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TURKISH LAW OF OBLIGATIONS

Law Number

: 6098
Acceptance Date
: 11/1/2011
Official Gazette Published : Date : 4/2/2011
Published Code
: Order : 5

Number : 27836
Volume : 50

PART ONE
General provisions
FIRST PART
Sources of Debt Relationship
FIRST SECTION
Contractual Debt Relations
A. Establishment of the contract
I. Statement of will
1. In general
ARTICLE 1- The contract, the will of the parties mutually and in accordance with each other.
established with explanations.
The statement of will can be explicit or implicit.
2. Second-order points
ARTICLE 2- If the parties agree on the essential points of the contract,
Even if the points are not emphasized, the contract is deemed to have been concluded.
If there is no agreement on the second degree points, the judge decides the dispute by looking at the nature of the work.
decides.
Provisions regarding the form of contracts are reserved.
II. Suggestion and acceptance
1. Timed recommendation
ARTICLE 3- The person proposing to conclude a contract by specifying a period for acceptance,
depends on the proposal until its expiration.
If the acceptance does not reach him within this period; The proposer gets rid of allegiance with his proposal.
2. Indefinite recommendation
a. Among those ready
ARTICLE 4- A proposal made to a person who is ready without a time limit for acceptance is immediately
if not accepted; The proposer gets rid of allegiance with his proposal.
During direct communication with tools that can provide communication such as telephone and computer.
The proposal is deemed to have been made among those who are ready.

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b. Among the unprepared
ARTICLE 5- A proposal made to a person who is not ready without a time for acceptance,
main point from which a timely and duly sent response may be expected to arrive.
until it binds the proposer.
The proposer may consider his proposal to have arrived on time.
If the acceptance sent on time reaches the proposer late and the proposer does not want to be bound by it,
must immediately notify the acceptor of the situation.
3. Implicit acceptance
ARTICLE 6- The proposer makes an explicit acceptance of the law, the nature of the work or the situation.
If the proposal is not rejected within a reasonable time, the contract has been established.
counted.
4. Shipment of non-bespoke
ARTICLE 7- Sending something that has not been ordered is not considered a suggestion. The person who bought this thing
is not obliged to return or store it.
5. Non-binding recommendation and public recommendation
ARTICLE 8- If the proposer clearly states that his/her right not to be bound by his/her proposal is reserved.
or if it is understood that he does not intend to be bound by the nature of the work or the situation, his proposal
does not bind itself.
Displaying the goods by showing the price or displaying the tariff, price list or the like.
Submissions are considered suggestions unless otherwise clearly and easily understood.
6. Promise rewards by posting
ARTICLE 9- Announcing that it will give a reward in return for the realization of a result.
No one is responsible for keeping his word.
If the promisor of the reward breaks his promise before the outcome occurs, or if the outcome
to pay the expenses made in accordance with the rules of honesty.
liable. However, the sum of the expenses to be paid to one or more individuals does not determine the value of the award.
cannot exceed.
Expected outcome of those who promise rewards and demand payment of their expenses
If it proves that they cannot do it, they are relieved of their obligation to pay the expenses.
7. Withdrawal of proposal and acceptance
ARTICLE 10- The recall notice reached the other party before or at the same time as the offer.
However, if it is learned by the other party before the proposal, the proposal is not made.
counted.
This rule also applies to withdrawal of acceptance.
III. The moment of validity of the contract between those who are not ready
ARTICLE 11- Contracts formed between those who are not ready, from the moment the acceptance is sent.
begins to rule.
Where explicit acceptance is not required, the contract will start from the moment of receipt of the proposal.
begins to rule.

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B. Form of contracts
I. General rule
ARTICLE 12- The validity of contracts is not dependent on any form, unless otherwise stipulated by law.
is not.
The form envisaged for contracts in the law is the form of validity as a rule. envisaged
Contracts concluded without complying with the form shall not be valid.
II. written form
1. Legal form
a. Scope
ARTICLE 13- A contract envisaged to be made in writing in the law
It is obligatory to comply with the written form when changing However, it does not contradict the text of the contract.
supplementary clauses are excluded from this rule.
This rule also applies to forms of validity other than written form.
b. Elements of
ARTICLE 14- In the contracts stipulated to be made in writing,
signatures are required.
Unless otherwise stipulated by law, a signed letter may be issued by the borrower in the original.
signed telegram, fax or similar means of communication, provided that they are confirmed; or
The texts that can be sent and stored with a secure electronic signature also replace the written form.
c. Signature
ARTICLE 15- The signature must be in the handwriting of the debtor. Safe
electronic signature also bears all the legal consequences of a handwritten signature.
Signing by a means other than handwriting, only in cases accepted as customary.
and especially for signing a large number of issued negotiable documents.
(Amended paragraph: 13/2/2011-6111/213 art.) In the signatures of the visually impaired, upon request.
witnesses are sought. Otherwise, it is sufficient for the visually impaired to put their signature in handwriting.
D. Signs replacing signature
ARTICLE 16- Those who cannot sign, provided that it is duly approved instead of signature,
they can use fingerprints, a hand-made sign or seal.
Provisions regarding bills of exchange are reserved.
2. Voluntary shape
ARTICLE 17- A contract that is not bound by law is determined by the parties in a certain way.
If it has been decided to make a contract, the contract that is not made in the determined way does not bind the parties.
If the written form is agreed without any determination, the legal written form
provisions apply.
C. Debt recognition
ARTICLE 18- Even if it does not include the reason for the debt, the recognition of debt is valid.
D. Interpretation of contracts, collusive transactions
ARTICLE 19- In determining and interpreting the type and content of a contract,
regardless of the words used by the parties in error or to conceal their true purpose,
real and common will.

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The debtor, against the third person who has won the debt by relying on a written debt recognition,
cannot claim that this transaction is collusive.
E. General trading conditions
I. In general
ARTICLE 20- General transaction conditions, while making a contract, the issuer's
to the other party by preparing it in advance, alone, in order to use it in a number of similar contracts.
the terms of the contract offered. These conditions are included in the contract text or annex,
The scope, type and form of writing are not important in qualification.
The fact that the texts of the contracts drawn up for the same purpose are not identical,
It does not prevent the provisions contained in it from being considered as a general transaction condition.
These conditions, which are included in the contract containing the general transaction conditions or in a separate contract,
records that each have been accepted by discussion, by themselves, to the general transaction condition.
does not cease to exist.
Provisions related to general transaction conditions, the services they offer are legal or authorized.
prepared by the persons and organizations operating with the permission given by the authorities.
It is also applied to contracts regardless of their qualifications.
II. Scope
1. Do not count unwritten
ARTICLE 21- General transaction conditions contrary to the interests of the other party
is included in the scope of the contract, the issuer to the other party during the conclusion of the contract,
providing clear information about its existence, providing the opportunity to learn the content of these, and allowing the other party to
subject to acceptance of these conditions. Otherwise, the general trading conditions are deemed not written.
General transaction conditions that are unfamiliar to the nature of the contract and the nature of the work are also not written.
counted.
2. The effect of being considered unwritten on the contract
ARTICLE 22 - Provisions of the contract other than the general transaction conditions deemed unwritten
remains valid. In this case, if the regulating conditions were not written, other
cannot claim that he will not make the contract with the provisions.
III. Interpretation
ARTICLE 23- If a provision in the general transaction conditions is not clear and understandable, or
If it has more than one meaning, it is interpreted against the organizer and in favor of the other party.
IV. Prohibition of replacement
ARTICLE 24- In a contract with general transaction conditions or in a separate
general transaction conditions against the other party unilaterally to the organizer and included in the contract
records authorizing to amend or amend a provision of the contract containing
considered unwritten.
V. Content control
ARTICLE 25- In violation of the general transaction conditions and the rules of honesty, the other party
Provisions cannot be made against him or aggravating his situation.

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F. Content of the contract
I. Freedom of contract
ARTICLE 26- The parties shall determine the content of a contract within the limits stipulated in the law.
they can freely choose.
II. absolute nullity
ARTICLE 27- Mandatory provisions of the law, morality, public order, personal rights
Contracts that are inconsistent or the subject of which is impossible are strictly null and void.
The invalidity of some of the provisions of the contract,
does not affect its validity. However, it is clear that the contract will not be concluded without these provisions.
If it is understood, the entire contract will be null and void.
III. overexploitation
ARTICLE 28- If there is a clear disproportion between the mutual acts in a contract, this
disproportion, due to the distress or inconsiderate of the injured party, or
if it is carried out by taking advantage of his inexperience, the injured, the situation
according to its characteristics, or by notifying the other party that it is not bound by the contract, to return its performance.
or by adhering to the contract, it may request the elimination of the disproportion between the acts.
The injured have learned this right, thoughtlessness or inexperience; in times of need
in the event of a stay of one year, starting from the date on which this situation ceases, and in any case
can be used within five years starting from the date of establishment.
IV. Pre-contract
ARTICLE 29- Contracts regarding the future establishment of a contract are valid.
Except for the exceptions stipulated in the laws, the validity of the pre-contract will be established in the future.
It depends on the form of the contract.
G. Disorders of will
I. Error
1. The provisions of error
ARTICLE 30- The party that made a fundamental mistake while establishing the contract is not bound by the contract.
No way.
2. Errors
a. Mistake in statement
ARTICLE 31- In particular, the following cases of error are essential:
1. The one who is wrong does not have his will for a contract other than the one he wants to be established.
if explained.
2. If the mistaken person has expressed his will for a subject other than what he wanted.
3. The one who is wrong, does not want to make a contract from the person with whom he actually wants to make a contract.
if he explained it to someone else.
4. Wrong, despite taking into account a person with certain qualifications when making the contract
has expressed his will for another person.
5. erred for an act significantly more than he actually wants to undertake, or
has expressed his will for a counteract significantly less than he actually wanted.
Simple miscalculations do not affect the validity of the contract; with their correction
suffices.

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b. fallacy in motive
ARTICLE 32- Error in motive is not considered a fundamental error. The reason that the wrong one is wrong
the basis of the contract and this is in accordance with the rules of honesty in business relations.
if it is, it is deemed to be based on error. However, the fact that this situation can be known to the other party
must.
c. Error in forwarding
ARTICLE 33- The will for the establishment of the contract is made by a messenger or translator.
In case of miscommunication by the intermediary or a vehicle, the provisions of error are applied.
3. Integrity rules in error
ARTICLE 34- Those who are wrong cannot claim that they are wrong against the rules of honesty.
In particular, the other party consents to the conclusion of the contract in the sense implied by the wrongdoer.
The contract is deemed to have been concluded in this sense.
4. Fault in error
ARTICLE 35- If the wronged person is at fault in his mistake, the invalidity of the contract
responsible for repairing the damage. However, the other party knows or should have known about the mistake.
compensation cannot be claimed.
In cases where equity requires, the judge may, provided that the benefit expected from the performance does not exceed,
may award further compensation.
II. Deception
ARTICLE 36- If one of the parties has made a contract as a result of the deception of the other,
is not contractually bound, even if it is not essential.
The party making a contract as a result of the deception of a third party
in the event that the other party knows or is in a position to cheat,
is not.
III. Intimidation
1. Provision
ARTICLE 37- One of the parties, as a result of intimidation of the other or a third person,
contracted, it is not bound by the contract.
If there is a third party to intimidate but the other party does not know or is able to intimidate
if not, the intimidated, who does not want to be bound by the contract, if it requires fairness, to the other party.
liable to pay compensation.
2. Terms
ARTICLE 38- The frightened, in terms of the situation he or she is in,
serious and imminent damage to the personality rights or property of one of their relatives
If he is justified in believing that a danger has arisen, the intimidation is deemed to have taken place.
Contract with the fear of exercising a right or legal authority
when it is done, the person who declares that he will use this right or authority, the other party is in a difficult situation.
The existence of intimidation is accepted if he has gained an excessive benefit from his stay.
IV. Elimination of willpower disorder
ARTICLE 39- Contract due to mistake or deception or as a result of intimidation
once the perpetrator learns of the deception or deception, or when the effect of the intimidation wears off.
does not declare that he is not contractually bound or does not want back what he has given, within one year from
the contract is deemed to have been approved.

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The ratification of a non-binding contract due to deception or intimidation
does not remove the right to compensation.
H. Representation
I. Authorized representation
1. In general
a. Provision of representation
ARTICLE 40- Legal acts made by an authorized representative on behalf and account of another
the results of the operation directly bind what is represented.
If the representative does not declare this title while taking the legal action, the consequences of the legal action
it belongs to him. However, the other party excludes the existence of a representation relationship or
It is no different if he/she has to issue a legal transaction with a representative or a representative.
the results of the legal action directly belong to the representative.
In other cases, the provisions regarding the transfer of the receivable or the undertaking of the debt are applied.
b. Content and degree of representation
ARTICLE 41- If representation on behalf and account of someone else arises from public law, the representation
the content and degree of its authority are in accordance with the legal provisions on this subject; representation from a legal proceeding
the content and degree of the power of representation are determined according to that legal process.
If the representation authority has been notified to third parties, the content and degree of the representation authority,
determined by notification.
2. Authority arising from legal proceedings
a. Limitation and withdrawal of authority
ARTICLE 42- The representative always has the power of representation arising from a legal transaction.
limit or withdraw. However, service, agency or partnership between the parties
Rights that may arise from legal relations such as contracts are reserved.
The representative cannot waive this right in advance.
If the representative has expressly or indirectly communicated the authority he has given to third parties,
revocation of authority, unless he informs them that he has withdrawn his authority in whole or in part.
cannot claim against third parties in good faith.
b. Death, incapacity and other circumstances
ARTICLE 43- The power of representation arising from the legal transaction, unless otherwise agreed by the parties.
or unless it is understood from the nature of the business, the death of the represented or the representative decides on his/her absence.
is terminated in cases where it loses its capacity to act or goes bankrupt.
This provision also applies in the event of the dissolution of a legal entity.
Mutual personal rights of the parties are reserved.
c. Return of authorization
ARTICLE 44- If a certificate of authorization has been given to the representative, in case the authorization expires
the representative, by returning this document to the representative or leaving it at the place determined by the judge.
liable.
If the agent or his successors do not take action to have the agent return the document,
therefore, they are obliged to compensate for the damages of bona fide third parties.

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D. Failure to assert that the authority has expired
ARTICLE 45- As long as the representative does not know that his authority has expired, the represented
or their successors are bound by the results of the legal actions taken by the representative.
This rule applies in cases where third parties know that the authorization has expired.
not applicable.
II. Unauthorized representation
1. In case of approval
ARTICLE 46- If a person takes a legal action as a representative without being authorized,
this process binds the represented only if he approves.
The other party with whom the unauthorized agent is transacted, within a reasonable period of time from the represented.
may request that he notify whether he will approve this legal transaction or not. During this period, the
If not approved, the other party is freed from being bound by this transaction.
2. In case of disapproval
ARTICLE 47- In case the representative does not explicitly or implicitly approve the legal transaction,
The compensation of the damage arising from the invalidity of this transaction may be requested from the unauthorized representative. But,
the unauthorized representative, at the time of the transaction, the other party knew that he was unauthorized, or
If he proves that he should have known, he cannot be asked to repair the damage.
Removal of other damages from the faulty unauthorized agent, if fairness so requires.
may be requested.
Rights arising from unjust enrichment are reserved.
III. reserved provisions
ARTICLE 48- Regarding the authority of partnership representatives and organs and commercial proxies
provisions are reserved.
SECOND SECTION
Debt Relations arising from Torts

A. Liability
I. In general
ARTICLE 49- A person who causes harm to another by a faulty and unlawful act,
responsible for resolving it.
Even if there is no legal rule prohibiting the harmful act,
The person who intentionally harms another person is obliged to compensate for this damage.
II. Proof of damage and fault
ARTICLE 50- The injured person is under the burden of proving the damage and the fault of the person who caused the damage.
If the amount of damage suffered cannot be proved fully, the judge shall determine the ordinary course of events and
taking into account the measures taken by the injured party, the amount of the damage should be determined in an equitable manner.
determines.

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III. Compensation
1. Determination
ARTICLE 51- The judge shall determine the scope of the compensation and the form of payment, the necessity of the situation and the
especially taking into account the gravity of the defect.
If it is decided that the compensation will be paid in the form of annuity, the debtor will
liable.
2. Download
ARTICLE 52- The injured party consented to the act that caused the damage or in the event of the damage or
If it has been effective in the increase or aggravated the situation of the indemnity obligor, the judge,
can reduce the compensation or remove it completely.
The indemnity obligor, who caused the damage with a slight fault, becomes poor when he pays the compensation.
The judge may reduce the compensation if it falls and if fairness requires it.
IV. Exceptions
1. Death and bodily harm
a. Death
ARTICLE 53- The damages suffered in the event of death are especially as follows:
1. Funeral expenses.
2. If the death did not occur immediately, due to treatment expenses and reduced work power or
losses arising from its loss.
3. Losses suffered by those who were deprived of the support of the deceased due to this.
b. bodily harm
ARTICLE 54- Bodily harms are especially as follows:
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.
c. Determination
ARTICLE 55- Loss of support and bodily harm
calculated according to the provisions of the law and the principles of liability law. Partial or complete recourse
Social security payments that cannot be made and payments that do not have the purpose of performance are not covered by such damages.
cannot be taken into account in its determination; cannot be deducted from damage or compensation. Calculated compensation, amount
It cannot be increased or decreased based on the idea of ​equity.
The provisions of this Law, all kinds of administrative actions and transactions and other
partial or complete loss of bodily integrity caused by
It is also applied in claims and lawsuits related to damages due to death.
D. Compensation
ARTICLE 56- In the event that the bodily integrity of a person is damaged, the judge
taking into account the specifics of the event, an appropriate amount of money for non-pecuniary damage
may decide to pay.
In case of serious bodily harm or death, the relatives of the injured or deceased
It may be decided to pay an appropriate amount of money as compensation.

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2. Unfair competition
ARTICLE 57- Spreading untrue news or making such announcements or
decrease in customers due to other acts contrary to the rules of honesty or
the person who is in danger of losing them, should stop these behaviors and the existence of the fault
may request compensation for the damage.
The provisions of the Turkish Commercial Code regarding unfair competition in commercial affairs are reserved.
3. Infringement of personal right
ARTICLE 58- The person who suffers from the damage to the personal right shall be liable for the moral damage suffered.
may request the payment of some amount of money under the name of non-pecuniary damage.
Instead of the payment of this compensation, the judge may decide on another form of reparation or
can add to compensation; In particular, it may take a decision condemning the attack and have that decision published.
may rule.
4. Temporary loss of discrimination power
ARTICLE 59- The person who has temporarily lost his power to distinguish,
responsible for resolving it. However, if he proves that he has no fault in losing his power of discernment,
is relieved of responsibility.
V. The multiplicity of liability reasons
1. Contest of reasons
ARTICLE 60- If a person's responsibility can be based on more than one reason, the judge,
best to the injured person, unless the injured party has requested otherwise or is otherwise required by law.
decides according to the reason for the liability that provides the opportunity for reparation.
2. Joint liability
a. in foreign relations
ARTICLE 61- If more than one person causes a harm together or if they suffer from the same harm.
if they are liable for various reasons,
provisions apply.
b. in relationship
ARTICLE 62- Compensation between the joint debtors responsible for the same damage
all the circumstances and conditions, especially the fault that can be attributed to each of them.
their weight and the intensity of the danger they create are taken into account.
The person who pays more than his/her share of the compensation, for this overpayment,
has the right of recourse against the severally liable parties and becomes a successor to the rights of the injured party.
VI. Circumstances that remove illegality
1. In general
ARTICLE 63- An authority based on the authority given by the law and remaining within the limits of this authority.
Even if the act causes harm, it is not considered unlawful.
Consent of the injured, superior private or public benefit,
the behavior of the rightful defense, the intervention of the competent public authorities
to protect one's right by one's own power if it cannot be provided in a timely manner, or
In cases of necessity, the act is not considered unlawful.

