity did not result in the establishment of the contract, his expenses are paid.

Determination of the fee

Madde 522 - The fee is paid according to the tariff if not determined, and if there is no tariff, according to custom.

Broker's loss of rights

Madde 523 – If the broker acts in the interest of the other party by acting contrary to the debt he has undertaken, or if he receives a wage promise from the other party in violation of the rules of good faith, he loses his rights regarding the wage and the expenses he incurred.

marriage brokerage

Madde 524 – No lawsuit can be filed and no follow-up can be made about the fee arising from the marriage brokerage.

Discount from the fee

Madde 525 – If an excessive fee is agreed in the contract, this fee can be reduced in an equitable manner by the judge upon the request of the debtor.

CHAPTER TEN: Employment without Proxy
A) Rights and obligations of the employee

Seeing the job

Madde 526 – A person who works on behalf of another person without a power of attorney is obliged to see that work in accordance with the interests and assumed will of the owner.

Responsibility

Madde 527 – The employee without a power of attorney is responsible for all his negligence. However, if the employee has done this job in order to eliminate the damage or the danger of harm faced by the employer, his responsibility is considered lighter.

The employee is also responsible for the unexpected situation if the owner has done this work despite the explicitly or implicitly prohibited it, and the ban of the owner is not against the law or morality. However, even if the employee proves that the damage will occur as a result of the unexpected situation, even if he did not do that job, he is discharged of responsibility.

Employee's incompetence

Madde 528 - If the employee does not have the capacity to contract, he / she will be responsible for the transaction he / she has made only to the extent that he / she gets rich or with the amount of enrichment he / she releases without good will.

More comprehensive responsibility arising from unfair acts is reserved.

B) Rights and obligations of the employer

If the work is done for the benefit of the employer

Madde 529 – In case the work is done for his own benefit, the employer is obliged to pay with interest all the expenses that are deemed necessary and beneficial according to the situation, to perform the actions he has undertaken due to the work he has done, and to compensate for the damage to be determined by the judge. This provision is also applied to the employee who has shown the necessary care while doing the job, even if the expected result has not been realized.

If the employee does not get the expenses he has made, he has the right to separate and receive according to the provisions of enrichment without reason.

If the work is done for the benefit of the employee

Madde 530 – The employer has the right to receive benefits arising from employment, even if they are not made for his own benefit; however, to the extent that he becomes rich, he is obliged to pay the expenses of the employee and to save him from the debts he has undertaken.

If the job is deemed appropriate by the employer

Madde 531 – If the employer finds the work appropriate, the provisions of the power of attorney are applied.

CHAPTER ELEVEN: Commission Agreement
A) Buying or selling brokerage

Description

Madde 532 – A purchase or sale brokerage is a contract in which the broker undertakes the purchase or sale of valuable papers and movables in return for a fee, on his behalf and for the account of the person giving the power of attorney.

Without prejudice to the provisions in this section, proxy terms are applied to the commission contracts.

Broker's debts

Notification and insurance debt

Madde 533 – The broker is obliged to inform the power of attorney about his work and to notify him immediately that his instruction has been fulfilled.

The broker is not obliged to insure what constitutes the subject of the contract, unless the attorney's order is instructed.

debt of care

Madde 534 – If the goods sent to him for sale are clearly defective, the broker is obliged to do what is necessary to protect the rights of the attorney against the carrier, to have the damage determined, to protect the goods as much as possible and to inform the attorney immediately; otherwise, he will be liable for any damage caused by his negligence.

If the item sent for sale may be damaged in a short time, the broker is obliged to sell the item provided that the attorney informs the proxy immediately.

The fee determined by the power of attorney

Madde 535 – The broker, who sells goods below the price determined by the proxy, is obliged to make up for the difference between the determined price and the sales price, unless he proves that the attorney would suffer more damage if he did not sell the goods and the situation is not suitable for re-ordering. Apart from this, the broker, if he has a fault, is also responsible for other losses incurred by the attorney due to his violation of his instructions.

The broker who buys or sells goods below the price determined by the proxy, cannot prevent the difference arising from these transactions.

Selling on credit and paying without taking delivery

Madde 536 – If the broker sells the goods on credit without the consent of the power of attorney or pays the price without taking delivery of the goods, he has to bear the resulting loss. However, unless the power of attorney prohibits, he may sell the goods on credit according to the commercial practice at the place of sale.

Broker's guarantee

Madde 537 – Except for the sale of goods on credit without his authorization, the broker shall not be liable for the non-payment or non-performance of the debtors with whom he is dealing. However, the broker is liable if it has given an express guarantee or if it is required by the commercial practice in its location.

The broker providing the guarantee has the right to charge a fee for this.

Broker's rights

Money paid and expenses incurred

Madde 538 – The broker may request all expenses and money paid for the benefit of the power of attorney, together with interest.

Although the broker can transfer the warehouse and transportation costs to the proxy's account, he cannot pass the wages of his own employees.

The commission fee is

right to request

Madde 539 – The broker may request the payment of his fee when he performs the work assigned to him, or if the work is not done due to a reason that can be attributed to the power of attorney.

The broker may only ask for the return of his labor to be determined according to the local custom if the work cannot be done for other reasons.

loss

Madde 540 – The broker acts against the power of attorney against the rules of honesty, especially if he informs him of more than what he bought or less than what he sold, he loses his right to receive a fee.

In case the price is shown different from the actual price, the proxy gives the right to count the broker as the buyer or the seller of the sold over the actual price.

The right to prison

Madde 541 - The broker has the right to imprisonment for the price of the goods he sells and the goods he buys.

Selling the property by auction

Madde 542 – In the event that the goods given to the broker cannot be sold or the sale order is withdrawn, if the proxy gives excessive delay in retrieving the goods or taking any other action regarding that good, the broker may sell the goods by auction by taking the decision of the court of the place where he is located. However, if the goods are listed on the stock exchange or have a market price, or if the value is low compared to the cost to be incurred, the judge may also decide to make the sale in another way.

If the attorney or the representative is not present at the location of the property, the sales decision can be made without resting the attorney.

Except when the property is rapidly depreciating, the place and time of the increase must be notified by the court to the attorney.

Dealing with the broker himself

Price and fee

Madde 543 – The broker, who is authorized to sell or buy bills of exchange or other valuable papers or commercial goods registered in the stock exchange or having a market price, may sell his own goods instead of the goods to be purchased or buy the goods to be sold for himself, unless otherwise instructed by the proxy. In these cases, the values ​​at the time the broker trades with him are taken as a basis; The broker has the right to demand the usual fees and expenses in commission works, even in these cases.

The broker must notify the attorney of the same day that such a transaction has been carried out.

In other cases, sales provisions apply.

Do not be deemed to have made the transaction with himself

Madde 544 – In cases where the broker can be a buyer or seller directly, if he notifies the proxy that the power of attorney has been fulfilled without showing the other side of the contract, he is deemed to have made the transaction himself.

Loss of the right to do the transaction with himself

Madde 545 – As soon as the news that the power of attorney has taken back the power of attorney reaches the broker, the right of the broker to carry out the transaction with himself is lost. However, this provision does not apply if the broker has sent notification of the transaction before this news reaches him.

B) Other commission work

Madde 546 – The commission works regarding the movables to be manufactured with the material to be given by the employer, are in the form of a purchase and sale brokerage, even if they are not something like the goods.

The provisions of this section are also applied to the trader who does not count as a brokerage and buying brokerage, the broker who undertakes the commerce and commission of the commission, and the trader, who undertakes the commission works on his behalf and on behalf of the attorney's account.

Special provisions on the transport brokerage are reserved.

SECTION TWO: Commercial Representatives, Commercial Attorneys and Other Assistant Merchants
A) Commercial representative

Definition and authorization

Madde 547 – The commercial representative is the person to whom the owner of the business has explicitly or implicitly authorized to manage the commercial enterprise and to represent himself with the commercial representation authority under the trade name in the transactions related to the business.

The owner of the business must register with the trade registry that he / she has been given commercial representation; however, the responsibility of the business owner for the acts of the commercial representative does not depend on the registration.

Scope of representation

Madde 548 - The commercial representative is deemed authorized to make a foreign exchange commitment on behalf of the business owner against bona fide third parties and to carry out all kinds of transactions that fall within the purpose of the business.

The commercial representative cannot transfer or restrict the immovable to a right, unless expressly authorized.

Limitation of representation power

Madde 549 – Representation authority may be limited to the business of a branch.

Representation authority may also be limited provided that more than one person sign together. In this case, the signing of one of the representatives without the participation of others does not bind the owner of the business.

The above restrictions on representation authority do not impose goodwill third parties, unless they are registered in the trade registry.

Other restrictions on representation powers cannot be raised against benevolent third parties, even if they are registered.

Termination of representation

Madde 550 - Even if it is not registered with the trade registry where the authority to represent is given, it is registered as terminated.

Unless it is registered and announced in the trade registry where the representation authority has expired, this authority remains valid for the good third parties.

Commercial proxy

Madde 551 – A commercial agent is a person authorized by a business owner to manage his business or to carry out some business of his business, without giving him or her the authority to be a business representative.

This authorization covers all customary operations of the business. However, unless the commercial agent is explicitly authorized, he cannot borrow money or the like, make a foreign exchange commitment, file a lawsuit and follow a filed suit.

C) Other merchant assistants

Madde 552 Officers or servants of commercial enterprises dealing with wholesale, semi-wholesale or retail sales are authorized to perform the following transactions within that commercial enterprise, in a place where customers can easily see them and in a way that they can easily read, unless otherwise announced in writing:

1. To make all the usual sales transactions of the commercial enterprise.

2. To sign the invoices about the transactions they are authorized.

3. To make warnings or other explanations on behalf of the owner of the execution of the debts arising from the usual transactions of the business enterprise or not to perform them at all or as required; Accepting warnings or other explanations of this nature, especially the defective notifications regarding the goods delivered due to customary transactions, on behalf of the commercial enterprise.

Officers or servants of commercial enterprises dealing with wholesale, semi-wholesale or retail sales cannot request and receive sales costs within the business, unless they have been authorized by text, outside the business and cashiers. These persons are also authorized to close the invoices or to issue a receipt when they are authorized to receive the sales prices.

D) Prohibition of competition

Madde 553 – Commercial representatives, commercial proxies or other merchant assistants who manage all the affairs of an enterprise or are at the service of the owner of the business cannot directly or indirectly, without the consent of the owner of the business, do a business of the kind performed by the business on their own or a third party's behalf, They cannot have such transactions made by third parties.

If they act contrary to this, the owner of the business may want to eliminate the damage he suffered, provided that the rights arising from the legal relationship between them are reserved, instead, the work done by the commercial representative, commercial agent or other merchant assistant for his own account or the work done by third parties is taken into account, may request the payment of the fee or the transfer of the receivable from the same works.

E) Termination of the powers of commercial representatives, commercial agents and other merchant assistants

Madde 554 – The owner of the business may at any time withdraw the powers of commercial representatives, commercial proxies and other merchant assistants, without prejudice to the rights arising from the service, power of attorney, partnership and similar agreements between them.

The loss or death of the business owner does not terminate the authority of commercial representatives, commercial agents and other merchant assistants.

SECTION THIRD: Transfer
A) Definition

Madde 555 - The remittance payer for the remittance's own account, in order to give the money, valuable papers or other similar goods to the remittance recipient; It is a legal transaction that authorizes the remittance recipient to accept them on their behalf.

B) Provisions

The relationship between the referrer and the remittance recipient

Madde 556 – If the remittance is made for the purpose of fulfilling the remittance's debt to the remittance recipient, this debt ends only when the remittance payer fulfills the debt.

If the remittance buyer who has accepted the transfer could not obtain his receivable within the time determined in the transfer by applying to the remittance payer, he may claim this receivable again against the remittant.

If the creditor remittance does not want to accept the transfer, he / she must inform the debtor remittee without delay; If it does not report, it will be liable to fix the damage arising from this.

Remittance payer's debt

Madde 557 - If the remittance payer notifies the recipient of the remittance without stating any reservation, it is obliged to perform and can only put forward the defenses arising from the relationship between them or the content of the transfer; it cannot put forward defenses arising from the relationship between the referrer and himself.

If the remittance payer owes the remittance to the remittance, if the execution of the debt to the remittance does not impose any more burden on the remittance than the remittance he will make, the remittance is liable to the remittance. In this case, the remittance payer does not need to explain to the remittance that he accepted the transfer before the transfer, unless otherwise agreed with the remittance.

Notification in case of non-performance

Madde 558 – If the remittance payer refrains from performing or declares in advance that he will not perform the remittance, despite the remittance's request, the remittance recipient is obliged to notify the remittance without delay; If he does not notify, he will be responsible for the loss suffered by the transferor.