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2. Responsibility
ARTICLE 64- What is given to the person or property of the attacker who is justifiably defended?
cannot be held responsible for the damage.
to protect themselves or others from the danger of obvious or imminent harm.
the liability of the person who damages the property of the person to compensate for this damage according to the prevailing equity
determines.
The person who has to protect his right by his own power, according to the situation and conditions at that time
if he cannot provide the assistance of the law enforcement authorities on time and his right is lost or
damage caused, unless there is no other way of preventing it from becoming significantly more difficult to use.
cannot be held responsible.
B. Strict liability
I. Equity liability
ARTICLE 65- If fairness requires; judge, person who has no power of discernment
decides to compensate for the damage caused in whole or in part.
II. Responsibility of care
1. Responsibility of the employer
ARTICLE 66- During the performance of the work assigned to him, the employee
responsible for the harm done to others.
Employee, choosing his employee, giving instructions about his work, supervision and control
If he proves that he has taken the necessary care to prevent the damage,
No way.
Employing people in an enterprise, the working order of the enterprise is trying to prevent damage.
loss caused by the activities of that enterprise, unless you can prove that it is suitable.
responsible for resolving it.
Employer, for the compensation paid, is only responsible for the damage caused by the employee.
has the right of recourse to the extent possible.
2. Responsibility of the owner of the animal
a. Reparation liability
ARTICLE 67- Those who undertake the care and management of an animal permanently or temporarily
The person is responsible for repairing the damage caused to the animal.
The owner of the animal proves that he has taken the necessary care to prevent this damage from occurring.
it will not be responsible.
If the animal is startled by someone else or someone else's animal,
The owner reserves the right of recourse to these persons.
b. right of retention
ARTICLE 68- A person's animal causes damage to someone else's immovable property.
Otherwise, the possessor of the immovable may catch that animal and keep it until its damage is remedied; even
can neutralize the animal by other means if the circumstances and circumstances justify it.
In this case, the owner of the immovable immediately informs the owner of the animal and
If he does not know, he has to make the necessary attempts to find it.

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3. Responsibility of the building owner
a. Reparation liability
ARTICLE 69- The owner of a building or other construction works,
It is responsible for repairing the damage caused by malfunctions or deficiencies in its care.
Usufruct and right of residence holders are also liable for damages arising from deficiencies in the maintenance of the building,
jointly and severally liable.
Responsible persons have the right of recourse to other persons who are responsible to them for these reasons.
reserved.
b. Avoiding the danger of harm
ARTICLE 70- Damage from someone else's building or other building works
The person who encounters the danger deserves to take the necessary measures to eliminate this danger.

The person who encounters the danger deserves to take the necessary measures to eliminate this danger.
may be requested by the owners.
The rules of public law on the protection of persons and property are reserved.
III. Hazard liability and offset
ARTICLE 71- Loss arising from the activity of an enterprise that poses a significant danger
Otherwise, the owner of the business and the operator, if any, are jointly liable for this loss.
Consider the nature of an enterprise or the materials, tools or forces used in the activity.
provided that all the care expected of a person skilled in these matters
Even if it is concluded that it is likely to cause frequent or serious harm, it will be significantly
considered to be a dangerous business. In particular, similar dangers in any law
If a special hazard liability is foreseen for the enterprises presenting the
considered a dangerous business.
Special liability provisions stipulated for a certain danger situation are reserved.
This type of activity of a business that poses a significant danger is permitted by law.
Even if the damage has been given, the victims are entitled to the appropriate compensation of the losses caused by the activity of this enterprise.
They may ask for a compensation to be paid.
C. Timeout
Rule I
ARTICLE 72- Compensation claim, where the injured person learns about the damage and the person responsible for compensation
two years from the date of the act, and in any case ten years from the date of the act.
expires. However, compensation criminal laws stipulate a longer statute of limitations.
If it has arisen from an act necessitating a penalty, this statute of limitations applies.
If a debt arises in terms of the injured person due to the tortious act, the injured party
Even if the claim for compensation arising from the act is time-barred, always the performance of this debt
can avoid.
II. At the request of recourse
ARTICLE 73- The request for recourse is the full payment of the indemnity and the joint responsibility of the person responsible.
two years starting from the date on which it was learned and in any case from the date of payment of the full compensation.
expires after ten years.
The person from whom the compensation is requested, the situation to the persons for whom he/she is jointly responsible
must notify. Otherwise, the statute of limitations will apply in accordance with the honesty rules of this notice.
begins to operate on the date it can be made.

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D. Judgment
I. In relation to criminal law
ARTICLE 74- The judge shall determine whether the person who caused the damage has a fault, whether he has the power to distinguish or not.
bound by the provisions of the criminal law on liability
It is not bound by the decision of acquittal given by the criminal judge.
Likewise, the criminal judge's decision to evaluate the fault and determine the damage.
Its decision does not bind the judge.
II. Changing the compensation provision
ARTICLE 75- The scope of bodily harm should be fully determined at the time of decision.
cannot be determined, the judge shall render the compensation provision within two years starting from the finalization of the decision.
reserves the right to change.
III. Temporary payments
ARTICLE 76- The injured party presents convincing evidence showing the justification of his claim, and
If the economic situation also requires, the judge may, upon request, grant the defendant a temporary
may decide to pay.
Temporary payments made by the defendant are deducted from the awarded compensation; to compensation
If no judgment is given, the judge may order the plaintiff to return the temporary payments received, together with the legal interest.
decides.
THIRD SECTION
Debt Relationships Born Out of Unjust Enrichment
A. Terms
I. In general
ARTICLE 77- Without a justifiable reason, from someone else's property or labor
the enriched person is obliged to return this enrichment.
In particular, this obligation does not apply if the enrichment is not valid or has not occurred or
It is born if it is based on an expired cause.
II. Execution of non-borrowed deed
ARTICLE 78- The person who voluntarily fulfills the deed that he does not owe ,
If he proves that he has fulfilled it by thinking himself indebted, he can request it back.
performance of a statute of limitations or the fulfillment of a moral duty.
Enrichments resulting from the loss cannot be claimed back.
Other law provisions regarding the reclaiming of the performance that has been paid even though there is no debt
reserved.
B. Scope of return
I. Obligation of the enriched
ARTICLE 79- A person who gets rich without a reason can lose his/her wealth at the time of requesting it back.
He is obliged to return the rest, except for the part that he proves to have gone out.
If the enriched person has disposed of the enrichment in good faith, or when disposing of it
if he has to take into account that he may have to give back in the future,
responsible for giving it back.

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II. Right to claim expenses
ARTICLE 80- If the enriched person is in good faith, do not give back the necessary and useful expenses.
may request from the person who requests it.
If the enriched person is not in good faith, he can only recover his necessary and useful expenses.
may request payment of the increase in value present at the time of issue.
The enrichment pays other expenses, regardless of whether it is in good faith or not.
can't ask. However, if it is not offered in return, it combines with that thing and leaves harmlessly.
may remove any possible additions before returning them.
C. Non-retrievable
ARTICLE 81- Something given for the realization of an unlawful or immoral result
cannot be returned. However, in the lawsuit filed, the judge may decide that this thing be appropriated to the State.
D. Timeout
ARTICLE 82- The right of claim arising from unjust enrichment,
two years from the date on which he learned that he had the right, and in any case, the enrichment took place.
It expires with the passage of ten years starting from the date.
If the enrichment is realized by gaining a right of receivable by the enriched person, the other
Even if the right of request is time-barred, the party can always avoid performing this obligation.
SECOND PART
Provisions of Debt Relationship
FIRST SECTION
Performance of Debts

A. In general
I. No obligation to perform personally
ARTICLE 83- Benefit of the creditor in the performance of the debt by the debtor himself
The debtor is not obliged to perform his debt personally unless there is
II. The subject of the performance
1. Partial performance
ARTICLE 84- If the entire debt is certain and due, the creditor may refuse partial performance.
If the creditor accepts partial performance, the debtor shall pay the part of the debt admitted by him.
cannot avoid the performance.
2. Indivisible debt
ARTICLE 85- If an indivisible debt has more than one creditor, each of the creditors,
may request the performance of the debt to all of the creditors. The debtor performs its performance to all of the creditors.
has to.
If an indivisible debt has more than one debtor, each debtor fulfills the entire debt.
responsible for.
The obligor shall succeed the obligee, unless the circumstances indicate otherwise.
may request its receivables from other debtors in proportion to their shares.

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3. Kind debt
ARTICLE 86- Unless otherwise understood from the legal relationship and the nature of the business in various debts,
The choice of performance rests with the debtor. However, the performance to be chosen by the debtor is lower than the average quality.
can't.
4. Optional debt
ARTICLE 87- In elective debts, contrary to the legal relationship and the nature of the business
Unless agreed, the choice of one of the acts belongs to the debtor.
5. Interest
ARTICLE 88- The annual interest rate to be applied in the interest payment debt is determined in the contract.
in accordance with the provisions of the legislation in force on the date the interest debt arises.
determines.
The annual interest rate to be determined by the contract, the annual interest determined in accordance with the first paragraph
cannot exceed fifty percent.
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.
Unless otherwise agreed, the following provisions apply;
1. Money debts, at the place of residence of the creditor at the time of payment,
2. Part debts, in the place where the subject of debt was at the time the contract was concluded,
3. All other debts must be at the debtor's place of residence at the time of their birth,
is performed.
After the birth of a debt to be fulfilled in the domicile of the creditor, the creditor's
If the performance has become significantly more difficult due to the change of residence, the debt is
can be performed at the place of residence.
C. Time of performance
I. Unpaid debt
ARTICLE 90- Unless the time of performance is decided by the parties or due to the nature of the legal relationship.
Unless it is understood, every debt becomes due at the time of its birth.
II. term debt
Maturity in terms of the 1st month
ARTICLE 91- If the beginning or the end of a month is determined for the performance of the debt,
the first and last day; If the middle of the month is determined, then the fifteenth day of the month is understood from this.
If only the month is determined for the performance of the debt without specifying the day, then the last day of that month.
understandable.
2. Maturity in other periods
ARTICLE 92- A debt or any obligation falling on one of the parties
If the performance of the contract is required at the end of a certain period starting from the establishment of the contract, the time of performance
determined as follows:
The period determined as the 1st day is the expiry of this period, not counting the day the contract is established.
the day is over. If the period determined as eight or fifteen days is not one or two weeks, but the full
means eight or fifteen days.

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The period determined as the 2nd week, which corresponds to the day of the contract in the last week.
will expire on the day.
3. A time period that includes months or more than one month, such as a year, a semester, and a quarter of the year.
If the period determined as the date of the contract is the day of the month, the last month
It will expire on the welcoming day. If there is no matching day in the last month, the duration is the last day of this month.
is considered full.
4. A period of fifteen days is understood as half a month. As one or more months and half moons
the day on which the specified period expires is determined by adding fifteen days to the last month.
These rules mean that the period starts to run from a moment other than the establishment of the contract.
applied in cases.
The debtor, a debt that must be fulfilled within a certain period of time, after the expiry of this period.
first to perform.
3. Holidays
ARTICLE 93- The time of performance or the last day of the period is a holiday which is considered as a holiday by law.
If it coincides with the day, it automatically switches to the first day following this day, which is not a holiday.
On the contrary, the agreement is valid.
III. performance during business hours
ARTICLE 94- The debt is performed and accepted during the usual business hours.
IV. Extension of time
ARTICLE 95- If the period has been extended, the new period is the same as the previous period, unless otherwise agreed.
from the first day following its expiration.
V. Early performance
ARTICLE 96- From the provisions of the contract or from the nature of the situation or from the necessity of the situation.
Unless it is understood that the parties mean the opposite, the debtor performs his performance before the expiry of the period.
can. However, unless it is required by law, contract or custom, the debtor is obliged to perform early.
cannot be discounted.
VI. In reciprocal contracts
1. Order of expression
ARTICLE 97- The party requesting the performance of a mutually indebted contract,
its own debt, unless it has the right to perform it later according to the terms and characteristics of the contract.
must have performed or offered to perform.
2. Impotence
ARTICLE 98- In a contract that imposes a mutual debt, one of the parties is obliged to fulfill its debt.
incapacity and especially bankruptcy or ineffectiveness of the foreclosure process.
If the other party's right is endangered due to
may refrain from performing his own act until it is received.
If the party whose right is endangered is not given the assurance it wants within a reasonable time,
may withdraw from the contract.

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D. Payment
I. In country currency
ARTICLE 99- The debt, the subject of which is money, is paid in the country's currency.
If it is decided to pay in a currency other than the country currency,
Unless there is a full payment or an expression that means the same in the contract, the debt is
It can also be paid in the country currency over the current market.
It is determined in a currency other than the country currency and the same payment or payment is made in the contract.
Unless there is an expression with this meaning, the debt is not paid on the due date.
The creditor shall pay this receivable exactly or at the current date of maturity or actual payment in the country currency.
may request payment.
II. offset
1. In part payment
ARTICLE 100- If the debtor is not late in paying the interest or expenses,
has the right to deduct the payment from the main debt. On the contrary, an agreement cannot be made.
If the creditor has taken a surety, pledge or other guarantee for a part of the receivable, the debtor
deducting the payment made in part to the part that is secured or has better assurance
does not have the right.
2. In multiple debts
a. According to the notice of the debtor and creditor
ARTICLE 101- The debtor who has more than one debt, which of these debts on the day of payment
It may notify the creditor that it wishes to pay.
If the debtor does not notify, the payment made is immediately contested by him.
unless it is done, it is deemed to have been made for the debt shown by the creditor on the receipt.
b. by law
ARTICLE 102- Where there is no legally valid explanation or a clear statement in the receipt
In case of absence, the payment shall be deemed to have been made for the due debt. If more than one debt is due
the payment is deemed to have been made for the debt that was initially pursued against the debtor. tracking
If not, the payment is made for the debt that is due first.
If more than one debt is due at the same time, the deduction is proportional; from debts
If none of them is due, the payment is deemed to have been made for the debt with the least security.
III. Return of receipts and bills
1. Borrower's right
ARTICLE 103- If the debtor who pays the debt, a receipt and the debt have been paid in full,
may request the return or cancellation of the debt securities.
If the debt has not been paid in full or if the debt note gives other rights to the creditor
the debtor can only request receipt and processing of the payment into the debit note.
2. Terms
ARTICLE 104- For one of the periodic acts such as interest or rent, the creditor
If a receipt has been given by the company without reservation, the performances of the previous periods are also performed.
deemed to have been made.
If the creditor has given a receipt for the entire principal, it is deemed to have received the interest as well.
If the debt is returned to the debtor, the debt is deemed to have expired.

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3. Failure to return the bill
ARTICLE 105- If the creditor claims that he has lost the debt, upon the request of the debtor,
during the payment of the debt, indicating the cancellation of the debt note and that the debt has expired.
must submit a formally issued or duly certified document.
Provisions regarding the cancellation of valuable documents are reserved.
E. Creditor's default
I. Conditions
ARTICLE 106- The creditor proposed to him as required by the act of making or giving,
accepting it without a just cause or in order for the debtor to perform his debt
If he refrains from performing the preparatory acts that must be done by him, he will be in default.
If the creditor defaults against one of the several debtors,
becomes in default.
II. Terms
1. In acts of delivery of something
a. right of deposit
ARTICLE 107- In case of default of the creditor, the debtor, damages and expenses
may be relieved of its debt by depositing the thing to be delivered, at the expense of the creditor.
The place of deposit is determined by the judge at the place of performance. However, commercial goods, judge's decision
may be deposited in a warehouse without
b. right to sell
ARTICLE 108- The nature of the thing that is the subject of the contract or the nature of the business
unsuitable, or the item to be delivered may deteriorate or be maintained, preserved or deposited.
If it requires a significant expense, the debtor, provided that the creditor gives notice in advance,
With his permission, he can sell it by auction and deposit the price.
If the item to be delivered is listed on the stock exchange or has a market price or
If the value is less than the ratio, the sale does not have to be made by auction, and the judge may decide beforehand.
may authorize the sale without seeking the condition of giving notice.
c. Withdraw a deposit
ARTICLE 109- The creditor has declared that he accepts the deposited thing or that a deposited pledge
The debtor may take back the thing deposited, unless it has resulted in its annulment.
As soon as the deposited thing is taken back, the receivable continues to exist with all its side rights.
2. In other acts
ARTICLE 110- If the subject of the debt does not require the delivery of something, the creditor's default
In this case, the debtor may withdraw from the contract in accordance with the provisions regarding the debtor's default.
F. Other barriers to performance
ARTICLE 111- Without the fault of the debtor, to whom the debt belongs or
due to hesitation in the creditor's identity or other personal injury arising from the creditor.
If the debt cannot be fulfilled to the creditor or his representative for this reason, the debtor is in default of the creditor.
as well as the right of deposit or withdrawal from the contract.

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SECOND SECTION
Consequences of Non-Performance of Debts

A. Failure to perform the debt
I. Expense debt
1. In general
ARTICLE 112- If the debt is not fulfilled at all or duly, the debtor shall bear no fault to himself.
Unless he proves that he cannot be charged, he is obliged to compensate the damage of the creditor.
2. Debts of doing and not doing
ARTICLE 113- If the debt is not fulfilled by the debtor, the creditor shall bear the expense.
to allow the performance of the debt by himself or someone else, at the expense of the debtor.
may request; reserves the right to demand all kinds of expenses.
The debtor, who violates the obligation of not doing it, is responsible for the damage caused by this contrary behavior.
responsible for resolving it.
The creditor also undertakes to eliminate the breach of obligation or to pay the expense in this regard.
may request that it be authorized by the debtor.
II. Scope of liability and expense debt
1. In general
ARTICLE 114- The debtor is generally responsible for all kinds of faults. the debtor
The scope of his responsibility is determined by the specific nature of the job. Business is a benefit especially for the debtor
If not, the liability is considered lighter.
Provisions regarding tortious act liability, by analogy, to cases of breach of contract.
is also applied.
2. Non-liability agreement
ARTICLE 115- Preliminary statements stating that the debtor will not be liable for his gross negligence
The agreement is absolutely void.
Due to any debt arising from the debtor's service contract with the creditor
any prior agreement that he will not be liable
is void.
A service, profession, or art that requires expertise, but only if the law or authorities
that the debtor will not be liable for slight negligence, if it can be carried out with the permission granted by the
The prior agreement regarding this is absolutely void.
3. Responsibility for the acts of auxiliary persons
ARTICLE 116- The debtor, the performance of the debt or the right arising from a debt relationship.
to his/her assistants, such as people living with or working with him/her, in accordance with the law.
even if they left it in a way, they are not responsible for the damage they caused to the other party while they were carrying out the business.
liable.
Responsibility arising from the actions of the assistants is completely with a prior agreement.
or partially removed.
A service, profession, or art that requires expertise, but only if the law or authorities
responsible for the acts of the debtor's auxiliary persons, if it can be carried out with the permission granted by the
The agreement that there will be no such agreement is absolutely void.

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B. Default of the debtor
I. Conditions
ARTICLE 117- The debtor of an overdue debt goes into default with the warning of the creditor.
A right that is jointly determined or reserved in the contract on the day the debt will be fulfilled.
determined by one of the parties, by making a due notice, on the basis of
with the passing of the day; In the tortious act, the act is committed, and in unjust enrichment, the enrichment
The debtor is in default on the date it is incurred. But the benevolent one who gets rich without reason
In case of default, notification is required.
II. Terms
1. In general
a. late compensation
ARTICLE 118- The defaulting debtor proves that he has no fault in default.
unless he does so, he is obliged to compensate the damage suffered by the creditor due to the late performance of the debt.
b. responsibility for the unexpected
ARTICLE 119- The debtor in default is liable for the loss arising from the unexpected situation.
is responsible.
If the debtor had no fault of default or had fulfilled his debt on time
from this responsibility by proving that even the unexpected situation will damage the thing subject to performance.
can be saved.
2. Default interest
a. generally
ARTICLE 120- If the annual default interest rate to be applied is not agreed in the contract,
The interest is determined in accordance with the provisions of the legislation in force at the time the debt arises.
The annual default interest rate to be determined by the contract shall be determined in accordance with the first paragraph.
cannot exceed one hundred percent of the annual interest rate.
If the contractual interest rate is determined but the default interest is not determined in the contract
and if the annual contractual interest rate is more than the interest rate specified in the first paragraph, the default interest rate
contractual interest rate applies.
b. Default interest on interest, revenues and donations
ARTICLE 121- Paying interest or annuity debt or an amount donated
The defaulting debtor, starting from the day when enforcement proceedings are initiated or a lawsuit is filed, the default
liable to pay the interest.
Agreements made in contravention of this will be subject to penal clause provisions.
Default interest cannot also be charged to default interest.
3. The harm of love
ARTICLE 122- If the creditor has incurred a loss exceeding the default interest, the debtor himself
unless he proves that he has no faults, he is also obliged to compensate for this damage.
If the amount of loss exceeding the default interest can be determined in the pending lawsuit, the plaintiff's
Upon his request, the judge decides on the amount of this damage while deciding on the merits.