C) rollback

Madde 559 – The transferor can always withdraw the authorization given to the transferee. However, the remittance cannot withdraw the authority given for the benefit of the recipient, especially for the purpose of obtaining his receivables.

If the remittance payer does not declare to the remittance that he / she accepts the transfer, the remittant may revoke the authorization given to him.

In the event of the banker's bankruptcy, the transfer that has not yet been accepted ends automatically.

D) Remittance on valuable documents

Madde 560 – The provisions of this section shall apply to the written transfers made for the purpose of paying the debt tied to negotiable instruments. In this case, each bearer is considered a remittance recipient against the remittance payer. On the other hand, the rights specific to the relationship between the remittance and the remittance receiver arise only between the receivable transferor and the transferee.

Special provisions on checks and policy-like transfers are reserved.

CHAPTER FOURTH: Custody Agreements
A) General custody agreement

Description

Madde 561 - The custody contract is the contract under which the custodian undertakes to keep a movable left by the custodian under protection in a safe place.

If it is clearly anticipated or requires circumstances and conditions, the custodian may charge a fee.

debts of the depositor

Madde 562 - The depositor is obliged to pay all expenses required by the execution of the contract.

Unless the custodian proves that he is not due to his own fault, he is obliged to eliminate the custodial damage of the custodian.

Debtor's debts

Prohibition of use

Madde 563 – The custodian cannot use the custodian without the permission of the custodian.

If he acts against this prohibition, he is responsible for paying an appropriate usage fee to the custodian, and is responsible for any unexpected damages, even if he did not prove that the damage would have occurred even if he had not used it.

Give back

generally

Madde 564 – Even if a period of time is specified in the retention contract, the custodian is obliged to return the stored item with all its reproductions, upon the request of the custodian at any time. However, the custodian is obliged to pay the expenses incurred by the custodian taking into account the determined period.

Exceptions

Madde 565 – The custodian cannot return the stashed before the expiry of the specified period. However, if the continuation of the contract is dangerous or harmful to the custodian due to unforeseen circumstances, the custodian may return it before the expiry of the specified period.

If the time has not been determined, the keeper can always return the stored.

If more than one person gives something for hiding, unless the contrary contradicts the agreement or consents all of them, the hiding cannot be relieved from returning the hiding to one of them.

place of return

Madde 566 - The stored is returned to the place where it needs to be protected, at the expense and damage of the keeper.

Responsibility of the custodians

Madde 567 – Those who buy something to keep something together are jointly liable.

Claims of third parties

Madde 568 – Even if a third party claims real rights on the custodian, the custodian is obliged to return it to the custodian, unless the custodian is seized or a lawsuit is filed against the custodian.

If foreclosure is made or a lawsuit is filed, the person who hides must immediately notify the person of the situation.

Don't leave it to a trusted person

Madde 569 – If more than one person, in order to protect their rights, leave the disputed or uncertain legal situation to a trusted person, this person cannot give it back to any of them unless there is the consent of all the custodians or the decision of the judge.

B) Hiding like things

Madde 570 - If it has been decided explicitly or implicitly for the depositor to return the money left to him without having to return it exactly, the benefit and damage of that money shall belong to him.

The fact that the money is left unsealed and open is considered an implicit agreement.

Unless explicitly authorized by the custodian of the custodian, he cannot save money on other stored items or valuable documents.

C) Don't leave it to the warehouse

Presentment

Madde 571 – The warehouse keeper, who openly declares to the public that he accepts commercial goods for storage, may request from the competent authority to allow issuance of a promissory note representing the stored goods.

Storage debt of the warehouse keeper

Madde 572 – The warehouse keeper is obliged to carefully store the goods left to him, like a broker, and to notify the custodian, as far as possible, if there is a change in the goods that requires additional precautions.

The warehouse worker, at the usual work times, to examine the condition of the goods and take samples; he must always give permission to take the necessary protection measures.

Mixed things up

Madde 573 – Unless clearly authorized, the warehouse keeper cannot mix similar things of the same type and nature.

Each of the custodians may request a proportionate share of this right on such things confused based on authority.

In this case, the warehouse keeper can allocate the share of each of the custodians without the presence of the custodians together.

Storekeeper's rights

Madde 574 - The warehouse manager may demand the agreed or customary storage fee and all expenses such as maintenance, transportation and customs that do not arise from storage.

These expenses are immediately; The storage fee is paid every three months and in any case during the withdrawal of all or part of the goods.

As long as the warehouse owner has possession of the goods or has the authority to save on them through any promissory note representing the goods, he has the right to imprisonment on these goods.

Return of goods

Madde 575 – The warehouse keeper is obliged to return the commercial goods as in the general storage contract. However, even in cases where the custodian has the authority to return it before the deadline, for reasons that cannot be foreseen in the contract, the warehousing must protect the goods until the end of the agreed period.

D) Leaving accommodation, garage, car park and similar places to operators

Responsibility of accommodation operators

Terms and scope

Madde 576 – The operators of places such as hotels, motels, pensions, holiday villages are responsible for the destruction, damage or theft of the goods brought by the guests. However, the operators are relieved of this responsibility by proving that the damage is caused by the fault, force majeure or the quality of the goods that may be imposed on the person who stays or visits him or who is with him or in his service.

This responsibility cannot exceed three times the daily accommodation fee for each person, unless a fault is imposed on the operator or employee.

valuables

Madde 577 - If the valuables or a considerable amount of money or valuable documents are not left to the operator for storage, the operator is liable only in case of fault of himself or his employees.

The operator is responsible for the full value of the item if he or she has bought them for storage or refrained from receiving them.

The rule of responsibility for his belongings is applied to the property, money and similar things that the host has to keep with him.

Release of responsibility

Madde 578 – If the resident does not notify the operator as soon as he/she learns about his/her loss, he/she loses his/her right to claim.

Even if the operator declares in any way that he has not assumed such responsibility or stipulates the responsibility to a condition not shown in this Law, he cannot be relieved of responsibility.

Responsibility of operators of garages, parking lots and similar places

Madde 579 – Operators of garages, parking lots and similar places are responsible for the destruction, damage or theft of animals, horse carriages, their harnesses and similar goods, and motor vehicles and attachments left to them or accepted by their employees. However, the operators are relieved of this responsibility by proving that the damage is caused by the defect, force majeure or the quality of the goods that may be imposed on the keeper or the visitor or the person who is with him or in his service.

However, the responsibility of those who operate garages, car parks and similar places cannot exceed ten times the daily retention fee charged for each of those who are stored, unless a fault is imposed on them or their employees.

Even if the operator declares in any way that he has not assumed such responsibility or stipulates the responsibility to a condition not shown in this Law, he cannot be relieved of responsibility.

The right to prison

Madde 580 - Operators have the right to imprisonment on the goods or animals left to them or placed in their accommodation, garage, parking lot and similar places to secure their wages or receivables arising from storage expenses.

The provisions on the tenant's right to imprisonment also apply here by comparison.

CHAPTER FIFTEEN: Surety Contract
A) Definition

Madde 581 - Surety agreement is a contract in which the surety is personally responsible for the consequences of the debtor's failure to fulfill his debt to the creditor.

B) Conditions

principal debt

Madde 582 – A surety agreement can be made for an existing and valid debt. However, a surety contract can be established for a future or contingent debt, in order to become effective when this debt arises or when the condition is fulfilled.

The person who gives personal assurance for a debt for which the debtor is not responsible due to error or incompetence, is responsible in accordance with the provisions of the law on bail, if he knows the deficiency of the contractor when he is under obligation. The same rule applies to the person who is a guarantor of a debt that has expired in terms of the debtor.

The guarantor cannot waive any rights granted to him in this section unless otherwise understood by law.

Figure

Madde 583 - The surety agreement is not valid unless it is made in writing and the maximum amount for which the surety will be liable and the bail date are specified. The surety must indicate in the surety contract in his own handwriting that the surety is responsible for the maximum amount, the date of surety and, in the case of being a joint surety, that he is under obligation in this capacity or any expression that means this.

It also depends on the same formal conditions that a special authority to be a guarantor on its own behalf and a promise to be a guarantor to the other party or a third party. Parties may decide to limit the liability of the guarantor to a certain amount of debt by following the written form.

Subsequent changes in the surety contract, which increase the liability of the surety, do not constitute a provision unless the form foreseen for the surety is followed.

consent of the spouse

Madde 584 - Unless one of the spouses has a separation decision made by the court or has the right to live legally apart, he can only be a guarantor with the written consent of the other; This consent must be given before the conclusion of the contract or at the latest at the time of its conclusion.

The consent of the spouse is not required for any subsequent changes to the surety contract, which does not increase the amount to which the surety will be responsible or that the ordinary surety turns into a surety or the guarantees for the surety benefit decrease significantly.

Bails to be given by the owner of the commercial enterprise registered in the trade registry or the partner or manager of the commercial company in relation to the enterprise or company, the guarantees to be given by the tradesmen or craftsmen registered in the tradesmen and craftsmen registry in relation to their professional activities, Public Capital No. 27 dated 12/2006/5570. The consent of the spouse is not required for the suretyships to be given in the loans to be used within the scope of the Law on the Use of Interest Supported Credits Executed by the Banks, and the guarantees to be given in the loans to be made available to the cooperative partners by agricultural credit, agricultural sales and credit and surety cooperatives of tradesmen and craftsmen and public institutions and organizations.

C) Content

By types

ordinary bail

Madde 585 – In ordinary suretyship, the creditor cannot follow the surety unless he applies to the debtor; however, it can apply directly to the guarantor in the following cases:

1. As a result of the follow-up against the Borrower, obtaining a definite power of incapacity.

2. against the borrower becomes impossible or significantly more difficult to be prosecuted in Turkey.

3. Deciding on the bankruptcy of the borrower.

4. Concordat will be given to the borrower.

If the creditor is also secured with a pledge before or during the bail, the surety in the ordinary bail may request that the receivable be taken from the pledge issue first. However, if the debtor is decided to go bankrupt or to give him a concordat, this provision does not apply.

If only be a guarantor for the shortage, the borrower against the structures which result in the adoption of definitive incapable document of the proceedings or the debtor against becoming proceedings impossible or concordat the finalization of cases of in Turkey, be referred directly to vouch for the truth. In the contract, it can be concluded that in these cases, the creditor must first apply to the original debtor.

Joint surety

Madde 586 – If the guarantor has accepted to undertake an obligation as a joint guarantor or with any expression that has this meaning, the creditor may follow the guarantor without following the debtor or converting the immovable pledge into money. However, for this to happen, the debtor must be delayed in performance and the warning must be ineffective or clearly insolvent.

If the receivable is secured by the movable pledge or receivable pledge due to delivery, it cannot be applied to the guarantor before the pledge is converted into money. However, in the event that the judge determines that the receivable cannot be fully covered by converting the pledge into money, or if the debtor is bankrupt or is given a concordat, the guarantor may be applied before the pledge is converted into money.

bail together

Madde 587 – If more than one person is a guarantor for the same debt together, each of them will be liable as the ordinary guarantor for his own share and as the guarantor for the others' share.

Each of the guarantors who are under the obligation as a guarantor together with the borrower or among themselves shall be responsible for the entire debt. However, a guarantor, before or at the same time with him and severally liable located in Turkey, unless they have undertaken to follow against all surety that can be followed, you can avoid paying more than their share. A guarantor may also exercise this right if other guarantors have paid their shares or provided in-kind security. On the contrary, the guarantor who pays the debt has the right to recourse to other guarantors, as long as they have not paid their share before. This right can also be exercised before the recourse to the borrower.

If the creditor knows or needs to know that the guarantor is assuming that other persons are also guarantors or will be guarantors for the same receivable, this assumption does not occur afterwards, or if one of the guarantors is ruled out by the creditor from the surety debt or the bail is decided to be null.

Independently of each other, those who are guarantors for the same debt are responsible for the whole of the surety debt. However, unlike the guarantor who pays the debt, he has the right to recourse to others in proportion to his share in the total amount of surety.

guarantor and recourse guarantor

Madde 588 - The surety, the surety, who guarantees the creditor for the debt of the surety is responsible together with the surety, as an ordinary surety.

The guarantor is the guarantor, since the guarantor will receive the recourse from the debtor.

Common provisions

The relationship between the surety and the creditor

Scope of liability

Madde 589 – The surety is liable in any case up to the maximum amount specified in the surety agreement.

Unless otherwise agreed in the contract, the guarantor is responsible for the following, limited to the maximum amount indicated:

1. Legal consequences of the original debt and the debtor's defect or default.

2. The costs incurred by the creditor of the follow-up and lawsuits against the debtor and the transfer of the pledge to the guarantor and the pledge rights, when necessary, provided that the guarantor notifies them at a suitable time before they can prevent them from paying the debt.