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4. In contracts that impose mutual debts
a. Giving time
ARTICLE 123- In contracts that impose mutual debts, one of the parties is in default.
otherwise, the other may grant an appropriate period of time for the performance of the debt or require an appropriate period to be given.
can ask the judge.
b. Situations that do not require a deadline
ARTICLE 124- There is no need to give time in the following cases:
1. Ineffectiveness of giving time due to the debtor's situation or attitude
if it seems to happen.
2. If the performance of the debt is useless for the creditor as a result of the debtor's default.
3. The performance of the debt does not occur at a certain time or within a certain period of time.
thereupon, if it is clear from the contract that the performance will no longer be accepted.
c. Optional rights
ARTICLE 125- If the defaulting debtor has not fulfilled his debt within the given time, or
If there is a situation that does not require a period of time, the creditor is always responsible for the performance of the debt and
reserves the right to claim compensation for delay.
The creditor also renounces the performance of the debt and the right to demand delay compensation.
by notifying immediately, request the compensation of the damage arising from the non-performance of the debt, or
may withdraw from the contract.
In case of withdrawal from the contract, the parties are mutually relieved of their obligation to perform and
they can demand back their previous acts. In this case, the debtor is at fault in default.
If the creditor cannot prove that there is no
may also request removal.
D. In perpetual contracts
ARTICLE 126- Default of the debtor in perpetual contracts whose performance has started
In the event that the creditor may request performance and delay indemnity, the creditor may terminate the contract and
It may also request the compensation of the damage suffered due to its expiration before the deadline.
THIRD SECTION
Effects of Debt Relations on Third Parties
A. Succession to the creditor
ARTICLE 127- The third person who performs to the creditor, in the following cases, to the extent of his performance
succeeds the creditor's rights:
1. Redeeming something that has been pledged for someone else's debt, and
if it has property or other real rights.
2. If the third party performing to the obligee will succeed him, the performance by the obligor
if notified to the creditor first.
The provisions of the law regarding other succession cases are reserved.

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B. Taking the act of the third person
ARTICLE 128- The person who undertakes the act of a third person against another person,
liable for any damage caused by its failure.
In the undertaking made for a certain period, the performance of the undertaking until the end of the period.
If a written application is not made, the responsibility of the undertaker will end.
can be decided.
C. Contract for the benefit of a third party
I. In general
ARTICLE 129- The person making a contract on his own behalf may enter into the contract for the benefit of the third party.
If he has imposed a performance obligation, he may request the performance of the performance to the third party.
The third party or the successors to the third party are also responsible for the purpose or customs of the parties.
If appropriate, they may request the performance of the act. In this case, the third party or its successor
After those who have informed the debtor that they want to use this right, the creditor releases the debtor.
nor can it change the nature and scope of the debt.
II. Liability insurance
ARTICLE 130- The person who employs another person is responsible for the legal responsibility of the person he employs.
the rights arising from the insurance directly
belongs to the employee.
However, the insurance compensation to be paid to the employee is less than the compensation to be paid according to the general provisions.
is downloaded.
The provisions of the law regarding other legal liability insurances are reserved.
THIRD PART
Termination of Debts and Debt Relationships, Timeout
FIRST SECTION
Termination Circumstances
A. Termination of rights and debts related to the original debt
ARTICLE 131- If the original debt is terminated for performance or other reason, pledge, surety,
Rights and debts related to it, such as interest and penalty conditions, are also terminated.
The right to demand the performance of the accrued interest and penalty condition is contractually or until the moment of performance.
if it is reserved by a notice to be made or it is reserved from the terms and conditions.
If it is understood, these interest and penalty conditions may be requested.
Special provisions regarding immovable pledge, negotiable instruments and concordat are reserved.
B. Release
ARTICLE 132- The transaction that gives rise to the debt is bound to a certain form by law or by the parties.
even if the debt is completely or completely determined by the release agreement to be made by the parties regardless of the form.
can be partially eliminated.
C. Renewal
I. In general
ARTICLE 133- Termination of an existing debt with a new debt only
with his clear will.

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In particular, a foreign exchange commitment for an existing debt or a new note
or issuance of a new bail bond, unless the parties expressly will to renew it.
does not count.
II. in current accounts
ARTICLE 134- If various items are only recorded in a current account, the debt
Doesn't mean it's renewed.
However, if the account has been closed and the account result has been accepted by the other party,
debt is renewed.
If one of the items has a guarantee, unless otherwise agreed, the account will be cut and the result will be
Acceptance does not end the guarantee.
D. Merger
ARTICLE 135- The debt comes to an end when the titles of creditor and debtor are combined in the same person.
However, the pre-existing rights of third parties on the receivable are not affected by the merger.
If the merger disappears retroactively, the debt continues to exist.
Special provisions regarding immovable pledge and negotiable instruments are reserved.
E. Impossibility of performance
I. In general
ARTICLE 136- If the performance of the debt becomes impossible for reasons for which the debtor cannot be held responsible,
debt expires.
The debtor who gets rid of the debt due to the impossibility in the contracts that impose a mutual debt,
by giving back the deed taken from the other party in accordance with the provisions of unjust enrichment.
is liable and loses the right to demand an act that has not yet been performed to him. law or
In cases where the damage arising before the performance of the debt is borne by the creditor, this
is outside the jurisdiction.
The debtor does not notify the creditor without delay that the performance has become impossible and the damage does not increase.
If he does not take the necessary measures for the purpose, he is obliged to compensate for the damages arising from it.
II. partial impossibility of performance
ARTICLE 137- The performance of the debt is partially due to reasons for which the debtor cannot be held responsible.
if it becomes impossible, the debtor gets rid of only the part of the debt that has become impossible. However, this partial performance
It is clear that such a contract would not be made by the parties if the impossibility of it was foreseen in advance.
If it is understood, the entire debt expires.
In mutually indebted contracts, the debt of one party becomes partially impossible and the creditor
If he consents to partial performance, the counter performance will be performed at that rate. The creditor does not consent to such a performance.
or in case the counter act is indivisible, full impossibility provisions
is applied.
III. extreme difficulty in performance
ARTICLE 138- What is not foreseen by the parties at the time of the contract and its foreseen is also
an unexpected emergency arises for a reason not caused by the debtor, and
the facts existing at the time of conclusion of the contract, the request of performance from him, according to the rules of honesty.

to the detriment of the debtor, and the debtor has not yet fulfilled his debt or
If the debtor has performed without prejudice to his rights arising from the excessive difficulty of the performance, the debtor will be liable to the judge.
requesting adaptation of the contract to new conditions, if this is not possible,
has the right to return. In perpetual contracts, the debtor, as a rule, fulfills the right of withdrawal.
exercise its right of termination.
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The provision of this article is also applied to foreign currency debts.
F. Exchange
I. Conditions
1. In general
ARTICLE 139- Two persons may mutually exchange some money or other identical acts.
If they are in debt, each of them can exchange their debts with their debts if both debts are due.
Barter can be claimed even if one of the receivables is in contention.
A bartered receivable can only be bartered at the time it can be traded.
provided that it has not expired.
2. On bail
ARTICLE 140- As long as the principal debtor has the right to assert the barter, the surety is also given to the creditor.
may refrain from performing.
3. In contract for the benefit of a third party
ARTICLE 141- The person who borrows for the benefit of the third party, with this debt,
He cannot exchange his receivables.
4. In the event of the debtor's bankruptcy
ARTICLE 142- In the event of the debtor's bankruptcy, the creditors, even if they are not due,
they can exchange their debts with bankruptcy.
II. Terms
ARTICLE 143- Settlement can only be made when the debtor notifies the creditor of his will to exchange.
takes place. In this case, both debts expire at the lesser debt amount at the time they can be exchanged.
it melts.
Special practices regarding current account trade are reserved.
III. Receivables that can be exchanged with the consent of the creditor
ARTICLE 144- The following receivables can only be settled after the right to clear
may be exchanged with the consent of the creditors:
1. Claims related to the return or price of the deposited goods.
2. To return the goods that have been unjustly received or detained as a result of deception.
or receivables for its price.
3. Obligatory for the care of the debtor and his family, such as alimony and workers' wages,
receivables that must be given directly to the creditor as required.
IV. Trade waiver
ARTICLE 145- The debtor may waive his right of clearing beforehand.
SECOND SECTION
Time out
A. Durations
I. Ten-year statute of limitations
ARTICLE 146- Unless there is a contrary provision in the law, each receivable is ten years old.
is subject to statute of limitations.

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II. five-year statute of limitations
ARTICLE 147- Five-year statute of limitations applies for the following receivables:
1. Other periodic acts such as rental fees, principal interest and fees.
2. Accommodation fees in places such as hotels, motels, pensions and holiday villages, as well as restaurants and
Eating and drinking costs in similar places.
3. Claims arising from small works of art and small retail sales.
4. In a partnership, the partnership agreement arising from the partnership agreement between the partners or themselves.
between the partnership; partnership or partners with the directors, representatives, auditors of a partnership
receivables between
5. Receivables from brokerage, commission and agency contracts
receivables arising from the brokerage agreement.
6. The contractor's failure to fulfill its obligations at all or duly due to gross negligence
receivables arising from the contract of work.
III. Precision of deadlines
ARTICLE 148- The statute of limitations determined in this division cannot be changed by contract.
IV. The beginning of the statute of limitations
1. In general
ARTICLE 149- The statute of limitations begins to run when the receivable is due.
In cases where the due date of the receivable is dependent on a notification, the statute of limitations
It starts working from the day it can be done.
2. Periodic acts
ARTICLE 150- For lifetime income and similar periodic acts, for the entire receivable
The statute of limitations begins to run on the day the first unperformed periodic act becomes due.
If the entire receivable is barred, unperformed periodic acts are also
it expires.
V. Calculation of deadlines
ARTICLE 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 the calculation of the statute of limitations, the duration of the performance of the debts
calculation provisions apply.
B. Timeout for tied receivables
ARTICLE 152- When the original receivable is time-barred, the interest and other receivables attached to it are also
it expires.
C. Stopping the statute of limitations
ARTICLE 153- In the following cases, the statute of limitations does not start, if it has started, it will stop:
1. For the receivables of the children from their parents during the custody period.
2. During the guardianship, the guardianship or guardianship transactions of those under guardianship
for their receivables from the State.
3. As long as the marriage continues, for the receivables of the spouses from the other.
4. For the domestic servants' receivables from their employers during the service relationship.
5. As long as the debtor has the right of usufruct on the receivable.

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6. Unless there is an opportunity to assert the claim in Turkish courts.
7. In the merger of the title of creditor and debtor in the same person, the future effect of the merger
as long as it will elapse until this situation arises.
At the end of the day when the reasons stopping the statute of limitations disappear, the statute of limitations begins to run.
starts or continues the operation that was started before stopping.
D. Termination of the statute of limitations
I. Reasons
ARTICLE 154- The statute of limitations is terminated in the following cases:
1. The debtor has admitted the debt, in particular has paid interest or has partially performed, or
has pledged or provided a guarantor.
2. If the creditor has applied to the court or arbitrator through lawsuit or defense, the execution
if he has followed up with the bankruptcy office or filed for bankruptcy.
II. Impact on co-borrowers
ARTICLE 155- The statute of limitations applies to joint debtors or indivisible debts.
When it is cut against one of its debtors, it is also cut against the others.
When the statute of limitations is cut against the principal debtor, it is also cut against the surety.
When the statute of limitations is cut against the surety, it is not against the original debtor.
III. Start of new period
1. In case the debt is acknowledged or settled
ARTICLE 156- With the termination of the statute of limitations, a new period begins to run.
If the debt has been acknowledged by a promissory note or bound by a court or arbitral award, the new
The term is always ten years.
2. In the actual act of the creditor
ARTICLE 157- The statute of limitations cut through a lawsuit or a plea
to rework after every judicial act of the parties or every decision of the judge.
starts.
If the statute of limitations has been interrupted by enforcement proceedings, after each action regarding the follow-up of the receivable
it starts working again.
If the statute of limitations has been terminated due to an application to the bankruptcy office, the provisions regarding bankruptcy
It starts to run again from the birth of the possibility of reclaiming the claim.
E. Additional time to dismiss the case
ARTICLE 158- The lawsuit or its defense; the court is not competent or in charge, or
due to an error that can be corrected or opened prematurely.
If it is rejected and the statute of limitations or disqualification period has expired in the meantime, the creditor has sixty days
may exercise their rights within an additional time.
F. Receivables secured by movable pledge
ARTICLE 159- If the receivable is secured by a movable pledge, for this receivable
does not prevent the statute of limitations; however, taking the right of the creditor from the pledge
authority continues.

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G. Timeout waiver
ARTICLE 160- The statute of limitations cannot be waived in advance.
The waiver of one of the several debtors cannot be claimed against the others.
The same applies if one of the debtors of an indivisible debt has waived.
the provision applies.
The principal debtor's waiver cannot be claimed against the surety.
H. Advocating
ARTICLE 161- Unless the statute of limitations is put forward, the judge will automatically consider this.
can't.
CHAPTER FOUR
Special Situations in Debt Relations
FIRST SECTION
succession
A. Joint indebtedness
I. Birth
ARTICLE 162- Each of the more than one debtor, the entire debt to the creditor
If he/she declares that he/she accepts to be liable, joint and several debts arise.
If there is no such notification, joint debts arise only in cases stipulated in the law.
II. foreign relationship
1. Terms
a. Liability of debtors
ARTICLE 163- If the creditor wishes, the performance of all or part of the debt,
may request from all debtors, or only one if he wishes.
The liability of the debtors continues until the debt is paid in full.
b. Borrowers' defenses
ARTICLE 164- One of the joint and several debtors can only be held against the creditor with him.
Defendant arising from the personal relations between the parties or the cause or subject of the joint debt, and
may raise objections.
If one of the several debtors does not raise the joint debt and objections,
becomes responsible.
c. Individual behavior of debtors
ARTICLE 165- Unless otherwise determined by law or contract, one of the debtors
cannot aggravate the situation of other debtors by his behavior.
2. Termination of debt
ARTICLE 166- One of the debtors may terminate all or part of the debt through performance or clearing.
If he has paid off, he will have relieved other debtors from debt at this rate.
If one of the debtors is released from the debt without performance to the creditor, the other debtors
they can only take advantage of it to the extent that the situation or the nature of the debt allows.
The acquittal agreement made by the creditor with one of the debtors,
the debtor is relieved from the debt at the rate of the share of the debt in the internal relationship.

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III. internal relationship
1. Sharing
ARTICLE 167- Unless otherwise agreed or the legal relationship between debtors
each of the debtors shall be treated equally to each other from the performance rendered to the creditor, unless the nature of
are responsible for their shares.
The debtor, who performs more than his share, pays the excess amount to the other
has the right to demand from debtors. In this case, the debtor may recourse to each debtor only in proportion to his share.
can.
The amount that cannot be received from one of the debtors is assumed by the other debtors equally.
they are responsible.
2. Succession to the creditor
ARTICLE 168- Each of the debtors who have the right of recourse to the others,
successor to the rights of the creditor.
If the creditor improves the condition of one of the debtors to the detriment of the others,
bears the consequences.
B. Joint debt
ARTICLE 169- Joint and joint debt is the obligation of the debtor to each of the creditors.
arises in cases where it recognizes the right to demand all of it or as determined by law.
The debtor is relieved of his debt to all creditors by his performance to one of the creditors.
happens.
One of the creditors has applied to the enforcement or the court.
Unless notified, the debtor may perform to any of them he wishes.
Unless otherwise agreed or due to the nature of the legal relationship between the creditors
Unless agreed, each of the creditors has equal rights over the performance.
The creditor, who has more than his share, is the one who has not received his share of this excess.
liable to other creditors.
SECOND SECTION
Conditions
A. Delaying condition
I. In general
ARTICLE 170- The validity of a contract, whether it will be realized or not.
If it is left to an unknown fact, the contract is bound to a delaying condition.
Unless otherwise agreed, a delaying contingent contract is only valid if the condition is fulfilled.
It means from the moment.

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II. State at the time the condition is pending
ARTICLE 171- Until the condition is fulfilled, the debtor is obliged to perform the debt as required.
It is responsible for refraining from any behavior that will prevent it.
The creditor whose contingent rights are endangered,
take measures to protect the rights of creditors.
The savings made before the realization of the condition damage the provisions of the condition.
rate becomes invalid.
III. Benefits until the condition is met
ARTICLE 172- The thing that constitutes the subject of the debt is before the condition is fulfilled.
the creditor given to him, if the condition is fulfilled,
gets the benefits.
If the condition is not fulfilled, the creditor is obliged to return the benefits he has obtained.
B. Disruptive condition
ARTICLE 173- An event whose termination is not known whether it will occur in advance or not.
The contract left to the fact is bound to the disruptive condition.
The provisions of the abrogating conditional contract cease to exist as soon as the condition is fulfilled.
gets up.
Unless otherwise agreed or understood from the nature of the work, termination has no retroactive effect.
No way.
C. Common provisions
I. Fulfillment of condition
ARTICLE 174- A condition is a behavior that must be fulfilled by one of the parties.
if not, in the event of that party's death, his heir may replace him.
II. Blocking against the rules of integrity
ARTICLE 175- One of the parties violates the rules of good faith in the realization of the condition.
the condition is deemed to have been fulfilled.
If one of the parties ensures the realization of the condition contrary to the rules of good faith,
condition is deemed not fulfilled.
III. Forbidden conditions
ARTICLE 176- A condition means doing or not doing an unlawful or immoral act.
If it has been put in order to provide, the legal action depending on this condition is absolutely void.
THIRD SECTION
Binding Fee, Withdrawal Fee and Penalty Condition
A. Bonding money
ARTICLE 177- An amount of money given by a person while making the contract
shall be deemed to have been given as evidence of the conclusion of the contract, not as money.
Unless there is a contract or local custom, the bond money is deducted from the basis.

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B. Withdrawal money
ARTICLE 178- If the withdrawal money has been agreed, each of the parties may withdraw from the contract.
deemed authoritative; in this case, if the one who gave the money backs off, he gives up; if the one who took
He gives back twice what he took.
C. Penalty condition
I. Creditor's rights
1. The relationship of the penalty with the performance of the contract
ARTICLE 179- A penalty for not performing a contract at all or properly
Unless otherwise agreed in the contract, the creditor may perform either the debt or the penalty.
may want.
If the penalty is determined for the non-performance of the debt at the specified time or place
unless the creditor has expressly waived his right or has accepted performance without reservation.
may demand the performance of the penalty along with the debt.
By performing the agreed penalty, the debtor terminates the contract by rescission or termination.
reserves the right to prove that it is authorized to
2. The relationship between punishment and harm
ARTICLE 180- Even if the creditor has not suffered any damage, the execution of the agreed penalty
must.
If the damage suffered by the creditor exceeds the amount of the agreed penalty, the creditor is responsible for the debtor's fault.
He cannot demand the excess amount unless he proves that there is.
3. Burning of partial performance
ARTICLE 181- The provisions regarding the penal clause are
It also applies to contracts that stipulate that the portion will remain with the creditor.
Provisions regarding sales in installments are reserved.
II. Amount, invalidity and reduction of the penalty
ARTICLE 182- The parties can freely determine the amount of the penalty.
If the original debt is invalid for any reason or unless otherwise agreed,
If it has become impossible for a reason for which the debtor cannot be held responsible, the execution of the penalty cannot be demanded.
If the penalty clause is invalid or for a reason for which the debtor cannot be held responsible
becomes impossible, does not affect the validity of the original debt.
The judge automatically lowers the penalty he deems excessive.
CHAPTER FIVE
Party Changes in Debt Relations
FIRST SECTION
Transfer of Claim
A. Terms
I. Voluntary transfer
1. In general
ARTICLE 183- Unless the law, contract or the nature of the work prevents the creditor, the debtor
may transfer his receivables to a third party without seeking his consent.

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The debtor has taken over the receivable by relying on a written debt recognition that does not contain a transfer ban.
the defense against the third party that it has been decided that the receivable cannot be transferred.
cannot claim.
2. Shape
ARTICLE 184- The validity of the transfer of the claim depends on the fact that it is made in writing.
Promise to transfer the receivable does not depend on the form.
II. Legal or judicial transfer and effect
ARTICLE 185- If the transfer of the receivable has taken place in accordance with the law or a court decision, this
transfer to third parties, without the need for a special form and the previous creditor's declaration of consent.
can be argued against.
B. The terms of the transfer
I. Borrower's status
1. Performance in good faith
ARTICLE 186- The debtor, to whom the receivable is transferred, by the transferor or the transferee
to the previous creditor, if he has not been notified; if the receivable has been transferred several times, the last transferee
instead, he gets rid of his debt by performing in good faith to one of the previous transferees.
2. Refusal of performance and deposit
ARTICLE 187- The debtor of a receivable whose ownership is in dispute,
He can avoid the debt and get rid of the debt by depositing the subject of the debt to the place determined by the judge.
If the debtor performs despite knowing that the receivable is contentious, it will arise from this.
is responsible for the results.
The dispute, which is the subject of the lawsuit, has not yet been concluded by the court and the debt is due.
each party may compel the debtor to deposit the performance.
3. Borrower's defenses
ARTICLE 188- The debtor's defenses against the transferor when he learned about the transfer,
It can also be claimed against the transferee.
When the debtor learns of the transfer, the non-due receivable before the transferred receivable or
It can be exchanged with its debt, provided that it is due at the same time as it.
II. Priority rights and transition of dependent rights
ARTICLE 189- Priority other than those specific to the transfer of the claim and the personality of the transferor
rights and related rights also pass to the transferee.
Interests accrued together with the original receivable are also considered transferred.
III. Delivery of bills and documents and giving information
ARTICLE 190- Transferor to the transferee and other proofs related to the proof in his possession.
is obliged to deliver the documents and provide the necessary information in order to claim his receivables.
IV. Warranty
1. In general
ARTICLE 191- If the receivable is transferred in return for a performance, the transferor
guarantees the existence of the receivable and that the debtor has the ability to pay.
It has been transferred without a receivable action or it has been transferred to someone else in accordance with the law.
If it has passed, the transferor or previous creditor is responsible for the existence of the receivable and the solvency of the debtor.
is not responsible.