3. Contractual interest rates for the year and the year in operation and the interest of the principal, which is borrowed in return for bonds, if necessary.

If it is not explicitly agreed in the contract, the guarantor is only responsible for the debts of the debtor after the establishment of the guarantee contract.

Agreements regarding the guarantor will be responsible for the damage and penalty caused by the actual debt relationship becoming null and void.

Follow-up of the guarantor

Madde 590 - Even if the actual debt is due before due to the bankruptcy of the debtor, no prosecution can be made against the guarantor before the specified term.

In all types of surety, the surety may ask the judge to discontinue the proceedings against him, in return for the same assurance, until the current pledges are converted into money and the final insolvency certificate is obtained as a result of the follow-up against the debtor or the concordat decision.

If the actual debt is due to the creditor's or debtor's prior notification, this period begins on the date of notification for the surety debt.

Settlement to pay the debt owed in a foreign country, for reasons such as prohibitions on foreign exchange transactions or money, it has become impossible should the legal regulations of the foreign country or is restricted, vouched for the settlement in Turkey, followed may appeal this reason.

Defies

Madde 591 – The surety has the right to assert against the creditor all the defenses belonging to the principal debtor or his heirs and which are not due to the principal debtor's inability to pay. The state of knowingly surety for a debt that the debtor is not liable due to mistake or incapacity to make a contract or a debt that has expired is excluded from this provision.

The guarantor may still claim this defect against the creditor, even if the original debtor has given up a defect that belongs to him.

If the guarantor pays without knowing the existence of defs belonging to the original debtor, he has the right of recourse. In contrast, if the original debtor proves that the guarantor knows or should know these defects, the guarantor loses his right of recourse to the extent that he would be saved without paying if they were put forward.

On a surety to a debt arising from gambling or betting, the guarantor may claim defects owned by the original debtor, even if he knows this nature of the debt.

Due diligence, delivery of pledges and debentures

Madde 592 – If the creditor reduces the pledge rights, security and pre-emptive rights that existed during the suretyship or later acquired as a special guarantee of the receivable from the main debtor, to the detriment of the surety, the liability of the surety is reduced by an appropriate amount, unless the creditor proves that the damage is less. The right of the guarantor to request the refund of the extra amount paid is reserved.

If the creditor in case of bail neglects the supervision he has on the employees or does not show the due care that is expected from him and if the debt was born due to this reason or increased to the extent that he could not reach this care, he cannot demand this debt or the increased part of the debt from the guarantor.

The creditor is obliged to deliver the debt securities that can be used by the guarantor who pays the debt and to provide the necessary information. The creditor is obliged to deliver the pledges and other assurances that existed during the surety or provided for the receivable by the original debtor to the surety or to take necessary actions for their transfer. The pledge and prison rights of the creditor due to other receivables are reserved to the extent that they come before the guarantor's rights.

If the creditor does not fulfill his obligations without a justified reason, if he dismisses the existing documents or pledges or other assurances to which he is responsible, he is freed from the guarantor debt. In this case, the guarantor may request that the payment be returned and if any, additional damage be eliminated.

Requesting acceptance of payment

Madde 593 – Even if it is due to the bankruptcy of the debtor, if the debt is due, the surety can always ask the creditor to accept the payment to be made. In the event that more than one person is the guarantor for a debt, the creditor is obliged to accept the partial payment to be made by one of the guarantors, provided that it is not less than the share of the guarantor who proposes it.

If the creditor refuses to accept the payment without a just cause, the guarantor gets rid of his debt; In the joint guarantee, together, the responsibility of the guarantors decreases by the amount of their share.

If the creditor has consent, the guarantor can pay the original debt before it is due. However, in this case, the guarantor cannot exercise his right of recourse against the original debtor before the debt is due.

Notification, registration in bankruptcy and concordat

Madde 594 - If the principal debtor is delayed for six months in the payment of the principal or interest for a half-year period or the principal payments foreseen to be made from year to year, the creditor must notify the surety. Upon request, the creditor must always inform the guarantor about the scope of the original debt.

If the original debtor has been decided to go bankrupt or the debtor has requested concordat, the creditor has to register his receivable and do whatever is necessary to protect his rights. As soon as the creditor finds out that the debtor has gone bankrupt or the concordat is given to the debtor, he must report the situation to the guarantor.

If the creditor does not fulfill one of the requirements stipulated in the above paragraphs, the guarantor loses his rights against him in terms of the amount of damage suffered.

The relationship between the surety and the debtor

The right to seek security and relief from debt

Madde 595 – The guarantor may request assurance from the original debtor and, if the debt is due, to be relieved of the debt in the following cases:

1. If the original debtor has violated his obligations to the guarantor, especially his promise to free himself from debt within a certain period of time.

2. If the principal debtor is in default or if the proceedings are considerably difficult due to transferring the settlement to another country.

3. If the actual debtor's financial situation deteriorates, the assurance depreciates or the debtor's fault, the current danger for the guarantor has increased significantly compared to the date of the surety.

The guarantor's right of recourse

Madde 596 - To the extent that the guarantor performs to the creditor, he becomes the successor to his rights. The guarantor can use these rights when the main debt becomes due.

The guarantor shall be a successor to the other guarantees provided for the same receivable as the pledge rights, unless otherwise agreed, only to those who were present at the time of the surety or those who were given by the original debtor in particular. The guarantor partially performing to the creditor becomes a successor only to the part of the right of pledge that meets this. The remaining creditor's right on the pledge of the creditor comes first from the pledge's right of pledge.

Claims and defects arising from the legal relationship between the guarantor and the original debtor are reserved.

If the pledge, which constitutes the security of a receivable, is converted into money or the debtor is paid by the pledger, the owner can use his right of recourse against the guarantor only if there is such an agreement between the guarantor and himself or if the pledge has been given by a third party.

The timeout regarding the recourse right of the guarantor starts to work as soon as the guarantor performs to the creditor.

The guarantor does not have a right of recourse against the original debtor if he pays for a debt that does not grant the right to file a lawsuit or does not bind the original debtor due to error or incompetence. However, if the guarantor has undertaken to be responsible for a debt that has expired, the principal debtor is liable to him in accordance with the terms of the proxy contract.

Notification burden of the guarantor

Madde 597 – The surety who pays the debt in whole or in part has to notify the situation to the debtor.

If the guarantor does not make this notification and the debtor, who does not know or need to know, pays the creditor, he will lose his right of recourse.

The guarantor reserves the right to sue the creditor from the unjust enrichment.

D) Termination

in accordance with the law

Madde 598 - Regardless of the reason, when the main debt expires, the surety is also freed from his debt.

If the debtor and the guarantor are combined in the same person, the special benefits arising from the surety for the creditor remain.

Any surety granted by a natural person will disappear by itself, after the establishment of the related contract, after ten years have passed.

Even if the bail has been issued for more than a decade, the surety can only be tracked until the ten-year period expires, unless it has been extended or a new bail has been issued.

The period of bail may be extended for a new period of maximum ten years, with the written explanation of the bail in accordance with the form of the bail contract, provided that it is made one year before the end of the bail.

bail out

Madde 599 - In case of a future debt surety, if the financial situation of the debtor before the birth of the debt has deteriorated significantly after the conclusion of the bail contract, or if the financial situation has been found to be much worse than the surety assumed in good faith during the bail, the surety creditor should always give a written notice to the creditor, unless the debt is born. can return from the contract.

The guarantor is obliged to eliminate the damage caused by the creditor's trust in the surety.

On term bail

Madde 600 – In time-limited suretyship, the surety is relieved of his debt at the end of the period.

On indefinite bail

Madde 601 – In the case of non-termed surety, when the principal debt becomes due, in ordinary surety always and in the cases stipulated by the law, in cases stipulated by the law, the creditor shall exercise his right of action and follow-up against the debtor within one month, if any, to follow up by converting the pledge into money, and to continue the follow-up without interruption. may request.

If the debt will be due as a result of the notification of the creditor to the debtor, the guarantor may ask the creditor to make this notification one year after the guarantee contract is established and to use the rights of follow-up and litigation in accordance with the provisions of the above paragraph.

If the creditor does not fulfill these requests of the guarantor, the guarantor gets rid of his debt.

Insures employees

Madde 602 - The surety may notify the employees that they terminate the contract every three years, effective at the end of the following year.

E) Application area

Madde 603 - The provisions regarding the form of surety, the capacity to be surety and the consent of the spouse are also applied to other contracts made by real persons under another name regarding the granting of personal assurance.

CHAPTER SIX: Gambling and Betting
A) Litigation and failure to follow up

Madde 604 - No action can be filed and no follow-up can be made for the receivables arising from gambling and betting.

The same provision is applied for deliberate advances and borrowed money for gambling or betting, as well as for future sales on the basis of the price difference of goods traded in the stock exchange, foreign currencies and negotiable instruments.

B) Issuing debt securities and willingly paying

Madde 605 – Even if the ordinary debt or bill of exchange signed by the gambler or bettor has been transferred to a third party, no one may sue or pursue on the basis of them. The rights provided by the negotiable documents to the bona fide third parties are reserved.

Voluntary payments for gambling and betting debt cannot be withdrawn. However, if the gambling or betting is duly prevented by the event or the act of the other party, or if the other party has involved in gambling or betting, the voluntary payment may be withdrawn.

C) Lottery and other games of chance

Madde 606 – Unless its arrangement is permitted by law or authorized authorities, no lawsuit can be filed and no follow-up can be made about the receivables arising from the lottery and other games of chance.

In cases where it is not permitted, provisions regarding gambling are also applied for lottery and other games of chance.

Held in foreign countries in accordance with their rules of lotteries and other games of chance, unless permitted by the authorities in Turkey, the sale of tickets belonging to them, benefit from legal protection.

CHAPTER SEVEN: Lifetime Revenues and Contracts to Look to Death
FIRST DISCRIMINATION: Lifetime Income Contract
A) Definition

Madde 607 – A lifetime income contract is a contract in which the income debtor undertakes to perform certain periodic acts for the income creditor, one of them or a third party throughout his life.

The contract is deemed to have been made for the life of the income creditor if there is no clear provision otherwise.

Income limited to the lifetime of the income debtor or a third party is transferred to the heirs of the income creditor, unless otherwise agreed.

B) Shape

Madde 608 - Lifetime income contract is not valid unless it is made in writing.

C) Rights of the income creditor

Using the right

Madde 609 - Unless otherwise agreed in the contract, lifetime income is paid every six months in advance.

Even if the person whose lifetime is tied to the life of the income before the projected period ends, all of the income for that period is deemed to have been borrowed by the income debtor.

If the income debtor goes bankrupt, the income creditor gets the right to register a bankroll in the bankruptcy desk, which corresponds to the principal that must be paid by the relevant social security institution in order to obtain the periodic income that the income debtor is obliged to obtain.

Transferability

Madde 610 - Unless otherwise agreed with the contract, the income creditor may transfer his rights to someone else.

SECOND DISCRIMINATION: The Convention to Look at the Dead
A) Definition

Madde 611 - The contract of care until death is the contract in which the care debtor undertakes to look after the care creditor until he dies, and the maintenance creditor undertakes the obligation to transfer a property or some assets to him.

If an inheritor has been appointed by the care debtor, the care creditor, the provisions of the inheritance contract apply to the caring contract until death.

B) Shape

Madde 612 – Even if the maintenance contract does not include the appointment of an heir, it is not valid unless it is made in the form of an inheritance contract.

If the contract has been made by a government-recognized care institution in accordance with the conditions set by the competent authorities, the written form is sufficient for its validity.

C) Assurance

Madde 613 – The maintenance creditor, who has transferred an immovable to the maintenance debtor, has the legal right of mortgage on this property, like the seller, in order to secure his rights.

D) Subject

Madde 614 - The care creditor joins the care borrower's family community with the establishment of the contract. The maintenance debtor is obliged to perform the actions required by fairness to the care creditor according to the value of the goods he has bought and the social status of the care creditor.

The care debtor has to provide the care creditor with proper food and housing, to take care of his illness and treat him.

The scope and performance of the care debt of the institutions established for the purpose of caring for the people they accept until death is determined by the general regulations prepared by them and passed by the competent authorities. These arrangements are counted from the content of the contract.

E) Cancellation and objection

Madde 615 – If the care creditor loses the opportunity to fulfill his obligation to the people to whom he is liable for alimony due to the maintenance contract until his death, those who are deprived of this can request the cancellation of the contract.