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2. Transfer for performance
ARTICLE 192- Although the creditor transfers his receivable for the performance of the debt,
If the transferee has not determined the amount to be deducted, the transferee can only take the necessary care from the debtor.
He has to deduct the amount that he could have taken if he had shown it, to his own receivables.
3. Scope of liability
ARTICLE 193- The transferee, who is liable for the guarantee, makes the following claims:
can be found:
1. To return the counter deed together with interest.
2. Expenses caused by the transfer.
3. The way he has made and fruitless attempts to obtain the receivable he has taken over against the debtor
incurred expenses.
4. Other losses incurred by the transferor unless he proves his faultlessness.
C. Reservation of special provisions
ARTICLE 194- Provisions set by law specific to the transfer of certain rights
reserved.
SECOND SECTION
Assumption of Debt
A. Internal undertaking agreement
ARTICLE 195- The person who has made an internal undertaking contract with the debtor, by performing the debt personally or
By assuming the debt with the consent of the creditor, he is under the obligation to relieve the debtor from his debt.
happens.
Unless the debtor fulfills his obligations arising from the internal undertaking contract, on the other hand,
unable to fulfill its obligations.
If the debtor has not been relieved of his debt, he may seek assurances from the other party.
B. Outsourcing agreement
I. Suggestion and acceptance
ARTICLE 196- Replacing the debtor with a new one and getting rid of the debt
by a contract between the undertaker and the creditor.
The internal undertaking contract is delivered to the creditor by the undertaker or, with his consent, by the debtor.
notification means a proposal for the conclusion of an external undertaking agreement.
The creditor's acceptance may be explicit or implicit. The creditor, without reservation
accepts its performance or consents to any other transaction made by him as a debtor,
deemed to have accepted the debt.
II. Binding of the proposal
ARTICLE 197- The proposal to assume the debt is always accepted by the creditor.
can be done. However, the undertaker or previous borrower may set a deadline for acceptance. The creditor of this period
If he is silent until the end, the proposal is considered rejected.
A new internal undertaking agreement before the proposal is accepted by the creditor.
and if a proposal is made to the creditor regarding this second undertaking, the first to propose,
avoids being bound by his proposal.

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C. Consequences of change of debtor
I. Related rights and obligations
ARTICLE 198- Even if the debtor has changed, those that are specific to the personality of the creditor of the debtor
All other related rights are reserved.
However, the third party and the guarantor as a guarantee of the debt.
responsibilities continue only if they give written consent to assume the debt.
it does.
II. Defenses
ARTICLE 199- The right to put forward defenses regarding the assumed debt is granted to the new debtor.
passes.
Unless otherwise agreed in the external undertaking agreement, the new debtor will
cannot make personal defenses that the debtor can put forward.
The new debtor may not bring forward the defenses arising from the internal undertaking agreement against the creditor.
it cannot last.
D. Invalidity of the contract
ARTICLE 200- If the external undertaking contract becomes null and void, the bona fide third parties
The old debt continues to exist together with all its dependent debts, without prejudice to its rights.
Furthermore, in the nullity of the undertaking agreement that undertakes the debt and
Unless the creditor proves that no fault can be attributed to the creditor,
suffered due to loss of previously provided assurance or for any other reason.
may request compensation from the contractor.
E. Participation in debt
ARTICLE 201- Joining a debt is to be with the debtor for an existing debt,
between the participant and the creditor and the participant being responsible for the debt together with the debtor
It is a contract that results.
The debtor and the debtor are jointly and severally liable to the creditor.
F. Takeover of property or business
ARTICLE 202- Taking over an asset or a business together with its assets and liabilities,
it notifies creditors or in the Trade Registry Gazette for commercial enterprises, for others
From the date it was announced with an advertisement to be published in one of the newspapers distributed throughout Turkey.
becomes liable to them for debts in its assets or in the business.
However, the previous debtor is also a joint and several debtor with the transferee for two years.
remains responsible. This period, for due debts, from the date of notification or announcement; later
For debts that will be due, it starts to run from the date of due date.
The consequences of assuming debts in this way are the consequences of the external undertaking contract.
is identical to the results.
Unless the obligation to notify or announce by announcement is fulfilled by the transferee,
The two-year period stipulated in the second paragraph does not start to run.
G. Merger and transformation of businesses
ARTICLE 203- An enterprise, another enterprise and assets and liabilities mutually
creditors of both businesses, if they are merged through the acquisition or participation of one of the other,
has the rights arising from the acquisition of an asset and receives all its receivables from the new business.
they can get it.

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A company owned by a single person and converted into a collective or limited partnership.
The same provision applies to the debts of the enterprise.
H. Reservation of special provisions
ARTICLE 204- The debt regarding the sharing of the inheritance and the transfer of the pledged immovables
Special provisions regarding the undertaking are reserved.
THIRD SECTION
Transfer of Agreement and Joining the Agreement
A. Transfer of contract
ARTICLE 205- The transfer of the contract, the transferee and the transferee and the remaining in the contract.
all rights made between the party and the transferor's capacity to be a party arising from this contract.
and it is an agreement that transfers its debts to the transferee.
The contract between the transferee and the transferor and the other party remaining in the contract.
transfer of contract, in agreement based on prior authorization or subsequently approved
subject to its provisions.
The validity of the transfer of the contract depends on the form of the transferred contract.
Conditions of succession arising from the law and other special provisions are reserved.
B. Joining the contract
ARTICLE 206- Joining a contract is an agreement with one of the parties to an existing contract.
between the participant and the parties to this contract, including
It is an agreement that results in the acquisition of the rights and obligations of the party to which it is taken.
Unless otherwise agreed in the agreement, the party participating in the contract and the party he is with,
They are jointly and severally obligated to the other party of the contract.
The validity of joining the contract depends on the form of the contract.
PART TWO
Private Debt Relations
FIRST PART
Sales Agreement
FIRST SECTION
General provisions
A. Definition and provisions
ARTICLE 207- The sales contract states that the seller transfers the possession and property of the sold to the buyer.
A transfer is a contract in which the buyer undertakes to pay a price in return.
Unless otherwise agreed in the contract or there is a custom, the seller and the buyer
are obliged to fulfill their debts at the same time.
The price that can be determined according to the situation and conditions, the agreed price
is in effect.

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B. Benefit and damage
ARTICLE 208- The law, the necessity of the situation or the special stipulated in the contract.
benefit and damage of the sold item, except in exceptional circumstances arising from circumstances; possession in movable sales
In real estate sales, it belongs to the seller until the moment of registration.
In movable sales, the buyer's default in taking over the possession of the sold item
In the event of a transfer of possession, the benefit and damage of the seller passes to the buyer.
If the seller sends the goods to another place from the place of performance at the request of the buyer, benefit and damage,
passes to the buyer as soon as the sold item is delivered to the carrier.
SECOND SECTION
Movable Sales

A. Subject
ARTICLE 209- Those whose sale of movables are deemed immovable in accordance with the Turkish Civil Code
It is the sale of things other than those specified as movable in other laws.
Products may be removed from real estate, such as the ruins of a building and stones from a quarry.
The sale of integral parts whose ownership will be transferred after separation is also the sale of movables.
B. Seller's liabilities
I. Transfer of possession
Rule 1
ARTICLE 210- The seller transfers his possession to the buyer in order to pass the ownership of the sold.
responsible for handing over.
2. Transfer and transportation expenses
ARTICLE 211- If there is no contract or custom, transfer expenses such as measuring and weighing
expenses incurred to the seller to take over the sold and the transportation of the sold from the place of performance to another place
When necessary, transportation costs belong to the buyer.
If an expense-free transfer is agreed, the seller is deemed to have undertaken the transportation expenses.
If the transfer is agreed without port and customs expenses, the seller is responsible for export, transit and
it is deemed to have undertaken the import taxes; but paid at the time the sold is taken over by the buyer
shall not be deemed to have undertaken the consumption taxes.
3. Seller's default
a. Rule and discrete case
ARTICLE 212- In case of default of the seller, general terms regarding the default of the debtor
provisions apply.
In commercial sales for which a certain period of time has been set for the transfer of possession, the seller is in default.
the loss of the buyer arising from the non-performance of the debt by giving up the transfer request.
it is accepted that he wishes to be removed.
If the buyer intends to request the transfer of the sold item, it will do so at the end of the specified period.
must notify the seller immediately.
b. Expense debt and scope
ARTICLE 213- The seller, who has not fulfilled his debt, is obliged to compensate the loss suffered by the buyer due to this.
liable.

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If the seller does not fulfill his debt, the buyer replaces the sold item that is not transferred to him with the sales price,
the difference between the honesty price he pays to buy someone else
may request compensation for the damage to be calculated accordingly.
If it is one of the goods sold, registered in the stock exchange or with a market price, the buyer shall replace it with a
market price on the day of performance determined by the selling price, without having to buy someone else
may request compensation for the damage to be calculated according to the difference between
II. Responsibility for seizure
1. Subject
ARTICLE 214- Due to a right existing at the time of establishment of the sales contract, the
If all or part of it is taken from the buyer by a third party, the seller
be responsible to the buyer.
If the buyer knew at the time of the contract that he was in danger of being deprived, the seller also
shall not be liable for it unless he undertakes it.
If the seller has hidden the right of the third party, remove or limit his liability
The agreement made in this regard is absolutely null and void.
2. Proceedings
a. Notice of the case
ARTICLE 215- The buyer, who is faced with the danger of taking away the sold item,
When the seller notifies the seller of the lawsuit filed, the seller may, according to the situation and in accordance with the judicial procedure.
either to participate in the case on the side of the buyer or to pursue the case against the third party by acting as the buyer.
must defend and defend.
If the notification is made at a time convenient for participation and defense, the buyer's
Unless it is proved that the judgment against him was given because of his gross negligence, it is also valid for the seller.
results.
If the case has not been notified to the seller for reasons that cannot be attributed to him, the seller
to the extent that it proves that a more favorable judgment could have been obtained had it been notified in due time.
is relieved of responsibility.
b. Don't give away what is sold without a court order
ARTICLE 216- The seller's liability for seizure continues in the following cases:
1. The buyer, without waiting for a court decision, has the right of the third party to comply with the honesty rules.
properly recognized and given what was sold to him.
2. The buyer, without waiting for the third party to file a lawsuit against him,
settle the dispute regarding the claim on the right through litigation, otherwise arbitration
He warned without delay that he would resort to a remedy and, since he could not get any results from it, arbitration
if he applied.
The responsibility of the seller is to prove that the buyer is obliged to give the goods to the third party.
continues if it does.
3. Buyer's rights
a. in full possession
ARTICLE 217- If all of the sold is taken from the buyer, the sales contract will automatically
shall be deemed to have expired and the buyer may request the following from the seller:
1. By deducting the value of the products that it has obtained or neglected to obtain from the sold,
return the sales price he has paid, together with interest.

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2. Expenses that cannot be claimed from the third party who bought the sold item.
3. All proceedings other than those that could have been avoided by reporting the case to the seller
expenses and non-judgmental expenses.
4. Other directly suffered due to the complete withdrawal of the sold item
damages.
Unless the seller proves that no fault can be attributed to him, the buyer
He is also obliged to compensate for the other damages he has suffered due to the removal from him.
b. in partial seizure
ARTICLE 218- With a limited real right, a part of the sold has been taken away or sold.
If it is loaded, the buyer can only request compensation for the damage suffered because of this.
However, the situation in which the buyer would not have bought it had he known about the situation in the sold item, and
If it is clear from the circumstances, the buyer can ask the judge to decide on the termination of the contract.
In this case, the buyer assumes that the portion of the sold item that he has received until then.
is obliged to return it to the seller, together with the benefits.
III. Responsibility for shame
1. Subject
a. generally
ARTICLE 219- The seller may, in any way,
as it is responsible for the absence of quality, which is contrary to the quantity that affects the quality or quality,
removes its value for its intended use and the benefits the buyer expects from it, or
It is also responsible for the material, legal or economic defects that reduce it significantly.
Even if the seller does not know about the existence of these defects, he is responsible for them.
b. In animal sales
ARTICLE 220- Unless the seller undertakes in writing in the sale of animals or
unless it is not responsible for the defect.
2. Non-liability agreement
ARTICLE 221- If the seller is seriously defective in transferring the sold item as defective,
Any agreement that excludes or limits its liability is strictly null and void.
3. Defects known to the buyer
ARTICLE 222- The seller, known by the buyer at the time of the establishment of the sales contract,
not responsible for defects.
The seller is responsible for the defects that the buyer can see by adequately reviewing the sold item, but
If he also undertakes that there is no such defect, he will be responsible.
4. Review and notify seller
a. generally
ARTICLE 223- The buyer may allow the condition of the sold item he has taken over according to the ordinary course of business.
a defect requiring inspection as soon as it is found and the seller's responsibility when sold
If he sees it, he must report it to him within a reasonable time.
If the buyer neglects to review and give notice, it is deemed to have accepted the sale.
However, if there is a defect in the sold item that cannot be detected by a regular inspection.
In this case, this provision does not apply. If it is found out later that such a defect is found, it is immediately reported to the seller.
must be reported; If not notified, the sold is deemed to have been accepted with this defect.

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b. In animal sales
ARTICLE 224- The period for which the seller will be responsible for the sale of animals shall be written in writing.
determined and the defect is not related to the pregnancy of the animal, the seller may only confirm the defect at which the transfer was made.
or nine days from the day on which the buyer defaults on the acquisition
within the same period of time to be notified to him/her and also to have the animal reviewed by experts.
be liable if requested from the competent authority.
5. Consequences of the seller's gross negligence
ARTICLE 225- The seller, who is severely defective, shall not be liable for the defect in the sold item.
He cannot be relieved of his responsibility, even partially, by claiming that he has not been notified.
The same provision is also made in terms of defects that should be known to those who have a profession as a seller.
valid.
6. Sending the sold item from another place
ARTICLE 226- The buyer who claims that the goods sent from another place are defective,
If there is no representative of the seller in the place where the seller is located, the necessary measures for the protection of the seller may be temporarily taken.
liable to take. The buyer is required to protect the goods he claims to be defective.
cannot send it back to the seller without taking precautions.
The buyer is obliged to have the condition of the sold duly determined without delay. This
If he does not have it done, the burden of proving that the defect he claimed existed at the time the sold item reached him.
falls on the buyer.
If the item is in danger of spoiling in a short time, the buyer shall take it to the court where it is located.
authorized to have it sold through, and even obliged to have it sold if the benefit of the seller requires it. Receiver,
If he does not notify the seller of the situation as soon as possible, he will be liable for the resulting damage.
7. Optional rights of the buyer
a. generally
ARTICLE 227- In cases where the seller is responsible for the defects of the sold item, the buyer shall:
may use one of the optional rights:
1. Withdrawing from the contract by declaring that he is ready to return the sold item.
2. Keeping the sold item and asking for a discount on the sales price at the rate of defects.
3. At the seller's expense, unless it requires excessive expense
requesting a free repair of the sold item.
4. If possible, requesting that the sold product be replaced with a non-defective one.
The buyer reserves the right to claim compensation in accordance with the general provisions.
The seller immediately gives the buyer a free copy of the same product and pays for the loss.
may prevent him from exercising his optional rights by removing all of them.
If the buyer exercises his right to withdraw from the contract, the situation justifies this.
If not, the judge may decide to repair the sold item or to reduce the sales price.
If the shortfall in the value of the sold is very close to the selling price, the buyer can only
may use one of the rights to return or to request that the sold product be replaced with a non-defective one.

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b. Destruction or serious damage to the sold item
ARTICLE 228- The defect of the sold, which has been transferred to the buyer as defective, is unexpected.
If it is destroyed or severely damaged due to circumstance or force majeure, the buyer
does not prevent him from exercising his right to withdraw from the contract. In this case, what does the buyer get from what is sold?
If any, he is obliged to return it.
If the sold is destroyed for a reason attributable to the buyer, or the buyer has transferred it to someone else.
transferred or changed its form, the buyer will only be able to pay for the defect in value to the sale.
may request a deductible.
8. Consequences of turning
a. generally
ARTICLE 229- The buyer returning from the sales contract, the sold, with the benefits obtained from it.
liable to return it to the seller. On the other hand, the buyer also makes the following claims from the seller:
can be found:
1. Returning the paid sales price with interest.
2. As in the full possession of the sold, it has done for the sold with the litigation expenses
payment of the expenses incurred.
3. Elimination of the direct damage arising from the defective goods.
Unless the seller proves that no fault can be attributed to him, the buyer's other
liable for its damages.
b. In the sale of multiple goods
ARTICLE 230- More than one good or a good consisting of more than one piece, sold together
and if some of them are found to be defective, the right to return is only for those who are found to be defective.
available. However, the defective part can be repaired without causing significant damage to the buyer or seller.
If it is not possible to separate from the other, the right of return must cover the entire sale.
Returning from the sale for the original sold, even if they are sold by showing a separate sale price,
includes add-ons; however, the rotation for add-ons does not cover the original sold.
9. Timeout
ARTICLE 231- Unless the seller has undertaken for a longer period, the fault of the sold
All kinds of lawsuits related to liability arising, even if the defect in the sold is discovered later,
It expires with the passage of two years starting from the transfer to the buyer. the buyer to the seller
The right of reprieve arising from the defect reported within two years starting from the transfer of the
it does not disappear.
If the seller is seriously defective in transferring the sold item as defective, the two-year statute of limitations
cannot benefit.
C. Buyer's debts
I. Payment of the sale price and takeover of the sold
ARTICLE 232- The buyer pays the sales price as agreed in the sales contract.
He is obliged to pay and take over what is sold to him.
If there is no local custom or agreement to the contrary, immediate takeover is required.

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II. Determination of the sales price
ARTICLE 233- If the buyer has declared that he will receive 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 sale price is calculated according to the weight of the sold, the tare is deducted.
In the sale of certain commodities, a tare weight is used as a quantity or as a percentage.
commercial custom of giving discounts or determining the price on the tare weight
reserved.
III. Due and interest on the sale price
ARTICLE 234- Unless there is a contract to the contrary, the sale price when the seller is in possession of the buyer
becomes due.
If there is a custom that interest may be charged, or if there is a product or other
if it has the opportunity to obtain yields or if the default occurs with the passage of a certain day
In this case, interest may be charged on the sales price without the need for a separate warning.
IV. Buyer's default
1. Seller's right of return
ARTICLE 235- Only after the sale price is paid or at the time of payment
If the buyer defaults in cases where it is required to be transferred, the seller without the need for any action.
may return from sale.
The seller who wishes to exercise this right must notify the buyer of the situation without delay.
If the possession of the sold is transferred to the buyer without paying the sale price, the buyer's default
the seller's right to return, taking back the sold item, this right is clearly stated in the contract.
subject to retention.
2. Calculation and reparation of the damage
ARTICLE 236- The buyer, who does not fulfill his debt, is obliged to compensate the damage suffered by the seller due to this.
liable.
The seller, from the buyer who has defaulted in paying the sales price,
according to the difference between the price received from the sale to another person in accordance with the rules of honesty.
may request compensation for the calculated damage.
If it is one of the goods sold, registered in the stock exchange or with a market price, the seller may not make such a sale.
between the sale price and the price of the goods on the specified payment day, without the need for
may request compensation for the damage to be calculated according to the difference.
THIRD SECTION
Sale of Real Estate and Rights Relating to Sale
A. Figure
ARTICLE 237- In order for the sale of the immovable to be valid, the contract must be officially
regulation is essential.
Promises to sell real estate, repurchase and purchase agreements, unless they are formally drawn up.
not valid.
The validity of the pre-emption agreement depends on whether it is made in writing.

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B. Rights giving rise to a sales relationship
I. Duration and annotation
ARTICLE 238- Preemption, redemption and purchase rights are valid for a maximum of ten years.
It can be decided upon and annotated in the land registry for the period determined by the laws.
II. Inheritance and inheritance
ARTICLE 239- Unless otherwise agreed, preemption, purchase and repurchase arising from the contract
rights are not transferable, but are inherited.
If it is agreed by contract that these rights can be transferred, the transfer
shall not be valid unless done in the manner prescribed for its establishment.
III. preemption right
1. Advocating
ARTICLE 240- Preemption right, sale of immovable or equivalent to sale in economic terms
It can be used for any kind of transaction.
Allocating the immovable to one of the heirs in the sharing of the inheritance, through forced increase.
In case of sale, performance of public services and acquisition for similar purposes,
The right of pre-emption cannot be exercised.
2. Terms and conditions
ARTICLE 241- The seller or the buyer has the right to pre- empt the content of the sales contract.
must notify the owner through a notary public.
If the sales contract is terminated after the pre-emption right has been exercised or the buyer's
If it is not approved for personal reasons, this situation will be brought forward against the owner of the preemption right.
cannot be driven.
Unless otherwise stipulated in the contract establishing the pre-emption right, the immovable property of the holder of the pre-emption right,
wins with the sales conditions agreed by the seller with the third party.
The above provisions also apply to transactions that are economically equivalent to sales.
3. Use and provisions
ARTICLE 242- The right owner who wishes to use the pre-emption right arising from the contract,
to the buyer if the property is annotated and the ownership of the immovable is registered in the name of the buyer; otherwise to the seller
against which the sale or any other transaction economically equivalent to the sale is notified.
to file a lawsuit within three months from the date of sale and in any case within two years from the date of sale.
has to.
C. Sale of real estate
I. Conditional sale and retention of ownership
ARTICLE 243- In the conditional sale of an immovable, unless the condition is fulfilled, it will be registered in the land registry.
registration cannot be made.
The condition of keeping the ownership in the sale of the immovable cannot be registered either.
II. Responsibility
ARTICLE 244- Unless there is an agreement to the contrary, the immovable sold is written in the sales contract.
If it does not cover the surface area, the seller is obliged to pay compensation to the buyer for the deficiency.
The immovable sold is the surface area written in the land registry based on an official measurement.
The seller is not liable for compensation unless specifically undertaken.

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Lawsuits arising from the defectiveness of a building, starting from the passing of ownership,
year, and if the seller has a serious fault, the statute of limitations expires after twenty years.
III. Benefit and damage
ARTICLE 245- For receipt of the sold item by the buyer at a time after registration
If a period is specified in the contract, its benefits and damages pass to the buyer upon delivery. This provision
It also applies if the buyer is in default in receiving the sold item.
The validity of this contract depends on whether it is made in writing.
IV. Implementation of the rules regarding the sale of movable
ARTICLE 246- The rules regarding the sale of movables are also applicable in the sale of immovables by analogy.
is applied.
FOURTH SECTION
Some Types of Sales
A. Sales on sample
I. Definition
ARTICLE 247- The sale on the sample is the sale of the goods subject to the contract to the buyer or to the parties.
on the suitability of a sample left to a third party or a property they have identified.
sales by agreement.
II. burden of proof
ARTICLE 248- The party to whom the sample is given in the sale upon the sample,
is not under the burden of proving that he is the example given to him, even if the form of the example has changed,
If this change is a mandatory result of the review, the buyer's claim is considered correct. But,
The other party has the right to prove otherwise.
If the sample is damaged or destroyed while in the buyer's possession, the item being sold, even if there is no defect,
The burden of proving that it does not conform to the sample falls on the buyer.
B. Selling on condition of liking
I. Definition
ARTICLE 249- Selling on the condition of liking, by trying or reviewing what is sold by the buyer.
It is a sale made on the condition that he likes it.
II. Terms
ARTICLE 250- With the condition of liking, the buyer accepts the sold or does not give any reason.
It is free to return it without showing.
Even if the sold is in the possession of the buyer, the ownership of the sold is not subject to the condition of liking.
remains with the seller until it happens.
III. Try or review
1. Next to the seller
ARTICLE 251- Although the trial or review must be done in the presence of the seller, the buyer
If the seller does not declare whether he accepts the sold within the required time according to the contract or custom, the seller
is freed from contractual commitment.

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If no such period has been set, the seller accepts and accepts the sale after a suitable period of time.
may notify the buyer that it does not; If this warning is not responded to immediately, the seller
is freed from contractual commitment.
2. Next to the buyer
ARTICLE 252- If the sold is given to the buyer without being tried or reviewed,
within the time required by contract or custom or, if there is no such time, at the seller's notice.
condition of liking if the buyer does not immediately indicate that he does not like the item or returns it.
it happens.
All or part of the purchase price, without any reservation,
payment or use of the sold item beyond the purpose of trial or review.
condition is fulfilled.
C. Partial payment sales
I. Sale in installments
1. Definition, form and content
ARTICLE 253- Sale in installments means that the seller pays the sale price of the sold movable to the buyer.
they undertake to deliver before the payment and the buyer undertakes to pay the sales price in part.
is the sale.
An installment sale agreement is not valid unless it is made in writing.
In case the goods are sold within the scope of the seller's commercial activity, the following
matters are stated:
1. Name and place of residence of the parties.
2. Subject of sale.
3. The pre-sale price of the sold item.
4. Additional cost to be specified due to payment in installments.
5. Total selling price.
6. All other acts undertaken by the buyer in cash or in kind.
7. The amount and maturity of the down payment and installments, and the number of installments, not less than two.
8. Withdrawing the buyer's declaration of intent to conclude the contract within seven days
right.
9. If stipulated, regarding the retention of ownership or the transfer of the sales price receivable
agreement records.
10. In case of default or postponement of maturity, thirty percent of the statutory interest rate
interest to be paid no more than
11. Place and date of establishment of the contract.
2. Consent of the legal representative
ARTICLE 254- Made by a minor or limited person who has the power to distinguish
The validity of the installment sales contract depends on the written consent of the legal representative. In this case
consent must be given at the latest when the contract is concluded.

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3. The contract's terms and consequences and the withdrawal statement
ARTICLE 255- The contract of sale in installments, in terms of the buyer, is signed by the parties.
It takes effect seven days after a copy of the contract is received.
The buyer may notify the seller in writing that he has withdrawn the declaration of will within this period. from this right
cannot be waived in advance. The notice of withdrawal is mailed on the last day of the period,
enough to produce results.
If the seller has transferred the goods to the buyer within the take-back period, the buyer may only carry the goods through an ordinary review.
can use it to the extent required by the pass; otherwise, the contract terms and consequences
it gives birth.
In case the buyer exercises his right of withdrawal, no withdrawal money can be requested from him.
4. Rights and obligations of the parties
a. Debt to pay the down payment and the duration of the contract
ARTICLE 256- The buyer shall pay at least one tenth of the cash sale price in cash at the latest at the time of delivery.
In addition, the remaining part of the sales price within three years following the conclusion of the contract.
liable to pay.
The President halves the down payment amount and the legal payment periods according to the type of sale.
It can download up to twice as much. (one)
The seller, who transfers the sold item to the buyer without fully receiving the minimum down payment determined in the law,
loses the right to claim on the unpaid portion of the down payment.
An increase in the sales price in return for the withdrawal of the down payment is null and void.
b. Buyer's def
ARTICLE 257- The buyer pays the seller's receivables arising from the installment sale and his/her own from the seller.
cannot waive the right to barter in advance.
In case the receivable is transferred, the buyer's defenses regarding the sales price receivable
cannot be limited or eliminated.
c. Full payment of the sale price
ARTICLE 258- Unless the installment debt is tied to the bill of exchange, the buyer is
You can always get rid of your debt by paying the rest at once. In this case, pre-sale
The portion of the price added to the price corresponding to the unpaid installments shall not be less than half
are reduced in accordance with the shortening of the payment period.
5. Buyer's default
a. Seller's right of choice
ARTICLE 259- If the buyer defaults on the down payment, the seller may only request the down payment.
or withdraw from the contract.
If the buyer is in default in paying the installments, the seller is responsible for paying the due installments or refunds.
may request the full payment of the remaining sales price at once or withdraw from the contract.
The seller can demand the entire remaining sales price or withdraw from the contract, but
this right is expressly reserved and the buyer has at least tenth of the agreed sale price.
at least two consecutive installments constituting one of them, or an installment constituting at least a quarter
or defaulted on paying the last installment. However, the seller's
Therefore, if the amount that he can request is equal to or more than the amount of paid installments, the seller
cannot withdraw from the contract.
––––––––––––––––––
(1) With the 190th article of the Decree-Law dated 2/7/2018 and numbered 700,
The phrase "Council of Ministers" has been changed to "President".

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The seller may request full payment of the remainder of the sale price or withdraw from the contract.
before exercising his right of return, he must give the buyer a period of at least fifteen days.
b. Withdrawal from contract
ARTICLE 260- The seller, due to the buyer's default in paying the installments,
If the buyer returns from the contract after the transfer, both parties are obliged to return the received.
The seller also pays for an equitable usage fee and unusual use of the sold item.
In case of a decrease in its value, it may also request compensation. However, the seller did not fulfill the contract at the time of
He cannot ask for more than he would have gotten if he had.
Before the transfer of the sold, the seller defaults on the buyer's down payment.
returns from the contract, from the buyer only on the unpaid down payment to the date of return from the contract.
After the conclusion of the contract with the legal interest that will accrue up to
may seek compensation for loss. If the penalty condition has been agreed, a percentage of the advance sales price
cannot exceed it.
c. judge's intervention
ARTICLE 261- The judge provides assurance that the defaulting buyer will pay his debts.
and the seller does not suffer any loss due to this new regulation.
It may provide payment facilities to the buyer and the seller's reimbursement of the sold item, provided that the
can ban.
6. Competent court and arbitration
ARTICLE 262- The buyer whose domicile is in Turkey may sell in installments to which he is a party.
regarding the disputes arising from the contract, from the jurisdiction of the court in the place of residence.
It cannot waive beforehand, nor can it enter into an arbitration agreement.
7. Application area
ARTICLE 263- Provisions regarding sales in installments apply to transactions made for the same economic purpose.
is also applied.
In the loan agreements made for the purpose of acquiring a movable, the property of the seller is reserved.
to the lender, with or without a holding record, of the sale price receivable
transfer or by agreement of the seller and the lender in another way, the buyer's selling price later
If they provide the delivery of the goods to pay in installments,
The provisions are applied by analogy. Putting it into sales contracts in installments in a loan agreement
mandatory items must be included. However, the total sales with the advance sales price
Instead of the amount borrowed, the total loan amount to be paid to the lender is shown.
In installment loan agreements in connection with cash sales, the lender is obliged to pay the legal minimum
The down payment has been paid and the advance sale price has not been paid in any way during the execution of the loan agreement.
Provisions regarding sales by installments, if it is fully met without any additions.
not applicable.
The buyer is acting as a merchant or the goods are for the needs of a commercial enterprise, or
In case of purchase for professional purposes, only Article 259 of the provisions regarding sales in installments.
the second paragraph of the article, the first paragraph of the article 260 and the provisions of the article 261
is applied.

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II. Sales in prepaid installments
1. Definition, form and content
ARTICLE 264- Sales in prepaid installments is the prepayment of the buyer's sale price of a movable property.
partly payment, and the seller pays the buyer after the full payment of the price.
is the sale they undertake to transfer.
A prepaid installment sales contract is not valid unless it is made in writing.
The following matters are specified in the contract:
1. Name and place of residence of the parties.
2. Subject of sale.
3. Total selling price.
4. Number of installments, amount, maturity and duration of the contract.
5. The bank authorized to accept the installments.
6. The amount of interest charged to the buyer.
7. Withdraw the buyer's declaration of intent to conclude the contract within seven days
right.
8. The right of the buyer to withdraw from the contract and the withdrawal money to be paid for this reason.
9. Place and date of establishment of the contract.
2. Rights and obligations of the parties
a. Securing payments
ARTICLE 265- In contracts whose payment period is longer than one year or indefinite, the buyer,
an income-generating savings to be opened in his name at a bank whose payments are specified in the contract, or
obliged to deposit it into the investment account.
The bank has to look after the interests of both parties. From the account opened by both parties
Payment can be made with consent. This consent cannot be given in advance.
In contracts with an indefinite payment term of more than one year, the buyer
If the seller withdraws from the contract in accordance with Article 269 until the transfer of
loses their rights.

b. The right of the buyer to request the transfer of the goods
ARTICLE 266- After the buyer has paid the entire sale price, the goods are always
may request a transfer. However, if the seller is going to transfer the goods from someone else, the buyer
He must allocate a suitable time for himself.
In order for the seller to transfer the goods to the buyer, the conditions for the sale in installments must be complied with.
must.
If the buyer has purchased more than one thing or has reserved the right to choose, the part of the sold
may request the transfer only after paying the minimum down payment stipulated in Article 256.
This request cannot be made in cases where the seller constitutes a collection of goods. The full sale price
In case of non-payment, the seller partially transfers the sold, but ten percent of the remaining part is paid.
may be requested, provided that it is left as a guarantee to him.

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c. Payment of the sale price
ARTICLE 267- Sales in contracts with a payment term longer than one year or indefinite
The price must be fully paid at the time of transfer of the sold. handover of the sold
The buyer, who wishes, can release up to one third of the sales price from the balance in his account in favor of the seller.
may leave. However, no commitment can be made during the establishment of the contract.
D. Determination of the sales price
ARTICLE 268- In addition to the total sales price of the seller determined at the time the contract was concluded.
All entries that reserve the right to charge a fee are void.
Although the total sales price to be paid is determined in the contract, the goods to be transferred
If it is not determined beforehand and the right to choose this item is given to the buyer by the seller, the seller
fully to the buyer's choice, taking into account the usual prices in the cash sale.
obliged to comply.
Agreements contrary to this are valid only to the extent that they are in the interest of the buyer.
3. Termination of the contract
a. right of withdrawal
ARTICLE 269- In contracts whose payment period is longer than one year or indefinite, the buyer,
may withdraw from the contract at any time until the transfer of the goods.
In case of withdrawal from the contract, the withdrawal money to be paid by the buyer,
It is determined by looking at the nature of the contract and the period between the conclusion of the contract and the withdrawal. But,
this amount cannot be less than two percent and more than five percent of the seller's total receivables. Receiver,
The portion of the payments made in excess of the withdrawal fee is returned to him, together with the proceeds.
may request it.
Due to the death of the buyer or his permanent deprivation of profit,
inability to make payments or to replace the contract with ordinary conditions.
the seller's refusal to accept his proposal for an installment sale contract
If the contract is withdrawn because of the reason, withdrawal money cannot be requested.
b. The duration of the contract
ARTICLE 270- The obligation to perform the prepayments ends with the expiration of five years.
For contracts with a payment term longer than one year or indefinitely, the buyer is
If the seller does not request the transfer of the sold item, the seller warns himself and gives a period of three months. the buyer is
If the seller is indifferent within the period, the seller has the rights granted to the buyer in case of withdrawal from the contract.
c. Buyer's default
ARTICLE 271- If the buyer defaults on one or more prepayments, the seller can only
may request incoming payments. However, which constitutes at least one-tenth of the total receivable and
a single prepayment constituting at least one-fourth of two consecutive prepayments or of the total receivable
If the payment or the last prepayment is due, the seller also provides a monthly payment to the buyer.
has the right to withdraw from the contract after the expiry of the payment period.
If the seller withdraws from the contract with a payment term of one year or less, article 260
The provision of the second paragraph is applied by analogy. In contracts whose duration exceeds one year, the seller can only
The withdrawal money stipulated in the second paragraph of the article and the average amount to be paid to the buyer
The bank may request compensation for its losses exceeding the deposit interest rate.

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The transfer of the goods by the buyer who is in default in contracts with a duration of more than one year.
If the seller wishes, the value of the goods after the transfer request, together with the legal principal interest.
may request that the deficiencies be corrected. If the penalty condition is stipulated, the amount will be equal to the sales price.
cannot exceed ten percent.
In cases where the sold has been transferred, the first paragraph of Article 260 regarding the return
provision applies.
4. Limitation of application area
ARTICLE 272- If the buyer acts as a merchant or the goods are
Articles 264 to 271 in case of purchase for needs or for professional purposes.
not applicable.
III. Common provisions
ARTICLE 273- From the provisions regarding sales in installments, to the consent of the legal representative,
terms and consequences and the redemption statement, the buyer's defenses, the seller's
the transfer of the receivable, the payment facilities provided by the judge and the authorized court.
Those relating to arbitration also apply to sales in prepaid installments.
In an installment sale with an indefinite or longer than one year transfer period, the buyer
If it is obliged to make the payments before the transfer, the provisions regarding the sale in prepaid installments
applied by comparison.
D. Selling by auction
I. Definition
ARTICLE 274- Sale by auction; by predetermining the place, time and conditions,
It is the sale made with the one who offers the highest price among the ready ones.
II. Establishment
ARTICLE 275- The seller declares a will to the contrary in the auction conditions.
If not found, the sales contract in the optional auctions where everyone can participate,
It is established when the manager bids the person who offers the highest price.
Sales by forced auction, the person who proposes the highest price of the officer who manages the auction.
established by tender.
III. Terms
1. The moment the bidder is tied
a. generally
ARTICLE 276- The person participating in the auction, within the framework of the conditions set for sale.
depends on the proposal.
Unless there is a contrary condition, the commitment of the proposer is a higher recommendation than himself.
ends with the conclusion of such a decision, or upon being asked whether there is a higher recommendation.
If it is understood that there is no proposal, it disappears if the proposal is not immediately accepted.
b. In the sale of real estate by auction
ARTICLE 277- In the sale of the immovable by auction, the tender or its rejection
should be done immediately after the auction.
The condition that the offeror's commitment will continue after the augmentation.
is invalid. However, this rule applies to compulsory auctions and the approval of the tender by a public official.
not applicable when necessary.

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2. Due to the payment in advance
ARTICLE 278- Unless otherwise agreed in the auction conditions, the tender price must be paid in advance.
must be paid.
If the tender price is not paid in advance or in accordance with the auction conditions, the seller will immediately withdraw from the sale.
can return.
3. Passing of ownership
ARTICLE 279- The person who buys a movable property in the auction acquires its ownership 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 auctioneer immediately registers the real estate shown in the sales report in the name of the buyer.
reports to the administration.
Special provisions regarding the transfer of ownership in tenders made as a result of forced auction
reserved.
Transfer of ownership in optional private auctions is subject to general provisions.
4. Responsibility for seizure and defect
ARTICLE 280- Provisions regarding liability for seizure and defect in forced auctions
not applicable.
The person who buys the goods without the increase, according to the property, the land registry or the sales conditions or the law.
becomes the owner together with its specific status, rights and burdens.
In optional auctions, the seller is responsible for the seizure and defects of the seller.
However, except in the case of deception, by expressly stating and announcing in the auction conditions,
can avoid liability.
IV. Cancellation of the auction
ARTICLE 281- Realization of the tender by resorting to unlawful or unethical means
ten days starting from the day when each concerned learns the reason for the cancellation, and in any case the tender
may request the cancellation of the tender from the court within one year following the date of the tender.
Special provisions regarding forced auctions are reserved.
SECOND PART
Goods Exchange Agreement
A. Definition
ARTICLE 282- The goods exchange contract is signed by one of the parties to the other party or
possession and ownership of many things, the other party's other or more than a counter deed
It is a contract in which it undertakes to transfer the possession and ownership of the thing.
B. Provisions to which it is subject
ARTICLE 283- The provisions regarding the sales contract are also applicable to the goods exchange contract.
applied; accordingly, each of the parties, in terms of what he undertakes to give, the seller,
is in the position of the buyer in terms of what is undertaken.
C. Responsibility for seizure and defect
ARTICLE 284- Provisions of the sales contract regarding liability for seizure and defect
to the extent appropriate, also applies to the goods exchange contract.