Instead of the cancellation of the contract, the judge may decide to pay alimony to those to whom the care creditor is obliged to be deducted from the actions to be performed by the care debtor.

Inheritors' right to criticize and creditors to cancel the case is reserved.

F) Termination

Termination by giving preliminary notice

Madde 616 – If there is a significant disproportion between the acts of the parties and the party receiving the surplus cannot prove that the donation was intended, the other party may terminate the contract at any time, provided that six months' notice is given. In the determination of this disproportion, the difference between the principal value corresponding to the value given to the care debtor by the relevant social security institution and the income to be tied is taken as basis.

The actions performed until the termination of the contract are evaluated together with the principal and interest, and the creditor is returned to the party who receives the result of the equalization.

Termination without notice

Madde 617 – If the continuation of the contract becomes unbearable due to the breach of the obligations arising from the contract or if other important reasons make the continuation of the contract impossible or extremely difficult, each party may terminate the contract without prior notice. If the contract is terminated for any of these reasons, the faulty party returns what it received and is obliged to pay the faultless party an appropriate compensation for the damage suffered as a result.

The judge may find the termination of the contract without prejudice, or with a willingness of one of the parties or by spontaneously terminating their living in the family community, they can attribute lifetime income to the care creditor.

Death of the care debtor

Madde 618 – If the maintenance debtor dies, the maintenance creditor may request the termination of the contract within one year. In this case, in case of bankruptcy of the care debtor, the care creditor may request from the heirs of the care debtor to be paid an amount equal to the amount he can request from the bankruptcy desk.

G) Claim in case of inalienability, bankruptcy and foreclosure

Madde 619 - Care creditor cannot transfer his right to another person.

In the event of the bankruptcy of the care debtor, the care creditor gets the right to register a bank receivable that is equal to the principal value that must be paid by the relevant social security institution in order to obtain the periodic income that the debtor is obliged to pay.

The care creditor may participate in the foreclosure carried out by the third parties against the debtor to cover this receivable.

CHAPTER Eighteen: Ordinary Partnership Agreement
A) Definition

Madde 620 – Ordinary partnership agreement is a contract in which two or more persons undertake to combine their labor and property to achieve a common purpose.

If a partnership does not have the distinctive qualities of partnerships regulated by law, ordinary partnership subject to the provisions of this section is considered.

B) Relationship between partners

Participation share

Madde 621 - Each partner is obliged to add a contribution to the partnership, be it money, receivables or any other good or labor.

Unless otherwise agreed in the contract, participation shares must have the importance and quality required by the purpose of the partnership and equal.

If the share of a partner consists of using something, in the lease agreement; If it is the property of something, the provisions regarding the damage in the sales contract, the responsibility for the defect and the restraint are applied by comparison.

gain and loss

Sharing the profit

Madde 622 – The partners are obliged to share among themselves all the profits that belong to the partnership due to its nature.

Participation in profit and loss

Madde 623 – Unless otherwise agreed in the contract, each partner's share of gains and losses is equal regardless of the value and nature of the contribution.

If one of the partners' shares of profit or loss is determined in the contract, this determination also means the share in the other.

The agreement that a partner will only participate in earnings without participating in the loss is valid only for the partner who has contributed as a share of participation.

Partnership decisions

Madde 624 – The decisions of the partnership are taken unanimously by all the partners.

If it is stated in the contract that the decisions will be taken by majority of votes, the majority is determined by the number of partners.

Management of the partnership

Madde 625 – All partners have the right to manage the partnership, unless the management is left to one or more partners or a third party by contract or decision.

If the partnership is managed by all or several of the partners, each of them can take action without the others joining; however, any partner authorized to manage the partnership may object to the transaction prior to its completion, preventing this transaction from being carried out.

All partners are unanimously required to appoint a general authorized representative to the partnership and to conduct the extraordinary business of the partnership. However, each of the managing partners is authorized in this matter, in case of delay.

Responsibility between partners

Competition ban

Madde 626 - Partners may not perform activities that hinder or harm the purpose of the partnership for their own benefit or for the benefit of third parties.

Expenses and work done by partners

Madde 627 - Due to the expenses incurred by one of the partners for the partnership works or the debts they have undertaken, the other partners become liable to him; The other partners are obliged to compensate for the damages suffered directly by this partner as a result of the management affairs and the damages arising from the dangers arising from the management of the partnership.

The partner, who gives money to the partnership as an advance, may request interest starting from the day he / she gives.

A partner who has made an effort for partnership business even though he is not obliged, may request a payment required by equity.

debt of care

Madde 628 – Each partner is obliged to show as much effort and care in partnership affairs as they do in their own business.

Each partner is obliged to eliminate the damages caused by others with his own fault, without the right to offset them with the benefits provided to the partnership in other businesses.

The partner, who carries out the affiliate works for a fee, is responsible according to the provisions of the attorney.

Removal and limitation of management authority

Madde 629 – The management authority given to one of the partners by the partnership agreement cannot be removed or limited by the other partners without a justified reason.

Even if there is a provision in the partnership agreement that the authorization cannot be revoked, each of the other partners can revoke the management authority if there is a just cause.

There are justifiable reasons, especially in cases where the managing partner has excessively neglected his post or lost the ability necessary for good governance.

Relationship between managing partners and other partners

generally

Madde 630 – Unless there is a contrary provision in this part of the law or in the partnership agreement, the relations between the managing partners and other partners are subject to the provisions of the proxy agreement.

In cases where a partner, who does not have the authority to manage the partnership, performs the affairs of the partnership or exceeds the authority of the partner with this authority, provisions regarding non-proxy employment are applied.

Managing partners are obliged to account at least once a year and pay their earnings to the partners. The agreement regarding the extension of the accounting period is absolutely null. In the event that the partnership is not one of the partners, the same rule applies.

Reviewing affiliate business

Madde 631 - Even without management authority, every partner has the right to obtain information about the operation of the partnership, to examine its books and records, to take samples from them and to summarize their financial situation.

On the contrary, contracts are absolutely null.

Changes between partners and in the partnership structure

New partner recruitment and sub-participation

Madde 632 - Taking a new partner into the partnership depends on the consent of all partners.

If one of the partners unilaterally shares or transfers a third party to the share in the partnership, this third party cannot acquire the title of partner.

Exiting and dismissing from partnership

generally

Madde 633 – In the event that a partner declares termination, is restricted, becomes bankrupt, his share in the liquidation is converted into money through forcible enforcement or dies, if there is a provision in the contract that the partnership will continue with other partners, when one of these situations occurs, that partner or his representative or the heir of the deceased partner may leave the partnership, or It can be excluded from the partnership with a written notification by the other partners.