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THIRD PART
Donation Agreement
A. Definition
ARTICLE 285- The donation contract, in order to bring about the right of the donor,
It is a contract in which he undertakes to make a donation from his assets to the donated person.
To renounce a right that has not yet been acquired or to refuse an inheritance, forgiveness
is not.
Fulfilling a moral duty is also not considered forgiveness.
B. Ability to forgive
I. For the Forgiving
ARTICLE 286- Anyone who has the capacity to act is exempt from the property regime between spouses or
without prejudice to the limitations arising from the law of inheritance, can make donations.
As a result of a trial initiated within one year following the donation, the donor,
If it is decided to be restricted because of his extravagance, that pardon may be revoked by the court.
II. For the donated
ARTICLE 287- If the person who does not have the capacity to act has the power to distinguish, he accepts forgiveness.
can. However, the donor's legal representative prohibits that person from accepting the donation, or
If he orders the return of the thing that has been forgiven, forgiveness disappears.
C. Establishment
I. Pledge of forgiveness
ARTICLE 288- The validity of the promise of forgiveness is that this contract is in writing.
depends on doing.
Promise to donate an immovable or a right in rem on the immovable
Its validity depends only on the fact that it has been formally made.
The promise of forgiveness, which is invalid due to non-compliance with the form, is made by the donor.
when it is fulfilled, it is a form of forgiveness by hand. However, its validity is tied to an official form.
This provision does not apply to donations.
II. hand donation
ARTICLE 289- Hand donation is when the donor delivers a movable to the donor.
is established.
III. Conditional forgiveness
ARTICLE 290- Forgiveness can be made subject to a condition.
In forgiveness, the fulfillment of which depends on the death of the donor,
provisions apply.
IV. Upload forgiveness
ARTICLE 291- The donor can put loads on his forgiveness.
The donor is responsible for the shipments accepted by the donor pursuant to the contract.
may require fulfillment.
The fulfillment of a charge that has been donated in the public interest.
After the death of the donor, the authority to request passes to the relevant public institution.
The value of the donated item does not cover the costs of fulfilling the shipment, and
If the excess is not paid to him, the donor may refrain from fulfilling the loading.

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V. Returning to the forgiver conditional forgiveness
ARTICLE 292- If the donor dies before the donor, forgiveness
may set the condition for the subject to return to himself.
If the subject of donation is related to the real estate or a real right on the real estate,
The condition of returning to the donor can be annotated to the land registry.
VI. Withdrawal of forgiveness offer
ARTICLE 293- A person can donate a property that he proposes to donate to someone else,
Even if he has actually reserved, he can withdraw the offer of forgiveness until the acceptance of the donor.
D. The responsibility of the donor
ARTICLE 294- The donor causes the damage arising from forgiveness with his gross negligence.
is not liable to the donor unless
If the donor has promised a separate guarantee on the thing donated or the receivable,
becomes responsible.
E. The disappearance of forgiveness
I. Withdrawal of forgiveness
ARTICLE 295- The donor , if one of the following situations has occurred, is to donate by hand.
or may withdraw the promise of forgiveness he has fulfilled and
to the extent of his enrichment, he may request the return of the subject of forgiveness:
1. If the donor commits a serious crime against the donor or one of his relatives.
2. The donor, arising out of law against the donor or a member of his family
has materially breached its obligations.
3. The donor, without just cause in the attribution donation, instead of the upload
if he didn't.
II. Withdrawal of pardon and abstention from performance
ARTICLE 296- The one who promises to forgive can withdraw his word in the following cases and
can avoid the execution:
1. If there is one of the reasons for which a donated property may be requested to be returned.
2. His financial situation will make it extraordinarily difficult for him to fulfill his promise afterwards.
if substantially changed.
3. After pledging forgiveness, new family obligations have arisen for him or
if its obligations have become significantly heavier.
If the debtor's inability to pay his debt is determined or his bankruptcy is decided,
performance obligation is eliminated.
III. Duration of right of withdrawal and transfer to heirs
ARTICLE 297- Within one year, starting from the day the donor learns the reason for the withdrawal.
can withdraw forgiveness.
If the donor dies before the expiry of one year, the right of restitution passes to his heirs and
his heirs can use this right until the expiry of this period.
If the donor did not learn the reason for the recovery while he was alive, his heirs
They can use their right to withdraw the donation within one year starting from the beginning.
The donor intentionally and unlawfully kills the donor or his recovery
If he prevents him from using his right, his heirs can withdraw the donation.

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IV. Death of the forgiver
ARTICLE 298- Unless otherwise agreed, forgiveness including periodic acts,
ends with the death of the donor.
CHAPTER FOUR
Rental contract
FIRST SECTION
General provisions
A. Definition
ARTICLE 299- The lease agreement, the use or use of something by the lessor.
to leave it to the tenant to benefit from it together, and the tenant's agreed rent in return.
It is a contract to pay for.
B. Rental period
ARTICLE 300- The lease agreement can be made for a certain and undetermined period.
The lease will expire without any notice upon the expiration of the agreed period.
the contract is for a fixed term; other lease agreements are deemed to have been concluded for an indefinite period.
C. Lessor's debts
I. Delivery debt
ARTICLE 301- The lessor, the lessor, on the agreed date,
to deliver it in a condition suitable for use and to keep it in this condition for the duration of the contract.
liable. This provision cannot be changed against the tenant in housing and roofed workplace rents; other rent
In the contracts, there is a regulation contrary to this provision by means of general transaction conditions against the lessee.
cannot be done.
II. Obligation to bear tax and similar obligations
ARTICLE 302- Compulsory insurance, tax and similar obligations regarding the leased property, otherwise
Unless agreed upon or stipulated by law, the lessor bears.
III. Obligation to bear ancillary expenses
ARTICLE 303- The lessor, related to the use of the leased person, or
is liable to bear the side expenses incurred by the third party.
IV. Responsibility of the lessor for the faults of the lessor
1. Responsibility for the rented's defects at the time of delivery
ARTICLE 304- In case of delivery of the leased property with significant defects, the lessee is liable to the debtor's default.
or the lessor's liability arising from the subsequent defect of the leased
may apply to the provisions.
In the delivery of the leased property with non-significant defects, the lessee may subsequently appear in the leased property.
may apply to the provisions regarding the responsibility of the lessor due to the defects.
2. Responsibility for the leased item to become defective later
a. generally
ARTICLE 305- If the leased item becomes defective later, the lessee shall be liable for the defects from the lessor.
rectification or a reduction in the rental price proportional to the defect, or
may request removal. However, the use of other optional rights to remedy the damage
does not prevent.
In case of significant defect, the tenant's right to terminate the contract is reserved.

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b. Request for rectification and termination
ARTICLE 306- The lessee, from the lessor to the leased defect in a suitable time
may request its removal; If the defect is not remedied within this period, the lessee will pay the defect to the lessor's account.
and may deduct the receivable arising from it from the rental price, or make a faultless payment of the leased person.
may request to be replaced with a similar one.
If the defect eliminates the suitability of the leased property for the foreseen use or
The tenant may terminate the contract if it is prevented to a certain extent and is not remedied within the given time.
The lessor, instead of correcting the defect in the leased one, is free of defects within a suitable period of time.
can replace it with a similar one.
The lessor, by immediately giving the lessee a defective copy of the same property, and
can prevent him from exercising his optional rights by removing all of them.
c. Lowering the rental price
ARTICLE 307- In case of the existence of defects affecting the use of the leased property, the lessee
For the period from the discovery of the defects by the lessor to the elimination of the defect, the rent
may request a reduction in the price proportional to the defect.
D. Reparation of the damage
ARTICLE 308- Unless the lessor proves that there is no fault, the leased property is defective.
is liable to pay the lessee for any damage caused by
V. Responsibility for rights asserted by third parties
1. Liability from seizure
ARTICLE 309- A third party's right in the leased property incompatible with the tenant's right
the lessor, to undertake the case upon the tenant's notification and
liable for any damages incurred.
2. Third party having superior right after the conclusion of the contract
a. Change of lease
ARTICLE 310- After the conclusion of the contract, the leased property is confiscated for any reason.
changes, the new owner becomes a party to the lease.
Provisions regarding expropriation are reserved.
b. Third party having limited real rights
ARTICLE 311- After the conclusion of the contract, a third party
If there is a real right owner that affects the right of the lessee, regarding the change of ownership of the leased
The provisions are applied by analogy.
c. annotation to the land registry
ARTICLE 312- In immovable leases, the tenant's right to tenancy is registered in the land registry.
judgment can be determined.
D. Tenant's debts
I. Debt to pay rent
1. In general
ARTICLE 313- The tenant is obliged to pay the rent.

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2. Time of performance
ARTICLE 314- Unless otherwise agreed and local custom, the lessee shall pay the rent and
if necessary, pay the ancillary expenses at the end of each month and at the latest at the end of the rental period.
liable.
3. Default of the lessee
ARTICLE 315- The lessee, after the delivery of the leased property, pays the rent due or ancillary
If the lessor does not fulfill his obligation to pay the expense, the lessor will give the lessee a period in writing, and within this period
In case of non-performance, he may declare that he will terminate the contract.
The period to be given to the tenant is at least ten days, and at least thirty days for residential and roofed workplace rents.
day. This period begins to run from the day following the date of written notification to the tenant.
II. Duty to use with care and to respect neighbors
ARTICLE 316- The lessee is responsible for using the leased property with care in accordance with the contract and
To show the necessary respect to the people living in the property where the rented property is located and to the neighbors.
liable.
In the event that the tenant violates this obligation, the lessor
In the workplace rent, by giving a period of at least thirty days, the contradiction to be eliminated, otherwise the contract will be terminated.
gives a written notice of termination. In other lease relationships, the lessor,
may terminate the contract immediately by written notice, without prior notice to the tenant.
In housing and roofed workplace rent, the tenant's willful damage to the rented person,
If it is understood that the time to be given will be useless or the tenant is in breach of this obligation.
behavior is unbearable in terms of the lessor or the people living in the same immovable and the neighbors.
the lessor may terminate the contract immediately with a written notice.
III. Debt to pay cleaning and maintenance expenses
ARTICLE 317- The lessee is responsible for the cleaning and maintenance required for the regular use of the leased property.
responsible for paying its expenses. Local customs are also considered in this regard.
IV. Obligation to notify the lessor of the defects
ARTICLE 318- The lessee is responsible for the defects that he is not obliged to correct, to the lessor.
obliged to notify without delay; otherwise he is liable for the resulting damage.
V. Obligation to bear the elimination of defects and display of the leased property
ARTICLE 319- The lessee is responsible for eliminating the faults of the leased person or preventing the damages.
responsible for participating in the work.
The lessee, to the extent necessary for maintenance, sale or subsequent lease,
He is obliged to allow the third person designated by him to visit the rented property.
The lessor shall work and see the leased property in an appropriate time in advance.
notify the tenant and consider the tenant's interests at the time of doing so
has to.
The rights of the tenant regarding the reduction of the rental price and the elimination of the damage are reserved.
E. Special circumstances
I. Making innovations and changes in the leased property
1. By the lessor
ARTICLE 320- The lessor, the leased property, which does not require the termination of the lease agreement and
can make innovations and changes that can be expected from the tenant.

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During the making of these innovations and changes, the lessor shall protect the interests of the lessee.
responsible for its care. Regarding the reduction of the rent and the compensation of the damage of the lessee
rights reserved.
2. By the tenant
ARTICLE 321- The tenant, with the written consent of the lessor, innovations and changes in the leased
can do.
The lessor, who consents to innovations and changes, is agreed in writing.
unless it is, it cannot request that the leased be returned with its former condition.
If there is no written agreement to the contrary, the lessee can make innovations and services with the consent of the lessor.
cannot claim compensation for the increase in the value of the leased property due to the changes.
II. Sub-lease and transfer of usage right
ARTICLE 322- The lessee, provided that it does not cause a change that will harm the lessor,
It can lease the leased property wholly or partially to someone else, as well as the right to use it.
can pass it on to someone else.
Unless the lessor has the written consent of the lessor, the lessee shall
It cannot rent it to anyone else, nor can it transfer its right of use.
If the sub-tenant uses the leased property in a manner other than that granted to the lessee, the lessee
be liable to the giver. In this case, the lessor subtracts the rights it has against its tenant.
It can also be used against the tenant or the transferee of the right of use.
III. Transfer of tenancy (1)
ARTICLE 323- Unless the lessee obtains the written consent of the lessor, the rental relationship is transferred to someone else.
cannot be transferred. The lessor does not give this consent unless there is a justifiable reason in the workplace rents.
cannot escape.
With the written consent of the lessor, the person to whom the rental relationship is transferred,
replaces the lessee, and the transferring tenant is relieved of its debts to the lessor.
In workplace leases, the assigning tenant is responsible until the end of the lease agreement and for a maximum of two years.
shall be jointly and severally liable with the transferee for a period of time.
IV. Not using the leased
1. In general
ARTICLE 324- As long as it is available for use, the leased property of the lessee
Even if it is not used for a reason arising from it or it is used in a limited way, the lessee, the rent
liable to pay the price. In this case, the expenses that the lessor is freed from
deducted from the price.
2. Return of the leased property before the end of the contract (1)
ARTICLE 325- The lessee returns the leased property without complying with the contract term or the termination period.
the leased debts arising from the lease agreement, the leased property under similar conditions.
continues for a reasonable period of time. leased out before the expiry of this period.
that the lender can be expected to accept, has the ability to pay, and is ready to take over the lease
In case of finding a new tenant, the debts of the lessee arising from the lease agreement expire.
The lessor does not use the leased property in a different way with the expenses he has avoided.
It is obliged to deduct the benefits that it has obtained or deliberately avoided from the rental price.
__________
(1) This article shall not be applied for 8 years as of 1/7/2012. In this case, the lease agreements
With regard to the issues specified in these articles, the terms of the lease agreement due to the freedom of contract.
is implemented. In cases where there is no provision in the lease agreements, the provisions of the abrogated Code of Obligations are applied.

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V. Prohibition of waiver of trade
ARTICLE 326- The lessee and the lessor exchange their receivables arising from the lease agreement.
They cannot waive their right in advance.
F. Termination of contract
I. Expiration of time
ARTICLE 327- If an explicit or implicit period has been determined, the lease agreement
expires automatically at the end of the period.
In this case, if the parties continue the rental relationship without an explicit agreement, the lease
contract becomes an indefinite term contract.
II. Termination notice for indefinite lease agreements
1. In general
ARTICLE 328- In indefinite-term lease agreements, each of the parties is subject to a longer termination.
statutory termination periods, unless a notice period or other termination period has been agreed; and
may terminate the contract by complying with the termination notice periods. In the calculation of the termination periods, the rent
starting date of the contract.
If the termination period or notification period specified in the contract or law is not complied with,
notification will be valid for the next termination period.
2. In immovable and movable building leases
ARTICLE 329- Each of the parties is entitled to rent a property or a movable structure.
contract for the end of the rental period determined by local custom or the absence of such a custom.
for the end of the six-month lease period, by complying with the three-month termination notice period.
may terminate.
3. In movable leases
ARTICLE 330- Each of the parties may sign a lease agreement for a movable three days in advance.
may terminate at any time by complying with the notice period to be terminated.
As a part of the lessor's professional activity, it is given to the lessee for private use.
The lessee of a movable property that works for a minimum of one month for the end of the three-month lease period.
may be terminated by prior notice of termination. In this case, the lessor's loss
does not have the right to request removal.
III. extraordinary termination
1. Important reasons (1)
ARTICLE 331- Each of the parties may make the continuation of the rental relationship unbearable for itself.
In case of existence of important reasons leading to the contract, by complying with the legal termination notice period,
time can be terminated.
The judge, taking into account the situation and conditions,
decides the results.
2. Tenant's bankruptcy
ARTICLE 332- If the lessee goes bankrupt after the delivery of the leased property, the lessor will
may request assurances for rental fees.
The lessor provides an appropriate period in writing to the lessee and bankruptcy office for assurance.
gives. If no assurance is given within this period, the lessor may terminate the contract.
may terminate immediately without complying with the notice period.
___________
(1) This article shall not be applied for 8 years as of 1/7/2012. In this case, the lease agreements
With regard to the issues specified in these articles, the terms of the lease agreement due to the freedom of contract.
is implemented. In cases where there is no provision in the lease agreements, the provisions of the abrogated Code of Obligations are applied.

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3. Death of the tenant
ARTICLE 333- In case of the death of the tenant, the heirs of the legal termination notice period
they may terminate the contract for the end of the nearest termination period.
G. Return of the leased
I. In general
ARTICLE 334- In what condition the lessee has received the leased property, at the end of the lease agreement
In that case, he is obliged to return it. However, due to the use of the tenant in accordance with the contract,
is not responsible for wear and tear in the leased property.
In the event that the tenant terminates the contract, it will arise from using it contrary to the contract.
to undertake in advance that he will pay any other compensation other than to compensate for the damages.
agreements are void.
II. Reviewing the leased property and notifying the tenant
ARTICLE 335- The lessor, to review the status of the leased during the return
and the tenant is responsible for the shortcomings and faults must notify him immediately in writing.
If this notification is not made, the tenant is relieved of all liability. However, at the time of delivery
In case of the existence of deficiencies and defects that cannot be determined by ordinary inspection, the tenant's
responsibility continues. When the lessor identifies such deficiencies and defects,
must immediately notify in writing.
H. The lessor's right of imprisonment
Subject I
ARTICLE 336- In immovable rentals, the lessor, one-year- operated and six-in-process
to furnish the leased property or the leased property, with the assurance of the monthly rental fee.
has the right of imprisonment on the movables used for use.
The lessor's right of retention, not exceeding the sub-tenant's rent debt to the main tenant,
It also includes movables of the same nature brought by the sub-lessee to the leased property.
The right of imprisonment cannot be exercised on the tenant's property that cannot be seized.
II. Goods belonging to third parties
ARTICLE 337- Third parties know that the lessor does not belong to the lessee, or
stolen, lost or otherwise out of the hands of the owner with the goods he should know
The rights of the lessor on the goods that have come out of the country precede the right of imprisonment.
The lessor, the lessee of the movables brought by the lessee to the lessee.
Even though he learned that he is not in his possession while the lease agreement is in progress, he can conclude the contract at the nearest
If he does not terminate it for the end of the termination period, he loses his right of retention on this item.
III. exercise of the right
ARTICLE 338- The lessee may move or move the movables in the leased property to another place.
If the lessor wishes to move, the lessor has the amount to secure his receivables.
The movable property may be retained by the decision of the magistrate or the executive director.
If the goods that are the subject of the detention decision are taken secretly or by force,
It is brought back to the leased person with the help of the law enforcement within ten days starting from the beginning.

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SECOND SECTION
Housing and Roofed Workplace Rentals
A. Scope of application
ARTICLE 339- Provisions regarding the rental of residences and roofed workplaces and their use together with the tenant
It also applies to the items left behind. However, these provisions, by their nature, are reserved for temporary use.
It does not apply to rentals of immovables for a period of six months or less.
All leases made by public institutions and organizations, regardless of the procedures and principles.
These provisions also apply to contracts.
B. Associated contract (2)
ARTICLE 340- Establishment or maintenance of the contract in housing and roofed workplace rents,
if it is connected to a debt that is not directly related to the use of the leased property without benefit,
The lease-related contract is void.
C. Usage expenses
ARTICLE 341- Unless otherwise stipulated in the contract, the tenant, residential and roofed workplace rents, or on the contrary.
If there is no local custom, it is obliged to bear the usage expenses such as heating, lighting and water.
The party bearing the expenses shall send a copy of the documents proving these expenses to the other party upon request.
has to give.
D. Tenant's assurance (2)
ARTICLE 342- Obligation to provide assurance to the tenant with a contract in housing and roofed workplace rents
provided, this guarantee cannot exceed three months' rent.
If it is decided to give money or negotiable documents as security, the lessee shall have the consent of the lessor.
He deposits the money in a time savings account and deposits the valuable papers in a bank, not to be withdrawn without
it does. The bank can only guarantee the guarantees with the consent of the two parties or with the finalization of the execution proceeding.
can be returned based on a court decision.
The lessor, within three months of the expiry of the lease, against the lessee with the lease agreement.
has not notified the bank in writing that he has filed a lawsuit or initiated proceedings through enforcement or bankruptcy.
The bank is obliged to return the security upon the request of the lessee.
E. Rental price
I. In general (2)
ARTICLE 343- Except for the determination of the rental price in the lease agreements, changes against the tenant
cannot be done.
II. Determination (2)
ARTICLE 344 - Agreements of the parties regarding the rental price to be applied in the renewed rental periods,
Not to exceed the rate of change according to the twelve-month averages in the consumer price index in the previous rental year
condition valid. This rule also applies to lease agreements for more than one year. (one)
If an agreement has not been made by the parties in this regard, the rental price shall be calculated as the consumer price of the previous rental year.
by the judge, provided that it does not exceed the change rate according to the twelve-month averages in the index,
It is determined on the basis of equity, taking into account the condition of the leased property. (one)
_________________
(1) With the 56th article of the Law No. 7161 dated 17/1/2019, the first and second
The phrases "increase in producer price index" in the paragraph
change according to the mean”.
(2) This article shall not be applied for 8 years as of 1/7/2012. In this case, the lease agreements
With regard to the issues specified in these articles, the terms of the lease agreement due to the freedom of contract.
is implemented. In cases where there is no provision in the lease agreements, the provisions of the abrogated Code of Obligations are applied.

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Regardless of whether an agreement has been made by the parties in this regard, for a period of more than five years or
In lease agreements renewed after five years and at the end of each subsequent five years, in the new lease year
The rent to be applied is the change according to the twelve-month averages in the consumer price index by the judge.
The rate of rent is determined in an equitable manner, taking into account the condition of the leased property and the comparable rental prices.
The rental price determined in this way in the next five years, according to the principles in the previous paragraphs.
replaceable. (one)
If the rental price is determined in foreign currency in the contract, the Turkish version dated 20/2/1930 and numbered 1567
Provided that the provisions of the Law on the Protection of the Value of Money are reserved, the rent will not exceed five years.
price cannot be changed. However, the provision of Article 138 of this Law, titled “Excessive difficulty in performance”
reserved. Changes in the value of the foreign currency are also included in the determination of the rental value after five years.
taking into account the provision of the third paragraph is applied. (one)
III. The duration of the lawsuit and the effect of the decision
ARTICLE 345- A lawsuit regarding the determination of the rental price can be filed at any time.
However, this lawsuit is filed on a date not later than thirty days before the start of the new period, or when it is rented.
written notification to the lessee that the rental price will be increased within this period by the giver.
If it is opened until the end of the following new lease period, provided that the
The rental price to be determined binds the tenant from the beginning of this new rental period.
If there is a provision in the contract that the rental price will be increased in the new rental period, the new rental
The rental price to be determined by the court in the lawsuit to be filed until the end of the new term
valid from the start.
IV. Prohibition of arrangement against the tenant (2)
ARTICLE 346- The lessee has no other payment obligation other than the rental fee and ancillary expenses.
cannot be brought. In particular, if the rent is not paid on time, the penalty clause will be paid or the next
Agreements that the rental fees will be due are invalid.
F. Termination of the contract in residential and roofed workplace rentals
I. By notification
1. In general
ARTICLE 347- In housing and roofed workplace rentals, the lessee is obliged to determine the duration of fixed-term contracts.
The contract has been extended for one year on the same terms, unless at least fifteen days' notice is given prior to its expiration.
counted. The lessor cannot terminate the contract based on the expiry of the contract period. However, ten years
the lessor at the end of the extension period, at least three months before the end of each subsequent extension year
may terminate the contract without giving any reason, provided that a notice is given.
In indefinite lease agreements, the lessee is always and the lessor is ten years from the beginning of the lease.
may terminate the contract with a notice of termination in accordance with the general provisions.
In cases where the right of termination can be exercised according to the general provisions, the lessor or the lessee
may terminate the contract.

______
(1) With the article 56 of the Law No. 7161 dated 17/1/2019, the third paragraph of this article
The phrase “increase in the producer price index” in the field is “according to the twelve-month averages in the consumer price index”.
changed as “change” and after the phrase “if it has been decided” in the fourth paragraph of the article
The provisions of the Law on Protection of the Value of Turkish Currency dated 20/2/1930 and numbered 1567.
provided that it is reserved,” the phrase has been added.
(2) This article shall not be applied for 8 years as of 1/7/2012. In this case, the lease agreements
With regard to the issues specified in these articles, the terms of the lease agreement due to the freedom of contract.
is implemented. In cases where there is no provision in the lease agreements, the provisions of the abrogated Code of Obligations are applied.

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2. Validity of the notice
a. Figure
ARTICLE 348- The validity of the notice of termination in the rentals of residences and roofed workplaces shall be in writing.
depends on doing.

b. family residence
ARTICLE 349- In immovables rented to be used as family residences, the lessee,
He cannot terminate the lease agreement without the express consent of his wife.
If it is not possible to obtain this consent or without co-justice, it is not possible to give consent.
If he refrains, the tenant may ask the judge to make a decision on this matter.
The spouse, who is not a tenant, becomes a party to the lease agreement by notifying the lessor.
In the event that the lessor wins, the lessee gives a payment period depending on the notice of termination and the notice of termination to the lessee.
and his wife must be notified separately.
II. through litigation
1. For reasons arising from the lessor
a. Requirement, rebuilding and zoning
ARTICLE 350- The lessor, the lease agreement;
1. The lessee is himself, his spouse, descendants, ancestors or dependents as per the law.
if there is an obligation to use it for other people due to housing or workplace needs,
2. For the purpose of reconstruction or reconstruction of the leased property, major repair, expansion or
If it is necessary to replace it and it is impossible to use the rented during these works,
at the end of the term in fixed-term contracts,
in accordance with the termination period and the periods stipulated for the termination notice according to the general provisions.
may end with a lawsuit to be filed within one month starting from the date to be determined.
b. New owner's requirement
ARTICLE 351- The person who acquires the leased property later, himself, his spouse, descendants, ancestors or
Due to the need for housing or workplace for other dependents as per the law
If there is an obligation to use it, the situation is written to the lessee within one month from the date of acquisition.
may terminate the lease agreement with a lawsuit to be filed after six months, provided that it is declared as
The person who subsequently acquires the leased property may, if he/she wishes, terminate the contract due to necessity.
the right to be filed within one month starting from the end of the contract period.
can use.
2. For reasons arising from the tenant
ARTICLE 352- The lessee, after the delivery of the leased property, against the lessor,
If the lessor undertakes to vacate the leased property on a certain date in writing, but has not vacated,
to apply for enforcement or to file a lawsuit within one month starting from this date
may terminate.
The lessee, within the lease term in lease agreements of less than one year; one year and longer
In term lease agreements, the rental price is paid within one rental year or for a period exceeding one rental year.
if he has caused two justified warnings in writing because he has not paid the rent.
from the end of the lease term and, for leases longer than one year, the lease year in which the warnings are made.
may terminate the lease agreement through litigation within one month of the commencement of the contract.
Within the borders of the same district or town of the tenant or his/her spouse with whom he/she lives
In case of having a suitable residence, the lessor shall establish the lease agreement.
If he does not know this at the time of the contract, he can sue the contract within one month from the end of the contract.
can be terminated via

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3. Extension of the litigation period
ARTICLE 353- The lessor, at the latest, can file a lawsuit within the stipulated time for filing the lawsuit.
If the tenant has notified the tenant in writing, the period of filing a lawsuit is deemed to be extended for one rental year.
4. Limitation of litigation reasons (1)
ARTICLE 354- Provisions regarding the termination of the lease agreement through litigation,
cannot be changed to the detriment of the tenant.
5. Prohibition of rehiring
ARTICLE 355- The lessor is obliged to evacuate the leased property for necessity.
without just cause, unless three years have passed the leased property other than the former tenant.
cannot rent.
Immovables that have been evacuated for reconstruction and zoning purposes, in their old state,
It cannot be rented to someone else unless three years have passed without it. Former tenant, rebuilding and zoning
priority in terms of leasing the real estates realized with their new condition and new rental price.
has the right. Execution of this right within one month following the written notification of the lessor
must; Unless this priority right is terminated, the immovable cannot be rented to another person after three years.
If the lessor violates these provisions, the former tenant will be notified in the last rental year.
It is obliged to pay compensation not less than one year's rent paid.
6. Continuation of the contract on the death of the lessee
ARTICLE 356- Partners of the deceased tenant or those who carry out the same profession and art
Those who live in the same residence with the heirs and the deceased tenant, comply with the contract and the provisions of the law.
As long as they comply, they can continue the lease agreement as a party.
THIRD SECTION
Product Rental
A. Definition
ARTICLE 357- The rent of the product is the property or right of the lessor, the lessee, the product that gives the product.
It is a contract in which it undertakes to leave the use and collection of products in return for a price.
Rent to be added to the product is defined as a certain percentage of the rental price of the product to be collected.
is the agreed product rent. If this rate is not contractually agreed, it may be determined by local custom.
determines.
B. Application of general provisions
ARTICLE 358- Unless there is a special provision regarding the rent of the product in this separation, the rent
General provisions of the contract apply.
C. Minute editing
ARTICLE 359- Rental contract, tools and equipment, animals, transferred goods or
If it includes stocked goods, the parties evaluate their values ​together and make two copies.
They are obliged to write and sign the minutes they will issue and give them to each other.

_____________
(1) This article shall not be applied for 8 years as of 1/7/2012. In this case, the lease agreements
With regard to the issues specified in these articles, the terms of the lease agreement due to the freedom of contract.
is implemented. In cases where there is no provision in the lease agreements, the provisions of the abrogated Code of Obligations are applied.

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D. Lessor's debts
I. Delivery debt
ARTICLE 360- If there are movables rented together by the lessor, these are also included.
the leased property to be used and operated in accordance with the purpose of the contract.
to deliver it to the lessee in a suitable condition and to keep it in this condition for the duration of the contract.
liable.
II. Major repairs
ARTICLE 361- Major repairs that must be made within the lease term,
As soon as it is notified by the tenant, he is obliged to make the expense at his own expense.
E. Tenant's debts
I. Debt to pay rent and ancillary expenses
1. In general
ARTICLE 362- Unless there is a contrary provision in the contract or local custom, the lessee
is obliged to pay the cost and ancillary expenses at the end of each rental year and at the latest at the end of the rental period.
The lessee shall pay the due rent or ancillary expenses after the delivery of the leased property.
If he does not pay, the lessor shall give the lessee a written notice of at least sixty days, and
If he does not pay, he may declare that he will terminate the contract.
2. Discount from the rental price in extraordinary circumstances
ARTICLE 363- The usual yield of an agricultural immovable, extraordinary disaster or natural
the lessee may deduct a proportionate amount from the rent if the
may want.
This right may be waived initially, but such rights may be waived during the determination of the rental price.
The possibility of occurrence of the situations is taken into consideration or the resulting damage is covered by an insurance.
is met, it will be valid.
II. Use of the leased and operating debt
ARTICLE 364- The tenant, by operating the leased property in accordance with the purpose and in a good way,
especially obliged to keep the product in a condition suitable for giving.
The lessee, without the permission of the lessor, does not change the operating method of the leased
after the end of the effect can not be seen in a way that can be seen.
III. maintenance debt
ARTICLE 365- The lessee is obliged to provide the maintenance of the leased property as required.
The tenant is responsible for making minor repairs in accordance with local custom,
It has to replace the low-value tools and equipment that have disappeared.
F. Prohibition of sub-lease and transfer of usage right
ARTICLE 366- The lessee, without the consent of the lessor, rents the leased property to someone else.
It cannot transfer the right of use and operation to anyone else. However, the tenant
not to require a change that will cause harm to the lessor in some places in the leased property.
conditional on lease.
Rules regarding sub-lease, comparison of these lease agreements made by the lessee with someone else.
implemented through.

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G. Termination of contract
I. Reasons for termination
1. Expiration of time
ARTICLE 367- A fixed-term lease agreement terminates automatically at the end of the period.
However, if the parties continue the contract implicitly, unless otherwise agreed,
The lease agreement is deemed to be renewed for one year.
Renewed lease agreement is valid for the end of each lease year, in accordance with the statutory notice period.
may be terminated.
2. Notice of termination
ARTICLE 368- In an indefinite term contract, the notice period for termination is determined by the contract or local custom.
provided that a notice period of at least six months is observed, each party
may terminate the contract.
Unless there is an agreement to the contrary, the local custom in product rents related to agricultural immovables.
for the spring or autumn seasons applied; for other product leases at any time
notice of termination can be made.
3. Extraordinary termination
a. Important reasons
ARTICLE 369- One of the parties may make the continuation of the rental relationship unbearable for him.
In case of existence of important reasons leading to the contract, by complying with the legal termination notice period,
time can be terminated.
The judge, taking into account the situation and conditions,
decides the results.
b. Tenant's bankruptcy
ARTICLE 370- In the event of the tenant's bankruptcy, the contract will automatically terminate as soon as the bankruptcy is filed.
it melts. However, the lessor provides sufficient security for the lease in progress and the item recorded in the minutes.
If it is given, it is obliged to continue the contract until the end of the lease year.
c. death of the tenant
ARTICLE 371- In the event of the tenant's death, his heirs and the lessor,
may terminate the contract, provided that they comply with the termination notice periods.
II. Consequences of termination
1. Giving back
ARTICLE 372- At the end of the lease term, the lessee, the leased property, all recorded in the minutes.
are obliged to return them together with the goods and in their condition.
The lessee receives compensation for deficiencies in value that could have been avoided if well operated.
liable to pay.
The lessee, the value that occurs within the framework of the care he is obliged to show to the leased
cannot claim compensation for increases.
2. Goods recorded in the minutes
ARTICLE 373- Value of the goods recorded in the minutes when the leased goods are delivered.
If the lease agreement has expired, the tenant will return them of identical type and value.
obliged to give or to compensate for deficiencies in value.
The lessee, by proving the fault of the lessor or the existence of force majeure,
may be exempted from giving or paying compensation.

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Compensation for the increase in value arising from the expenses or labor of the lessee.
may want.
3. Product and growing expenses
ARTICLE 374- The lessee of an agricultural immovable, at the time of the expiry of the lease agreement, has not yet
cannot claim a right on uncollected products.
However, the tenant is responsible for the agricultural expenses incurred to grow the product by the judge.
The amount to be determined can be requested from the lessor as compensation and this compensation
deducted from rent.
4. Straw, manure and the like
ARTICLE 375- The lessee who returns the leased property , as required by a regular business,
leaving the last year's hay, animal bedding, hay and manure in the rented
liable.
If the tenant is leaving more than they have received, seek compensation for the excess left
has the right; if it leaves less than it takes, make up for the deficiencies or lack of value.
responsible for resolving it.
H. Pet rental
Subject I
ARTICLE 376- Ruminant breeders that are not related to the rent of an agricultural immovable.
rental period of animals rented, unless otherwise agreed or local custom
All the products inside become the tenant's.
The lessee is responsible for feeding the rented animals, taking good care of them, and giving money or money to the lessor.
He is obliged to pay a certain share of the product obtained from animals.
II. Responsibility
ARTICLE 377- If there is no agreement or local custom, the tenant shall
caused by a damage incurred even though care and attention was paid to protection.
responsible unless they can prove that it is.
The lessee is entitled to the lease for the extraordinary protection expenses not caused by his own fault.
may seek compensation from the giver.
The lessee shall notify the lessor of serious accidents or illnesses without delay.
liable.
III. Dissolution
ARTICLE 378- If there is no agreement or local custom on the contrary, it is made for an indefinite period.
Each party may terminate the contract at any time.
However, termination cannot be made at an inopportune time and against the rules of good faith.
CHAPTER FIVE
Loan Agreements
FIRST SECTION
Usage Loan
A. Definition
ARTICLE 379- The usage loan agreement means that something of the lender is free of charge.
to leave the use of it to the borrower and the borrower to return the thing after it has been used.
contract he undertakes.

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B. Provisions
I. Borrower's right of use
ARTICLE 380- The borrower can only determine the borrowing subject as agreed in the contract.
If there is no provision in the contract, it can be used according to its nature or purpose.
The borrower cannot make someone else use the borrowed subject.
In cases where the borrower violates these provisions,
also liable for damages. However, even if he had complied with these provisions, he could prove that the damage would have occurred.
If he does, he is relieved of responsibility.
II. Maintenance and protection expenses
ARTICLE 381- The borrower pays the usual maintenance and protection expenses of the borrower.
liable to meet.
extraordinary expenses incurred by the borrower for the benefit of the lender.
may request payment.
III. joint liability
ARTICLE 382- Those who borrow something together are jointly responsible for it.
C. Termination
I. In the intended use
ARTICLE 383- If a certain period is not foreseen for use, the borrower's
as long as it has used its subject in accordance with the contract or for a period of time to use it.
contract expires.
The borrower uses the borrowed subject in violation of the contract, corrupts it or
give it to another person for use or borrow it due to a previously unknown circumstance.
If the urgent need of the lender arises, the lender can ask for it back earlier.
II. For unspecified use
ARTICLE 384- The subject of the loan, the period of use and the purpose for which it will be used
If it has been given undetermined, the lender may request it back at any time.
III. Borrower's death
ARTICLE 385- The usage loan agreement automatically terminates upon the death of the borrower.
it melts.
SECOND SECTION
Consumption Loan
A. Definition
ARTICLE 386- Consumption loan agreement, the lender, some money or
to transfer a consumable thing to the borrower, and the borrower to return the same quality and quantity.
the contract he undertakes to give.
B. Provisions
I. Interest
1. In general
ARTICLE 387- In the non-commercial consumption loan agreement, agreed by the parties
No interest can be charged unless
In the commercial consumption loan agreement, even if it is not agreed by the parties, the interest
may be requested.
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2. Special rules on interest
ARTICLE 388- If the interest rate is not determined in the consumption loan agreement, as a rule,
The interest rate applicable to such loans at the time and place of borrowing is applied.
Unless otherwise stated in the contract, the determined interest is paid annually.
It cannot be decided that the interest will be added to the principal and the interest will be re-executed together.
II. Time out
ARTICLE 389- The borrower is responsible for the delivery of the loan subject and the lender for this item.
six months starting from the other party's default in this regard.
expires with the passage of the month.
III. Insolvency of the borrower
ARTICLE 390- The borrower may pay after the establishment of the loan agreement.
the lender may refrain from surrendering the subject of the loan.
The lender, the borrower's insolvency before the conclusion of the contract
If he later found out that he had fallen, he has the same right.
C. Things given instead of money
ARTICLE 391- Instead of the money agreed in the contract, the borrower may receive valuable papers or
if trade goods are given, the amount of the debt, the time of delivery and the stock market or market value at the place
calculated on; to the contrary, the contract is void.
D. Time to give back
ARTICLE 392- A certain day or notification period for the return of the loan
or if it is not decided that the debt will be due at the time of demand, the borrower,
The lender is not obliged to return the loan until six weeks have passed.
CHAPTER SIX
Service Agreements
FIRST SECTION
General Service Agreement
A. Definition
ARTICLE 393- The service contract is a specific or specific contract of the worker dependent on the employer.
not working for a period of time and the employer pays him according to the time or the work done.
contract he undertakes.
The employee's regular performance of a part-time service to the employer
The contracts it undertakes are also service contracts.
The provisions regarding the general service contract are also applicable to the apprenticeship contract by analogy.
applied; special law provisions are reserved.
B. Establishment
ARTICLE 394- The service contract is in a special form unless there is a contrary provision in the law.
is not connected.
A person can do a job that can only be done for a fee according to the requirements of the situation.
for a time and if this job is accepted by the employer, a service contract between them
deemed established.

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The service contract, whose invalidity is subsequently understood, remains valid until the service relationship is terminated.
gives rise to all the terms and consequences of a valid service contract.
C. Employee's debts
I. Personal work debt
ARTICLE 395- Unless otherwise understood from the contract or the situation, the worker
is responsible for performing the assigned work himself.
II. Debt of care and loyalty
ARTICLE 396- The worker is obliged to do the work he undertakes diligently and to protect the employer's rightful
must act faithfully in its protection.
Worker, employer's machinery, tools and equipment, technical systems, facilities and vehicles
handed over to him for duly use and for the work to be done with them.
responsible for taking care of the material.
As long as the service relationship continues, the employee is paid a wage in violation of the loyalty obligation.
In return, it cannot provide service to a third party and especially cannot compete with its own employer.
The worker, the information he learned during the job, especially the production and business secrets,
cannot use it for his own benefit or disclose it to others during the continuation of the relationship. your employer
To the extent necessary for the protection of his rightful interests, the worker may be discharged from the termination of the service relationship.
then he is responsible for keeping it a secret.
III. Delivery and accountability debt
ARTICLE 397- The worker receives from the third party for the employer during the execution of the work undertaken.
to immediately hand over things, especially money, to him, and to account for them.
liable.
The worker must immediately hand over to the employer the things he has obtained due to the performance of the service.
liable.
IV. Overtime debt
ARTICLE 398- Overtime is the normal working period determined in the relevant laws.
It is work done on and with the consent of the worker. However, working longer than usual
an obligation to perform a job that requires it arises, the worker is in a position to do it
and at the same time, if his avoidance is against the rules of honesty, the worker will be compensated.
is liable for overtime work.
Provisions in special laws are reserved.
V. Obligation to comply with regulations and instructions
ARTICLE 399- The employer shall provide general information regarding the performance of the job and the behavior of the workers at the workplace.
can make arrangements and give them special instructions. Workers adhere to these rules of honesty.
they must comply to the required extent.
VI. Worker's responsibility
ARTICLE 400- The worker is responsible for all kinds of damage caused to the employer by fault.
In determining this responsibility; whether the job is dangerous, its expertise and training
skills and abilities of the worker known or required to be known by the employer.
qualities are taken into account.