Liquidation of partnership share

Madde 634 - In case a partner leaves or is excluded from the partnership, its share is automatically transferred to other partners in proportion to their shares.

Other partners are obliged to give back to the partner who has left or removed from the partnership, the goods they left to the partnership, as well as freeing the liquidation share that had to be paid if the partnership had been liquidated at the date of the term of the partner, by freeing himself from the joint liability arising from the corporate debts. For partnerships that are not yet due to the partnership, other partners can give them a guarantee instead of releasing the partner that has been issued or issued.

The liquidation share of the exited or issued partner is calculated by an expert in financial affairs as of the date on which the title of partnership ends. If the parties cannot agree on the expert, this person is appointed by the judge.

Insufficient assets

Madde 635 – If the assets of the partnership are not sufficient to meet its debts on the date of termination of the partnership, the partner who has left or has been removed is obliged to pay the debt amount falling to his share to the other partners within the framework of the regulations regarding participation in the loss.

unfinished business

Madde 636 - The partner that is issued or dismissed participates in the profit or loss arising from the works that have not yet been concluded in the period in which they are partners.

As of the end of that accounting year, the person whose partnership title has expired, due to the completed works, the profit share that will fall from him, if any; may also request the necessary information about the ongoing works.

C) Relationship of partners with third parties

Representation

Madde 637 - The partner who transacts with a third party on his behalf and on the account of the partnership, becomes a creditor and debtor himself against this person.

If one of the partners deals with a third party on behalf of the partnership or all partners, the other partners will only be the creditor or debtor of that person in accordance with the terms of representation.

The partner assigned to him as management has the authority to represent the partnership or all partners against third parties. However, it is imperative that the authorized partner of the managing partner, who is authorized to represent, be granted unanimously all the partners and that this issue is clearly stated in the authorization document.

Results of representation

Madde 638 - The things, receivables and real rights acquired for the partnership or transferred to the partnership shall belong to all partners in cooperation within the framework of the partnership agreement.

Unless there is a contrary provision in the partnership agreement, the creditors of a partner can only exercise their rights on the share of that partner in liquidation.

Partners, together or through a representative, are jointly liable to a third party for the debts they assume within the framework of the partnership relationship, unless otherwise agreed.

D) Termination of partnership

Reasons for termination

generally

Madde 639 - Partnership ends in the following cases:

1. When the purpose foreseen in the partnership agreement is realized or becomes impossible.

2. If there is no provision in the contract to continue the partnership with the heirs, one of the partners dies.

3. If there is no provision in the contract that the partnership will continue, by restriction, bankruptcy or liquidation of a partner, by converting it into money through forced execution.

4. When all partners decide unanimously.

5. When the deadline for the partnership ends.

6. With the right to report termination in the partnership agreement or if the partnership was established for an indefinite period or during the lifetime of a partner, by a partner making a termination notice.

7. In case of justifiable reasons, by court decision upon request for termination, without seeking any other conditions.

indefinite partnership

Madde 640 - If the partnership is established for an indefinite period or for the life of one of the partners, each of the partners can make a termination notice six months in advance.

The notice of termination cannot be made against the rules of integrity and at a particularly inappropriate time. The notice of termination only becomes valid at the end of the accounting year.

After the end of the period stipulated in the contract, if the partnership is maintained with the implicit will of the partners, it becomes an indefinite-term partnership.

The effect of dissolution on the management of the partnership

Madde 641 – If the partnership is terminated by any means other than notice of dissolution, a partner's authority to manage the affairs of the partnership continues with respect to him or her until the time he learned of the dissolution or could have learned if he had exercised the due diligence of the situation.

If the partnership ends with the death of one of the partners, the heir of the deceased partner is obliged to immediately report the situation to other partners. The heir continues the work of the deceased partner before the necessary precautions are taken within the framework of the rules of honesty. Other partners also temporarily continue their partnership business in the same way.

Liquidation

Action to be taken for participation share

Madde 642 - The partner who puts the ownership of something as a participation share cannot take it back as it is, as a result of the liquidation to be made upon the termination of the partnership; however, whatever value is appraised to the contribution he puts, he can ask for that value.

If this value is not determined, the undo is done based on the value of that thing at the time it was put as a share of participation.

Sharing of profit and loss

Madde 643 - If something increases after the debts of the partnership are paid and the advances given by each of the partners to the partnership, the expenses made for the partnership and the participation share they have put back, this earning is shared among the partners.

If the partnership's remaining assets after the debts, expenses and advances are not paid back, the loss is shared among the partners.

liquidation procedure

Madde 644 - In case of termination of the partnership, liquidation is carried out with the cooperation of all partners, including non-managing partners. However, in the partnership agreement, if one of the partners stipulates that certain transactions will be made on his own behalf and on the account of the partnership, this partner is obliged to carry out these transactions on his own and to account for the others after the termination of the partnership.

Partners can appoint liquidators to carry out liquidation. If they disagree on this matter, each partner may request the appointment of the liquidator by the judge.

If the wages to be paid to the liquidator are not determined in the contract or unanimously decided by the partners, the judge shall be determined by the judge by taking into account the labor required by the liquidation and the income of the partnership assets, and if it is not possible, the mutual benefit is paid from the partners.

Disputes that may arise in relation to the liquidation procedure or the share to be distributed to each partner as a result of liquidation are resolved by the judge at the request of the concerned.

Liability to third parties

Madde 645 - Termination of the partnership does not change the obligations to third parties.

Law repealed

Madde 647 – The Code of Obligations dated 22/4/1926 and numbered 818 has been repealed.

Relationship with the Turkish Civil Code

Madde 646 – This Law is the Fifth Book of the Turkish Civil Code dated 22/11/2001 and numbered 4721 and is its complement.

Force

Madde 648 - This Law enters into force on 1 July 2012.

Executive

Madde 649 - The provisions of this Law are executed by the Council of Ministers.

Conclusion
As a result, the Turkish Code of Obligations regulates the general and special principles of debt relations in a detailed and comprehensive manner. Therefore, understanding these provisions is important for many transactions and relationships in our daily lives. The articles of the Code of Obligations provide us with a broad perspective on understanding issues such as how the law of obligations works and how we should act in which situation. For this reason, it is important to learn and understand each article.