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D. Employer's debts
I. Payroll debt
1. Fee
a. generally
ARTICLE 401- The employer, the worker determined in the contract or collective bargaining agreement;
In cases where there is no provision in the contract, the precedent fee, not less than the minimum wage,
liable to pay.
b. Overtime pay
ARTICLE 402- The employer shall pay the worker at least fifty percent of the normal working wage for overtime work.
liable to pay more.
Instead of overtime wages with the consent of the employee, the employer may pay overtime at an appropriate time.
proportionally allowed.
c. Getting a share of the result of the work
ARTICLE 403- With the contract, the worker is determined from the amount produced together with the wage, turnover or profit.
If it is decided to give a share, this share at the end of the accounting period, legal provisions or
generally determined by taking into account accepted commercial principles.
In cases where it is decided to give a certain share to the worker, in the calculation of the share,
If there is no agreement, the employer may give the employee or his place, in a jointly agreed upon decision or appointed by the judge.
to provide information to the expert and the books and documents related to the enterprise that form the basis of the information
submit for review; If it has been decided to give a share of the profit, the employer, upon his request, may give to the worker.
also has to submit the year-end profit and loss statement.
D. brokerage fee
ARTICLE 404- A wage by the employer for the worker to act as an intermediary in certain jobs.
If it is decided that the payment will be made, with the valid establishment of the intermediary transaction with a third party.
worker's right to claim arises.
In contracts where the debts will be fulfilled in parts and in insurance contracts, each part
when the fee related to this part of the debt is due or fulfilled.
may be determined in writing.
The contract established between the employer and the third party through the mediation of the worker, the employer
If it is not performed without fault or if the third party does not fulfill its debts, the fee
the right to claim expires. In case of only partial performance, a proportional reduction is made from the wage.
Contractual obligation to the worker to keep an account of the brokerage fee to be paid to him.
If not, the employer shall not apply to the employee the transactions subject to this fee for each period in which the wage is due.
responsible for giving written account.
If the need to review the account arises, the employer, together with the employee or instead,
to inform the expert that they have decided on or appointed by the judge, and
He has to submit the books and documents related to the business to his examination.
to. Bonus
ARTICLE 405- Due to certain days such as holidays, New Year's Eve and birthdays, the employer
may give special bonuses to its workers. However, the workers' rights to claim the bonus are not covered by the agreement on this
or the existence of a working condition or unilateral commitment of the employer.
If the service contract has expired before the period in which the bonus is awarded,
The portion that reflects the time worked is paid.

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2. Payment of the fee
a. Payment period
ARTICLE 406- Unless there is a custom, the worker's wage is paid at the end of each month. But,
Shorter payment periods can be determined with a service contract or collective bargaining agreement.
Unless a shorter payment period has been agreed or customary, the brokerage fee will be
paid at the end of the month. However, processing requires more than six months.
Otherwise, if the brokerage fee is agreed in addition to the original fee, the payment will be made further by written agreement.
can be left to a date.
In cases where it is foreseen to give a share of the produced in addition to the original wage, the share of the product is determined.
is not determined, and in cases where it is decided to give a share from the turnover or profit, the share shall not exceed the accounting period.
It must be determined and paid within the following three months at the latest.
In the event that the employer's compulsory need for the worker arises and as a matter of equity,
If he is able to pay, he is obliged to give an advance in proportion to his service.
b. Protection of the wage

ARTICLE 407- Wages, premiums, bonuses and all kinds of such
by depositing the remuneration paid in that month into a specially opened bank account.
on payment; type of tax liability to which it is subject, the size of the enterprise, the employee it employs
To oblige business owners by taking into account the number of workplaces, the province where the workplace is located and similar factors,
The wages, premiums, bonuses and all kinds of remuneration of this nature to be deposited into the bank account, gross or
to determine whether it will be on the net amount remaining after deducting legal deductions
President is authorized. Wages, premiums, bonuses and all kinds of such
Business that is subject to the obligation to pay its remuneration through specially opened bank accounts
owners, wages, premiums, bonuses and all kinds of such remuneration of their workers specially opened
They cannot pay out of bank accounts. In each pay period, the employee is given a statement of account.
Banks opened privately for wages, premiums, bonuses and all kinds of remuneration of this nature.
Other procedures and principles regarding the payment by depositing in the account of the aforementioned ministries.
regulated by a joint regulation. (one)
The employer cannot exchange his receivables from the worker and his wage debt without the consent of the worker.
However, the receivables arising from a fixed damage with a judicial decision caused by the worker intentionally,
It can be exchanged as much as its lienable portion.
Agreements regarding the use of wages in favor of the employer are invalid.
3. Remuneration in case the performance of the work is prevented
a. In case of default by the employer
ARTICLE 408- If the employer prevents the fulfillment of the act of employment by fault or
If the performance is in default in acceptance, it is obliged to pay the wage to the worker, and he is obliged to pay the worker for this act.
can't ask him to do it later. However, due to this obstruction, the worker
with the expenses he saved by doing another job or knowingly avoiding earning
deducted from the benefits fee.

––––––––––––––––––
(1) With the 190th article of the Decree-Law dated 2/7/2018 and numbered 700,
“The State responsible for the Ministry of Labor and Social Security, the Ministry of Finance and the Undersecretariat of Treasury
The phrase “jointly” has been changed to “Presidential”.

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b. In case the worker stops working
ARTICLE 409- In a long-term service relationship, the worker is exempt from illness, military service or the law.
for a short period of time compared to the period of work, without any fault due to work and similar reasons.
If the employer cannot perform the act of employment, unless it is met in another way, the employee will be paid for that period.
obliged to pay a fair wage.
4. Seizure, transfer and pledge of wage receivable
ARTICLE 410- More than one fourth of the wages of the workers cannot be seized,
non-transferable and non-liable. However, for family members who are dependents of the worker, the judge
The amount to be appreciated by the company is not included in this rate. The rights of alimony creditors are reserved.
Any transfer or pledge of future wage receivables is void.
5. Piecework or lump-sum work
a. Employment
ARTICLE 411- In accordance with the contract, the worker can only be paid per piece or for an employer.
If he undertakes to do lump-sum work, the employer is obliged to give him sufficient work.
The employer, through no fault of his own, may undertake piecework or lump-sum work stipulated in the contract.
if it is unable to provide it or if the operating conditions temporarily require it.
pays the worker on a time basis. In this case, the fee to be paid over time shall be specified in the agreement or
If it is not specified in the service or collective bargaining agreement, the employer may pay the worker piecemeal or lump sum.
He is obliged to pay a wage equivalent to the average wage he previously received.
The employer, who cannot provide work per piece or on a lump-sum basis or by time, may at least
to pay the fee that it will pay for the work according to time in accordance with the provisions of default in accepting its performance.
liable.
b. unit fee
ARTICLE 412- The worker is obliged to work on a piece basis or as a lump sum in accordance with the contract
the employer, before the start of each work, notify him of the unit fee to be paid.
liable.
The employer who does not make this notification shall not pay the unit wage determined for the same or similar work.
liable to pay.
II. Business tools and supplies
ARTICLE 413- If there is no agreement or local custom on the contrary, the employer shall give the worker the necessary
Responsible for providing tools and materials.
If the worker, in agreement with the employer, has his own tool or material specific to the performance of the work, otherwise
Unless agreed in the agreement or local custom, the employer shall provide the worker with an appropriate
liable to pay back.
III. Expenses
1. In general
ARTICLE 414- The employer shall charge the worker to the workplace with all kinds of expenses required for the performance of the job.
If he is employed outside the country, he is also obliged to pay the expenses necessary for his livelihood.
In a written service or collective bargaining agreement, the worker himself
The expenses agreed to be covered are paid daily, weekly or monthly in a lump sum basis to the employee.
payment can be foreseen. However, this payment cannot be less than the amount that will cover the compulsory expenses.
Regarding the partial or complete reimbursement of compulsory expenditures by the worker himself
agreements are void.

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2. Transport vehicles
ARTICLE 415- The worker agrees with the employer for the work to be performed by the employer or himself.
If he uses a means of transport provided by him, the ordinary expenses necessary for the operation and maintenance of the vehicle,
To the extent that it is used for service, it is covered by the employer.
If the worker uses his own motor vehicle in agreement with the employer, the employer
In addition, the tax related to this vehicle, the compulsory liability insurance premium and the depreciation of the vehicle.
In return, he is obliged to pay the worker an appropriate compensation to the extent that it is used for the service.
In agreement with the employer, the worker may use other means of transport belonging to him in the performance of the service, and
If he uses his animals, the employer shall pay the usual expenses for their use and care.
is liable to meet the extent that it is used for the service.
3. Payment of expenses
ARTICLE 416- The receivable of the worker arising from the expenses incurred, for a shorter period
if not agreed upon or if there is no local custom, it will be paid each time with the fee.
If the worker regularly incurs expenses to fulfill his contractual obligations,
he is given an appropriate advance at certain intervals, at least once a month.
IV. Protection of the worker's personality
1. In general
ARTICLE 417- The employer must protect and respect the personality of the worker in the service relationship.
and ensuring an order in accordance with the principles of honesty in the workplace, especially the psychological and
to prevent them from being sexually harassed and from further harm to those who have suffered such harassment.
responsible for taking the necessary precautions.
The employer shall take all necessary measures to ensure occupational health and safety in the workplace.
to buy, to keep the tools and equipment in full; workers on occupational health and safety
obliged to comply with all measures taken.
Due to the employer's unlawful and contractual behavior, including the above provisions
damages due to the death of the worker, damage to his bodily integrity or violation of personal rights.
compensation is subject to the provisions of liability arising from breach of contract.
2. Working in the home order
ARTICLE 418- If the worker lives with the employer in a home order, the employer must provide sufficient food and
responsible for providing suitable shelter.
The worker, without fault, does not perform the act of working for reasons such as illness or accident.
if the employer cannot benefit from the social insurance benefits, the employer has worked for up to one year.
must provide for the care and treatment of the worker for a period of two weeks. Any employee exceeding one year
For the service year, the said period is increased by two days, not to exceed four weeks.
The employer does not fulfill the same obligations during the pregnancy of the worker and in case of giving birth.
responsible for bringing
3. In the use of personal data
ARTICLE 419- The employer can only use the personal data of the worker related to the worker's work inclination or
may use it to the extent necessary for the performance of the service contract.
Special law provisions are reserved.

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V. Penalty condition and release
ARTICLE 420- Penalty clause only against the worker in service contracts
is invalid.
The release agreement regarding the employee's receivables from the employer must be in writing, as of the release date.
the expiry of at least one month starting from the expiry of the contract,
clear indication of the type and amount of the receivable,
It must be done through the bank. Release agreements or releases that do not carry these elements are final.
as invalid.
Release agreements or release statements that do not contain the actual payment of the right
Other payment documents with content are like a receipt limited to the amount they contain. yet
Even so, the payments must be made through the bank.
The provisions of the second and third paragraphs apply to those who are deprived of support and other relatives of the worker.
It also applies to all indemnity claims arising from the service contract, including those they may request.
VI. Holidays and holidays
1. Weekly vacation and job search leave
ARTICLE 421- The employer shall inform the worker every week, as a rule, on Sunday or the situation and conditions.
If he does not allow this, he is obliged to give one full working day off.
In the event of termination of an indefinite-term service contract, the employer shall inform the worker within the notification period.
He is obliged to give two hours a day job search leave without any deduction in his wage.
The legitimate interests of the workplace and the worker are taken into account in determining the leave hours and days.
held before him.
2. Annual leave
a. Time
ARTICLE 422- The employer shall pay workers who have worked for at least one year for at least two weeks and eighteen
by giving paid annual leave of at least three weeks to workers under the age of 50 and workers over the age of fifty.
liable.
b. discount
ARTICLE 423- The worker, through his own fault, may work for more than one month in total in a year of service.
If the employer does not perform the service for a period of time, the employer shall take annual paid leave for each full month not worked.
can make one day discount from the time period.
The worker, through no fault of his own, within a year of service, is free of sickness, accident, legal liability.
for a maximum of three months for reasons related to his personality, such as the performance of a public office or public office.
If the employer cannot fulfill the act of working, deduction from the annual paid leave period
can't.
The employer, due to pregnancy and giving birth, performs the act of employment for a maximum of three months.
A female worker who is unable to bring an income cannot make a deduction from the annual paid leave period.
With the service or collective bargaining agreements, the second and
No regulation can be made contrary to the provisions of the third paragraph.
c. Using
ARTICLE 424- As a rule, annual paid leaves are given uninterruptedly; but the parties
It can also be used by dividing it into two by agreement.
The employer shall determine the dates of annual paid leave in accordance with the interests of the workplace or home arrangement.
determines the extent to which it takes into account the wishes of the worker.

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D. fee
ARTICLE 425- The employer shall grant annual paid leave to every worker who uses his annual paid leave.
to pay the relevant wage in advance or as an advance before the employee starts his/her leave.
obliged to give
As long as the service relationship continues, the employee will receive money and other benefits from the employer.
cannot waive the right to annual paid leave in return.
In the event that the service contract is terminated for any reason, whether the worker is entitled or not.
the fee for the annual leave periods that he/she cannot use, over the fee on the expiry date of the contract.
paid to himself or to the beneficiaries. The statute of limitations for this fee is the expiry of the service contract.
begins to operate on the date it expires.
VII. service certificate
ARTICLE 426- The employer, at the request of the worker, always provides a letter containing the type and duration of the work.
responsible for providing a certificate of service.
If the worker makes an explicit request, his ability to work in the service document
and attitudes and behaviors.
Failure to provide the service document on time or inaccurate information in the document
The worker or the new employer who hired the worker who was harmed due to the presence of the worker, compensation from the former employer.
may want.
E. Industrial and intellectual property right
ARTICLE 427- The rights of the worker and the employer on the service inventions, their
Provisions of special law shall apply to acquisition and other industrial and intellectual property rights.
F. Transfer of service relationship
I. Transfer of all or part of the workplace
ARTICLE 428 All or part of the workplace is transferred to someone else by a legal action.
when transferred, service contracts existing in the workplace or in a part of it on the date of transfer,
It passes to the transferee together with all its rights and obligations.
In terms of the employee's rights related to the period of service, his/her employment with the transferring employer
based on the start date.
In case of transfer according to the above provisions, those born before the transfer and on the date of transfer
The transferor and the transferee employer are jointly and severally liable for the debts to be paid. But,
The responsibility of the transferring employer arising from these obligations is limited to two years from the date of transfer.
is limited.
II. Transfer of contract
ARTICLE 429- A service contract can only be concluded by obtaining the written consent of the worker.
may be transferred to another employer.
With the transfer, the transferee, together with all his rights and obligations,
becomes side. In this case, the transferring employer, in terms of the employee's rights related to the period of service,
The date of employment is taken as basis.
G. Termination of contract
I. In a fixed-term contract
ARTICLE 430- Unless otherwise agreed, a fixed-term service contract is terminated.
It expires automatically at the expiry of the period, without the need for notification.

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If a fixed-term contract is implicitly maintained after its expiry
becomes a permanent contract. However, in the presence of a fundamental reason, consecutive fixed-term service
contract can be established.
Each party, after ten years of service contract for more than ten years,
may terminate in accordance with the monthly termination notice period. Termination can only take place at the beginning of the month following this period.
means.
It has been decided that the contract will end with the notice of termination, and both parties have terminated the contract.
If not, the contract becomes an indefinite term contract.
II. In an indefinite contract
1. Right of termination in general
ARTICLE 431- By complying with the termination periods of the indefinite-term contract, each of the parties
has the right to terminate.
2. Termination notice period
a. generally
ARTICLE 432- Before the termination of indefinite term service contracts, other
party must be notified.
service contract; The term of service is one year, starting from the receipt of the notification by the other party.
after two weeks for the worker who has lasted until four weeks for a worker lasting one to five years, and
It expires after six weeks for workers who have worked for more than five years.
These periods cannot be shortened; can only be increased by contract.
The employer may conclude the service contract by paying the fee for the termination notice period in advance.
may terminate.
Termination notice periods must be the same for both parties; different in contract
If deadlines are stipulated, the longest notice of termination shall apply to both parties.
In cases where the service contract is suspended, the termination notice periods do not run.
b. During the trial period
ARTICLE 433- The parties may enter into the service contract with a trial period, provided that it does not exceed two months.
they can put If a probationary period has been set, the parties must comply with the termination period during this period.
may terminate the service contract without compensation.
wages and other rights of the workers for the days worked reserved.
III. Protection against termination
ARTICLE 434- The right of termination of the service contract is terminated by misuse.
In such cases, the employer is obliged to pay the employee three times the wage of the notice period of termination.
liable.
IV. Immediate termination
1. Terms
a. justifiable reasons
ARTICLE 435- Each of the parties may terminate the contract immediately for justifiable reasons.
The party terminating the contract must notify the reason for termination in writing.
Continuing the service relationship in accordance with the rules of honesty from the party that terminates the contract.
All unexpected circumstances and conditions are considered justifiable reasons.

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b. Employer's inability to pay
ARTICLE 436- In case of the employer's inability to pay, the worker
If their rights are not secured by the employer within a reasonable time, the contract shall be terminated immediately.
may terminate.
2. Results
a. Termination for just cause
ARTICLE 437- The rightful termination reasons are due to the failure of one of the parties to comply with the contract.
If it has been born, that party shall take into account the damage caused and all rights based on the service relationship.
is responsible for its complete elimination.
In other cases, the judge, with just cause, taking into account all the facts and circumstances.
freely evaluates the material consequences of the termination.
b. Termination without just cause
ARTICLE 438- If the employer immediately terminates the service contract without just cause, the worker
for indefinite-term contracts, the termination notice period; In fixed-term contracts, the contract
in case of non-compliance with the period, the amount that he could have won if these periods had been complied with, compensation
as you may request.
Due to the termination of the employee's service contract in a fixed-term service contract
the amount he has saved and the income he has earned from another business or deliberately avoided,
deducted from compensation.
The judge may also freely choose the amount, taking into account all the facts and circumstances.
may decide to pay the employee a compensation to be determined; however, the compensation to be determined
The amount cannot be more than six months' wages of the worker.
c. Employee not starting or leaving work unjustly
ARTICLE 439- The worker does not start work without a just cause or quits suddenly.
In this case, the employer has the right to demand compensation equal to one-fourth of the monthly wage. your employer,
He also has the right to request compensation for additional damages.
If the employer has not suffered any damage or the damage suffered is less than one quarter of the monthly wage of the worker.
the judge may reduce the compensation.
If the right to demand compensation is not terminated by barter, the employer may
within thirty days of starting or leaving work, by litigation or prosecution.
must exercise his right. Otherwise, the right to claim compensation is lost.
V. Death of the worker or employer
1. Death of the worker
ARTICLE 440- The contract automatically terminates upon the death of the worker. employer, employee's right
his remaining spouse and minor children, or his/her dependents, death
one month starting from the day of; If the service relationship has continued for more than five years,
liable to pay a fee.
2. Death of the employer
ARTICLE 441- In the event of the employer's death, heirs take his place. In this case, the workplace
Provisions regarding the transfer of all or part of the service relationship
applied by comparison.

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If the service contract is established by taking into account the personality of the employer,
automatically ends with his death. However, if the worker's contract expires before its expiration
may request a fair compensation from the heirs for the damage suffered due to
VI. Consequences of expiration of the contract
1. Debts are due
ARTICLE 442- With the expiration of the contract, all debts arising from the contract are due.
happens.
The moment of maturity, in legal relations established through the mediation of the worker, the third party
if the debt assumed will be fully or partially fulfilled after the end of the service contract
to six months; a year in relationships involving periodic acts; in insurance contracts or performance less than six months
In the case of works that are spread over a long period of time, it can be postponed up to two years with a written agreement.
In cases where it is foreseen to give a share from the produced, as soon as the product share is determined, the turnover is deducted.
or in cases where it is decided to give a share of the profit, the share shall be paid no later than three months following the accounting period.
eventually becomes due.
2. Obligation to return
ARTICLE 443- In case of termination of the contract, each party
by giving back to the other person what he has received in connection with the service, from a third party
liable.
The worker, especially the motor vehicles and traffic permit documents, is more than his receivables.
is obliged to pay back the advances on wages and expenses to a certain extent.
The rights of imprisonment of the parties are reserved.
VII. Competition ban
1. Terms
ARTICLE 444- The worker who has the capacity to act, against the employer, after the expiration of the contract.
then from competing with it in any way, especially a competitor business on its own account.
open, work for another competitor, or otherwise,
may undertake, in writing, to refrain from engaging in such a conflict of interest.
Non-compete registration can only be granted to the employee by the service relationship, customer environment or production secrets or
provides the opportunity to obtain information about the employer's work and at the same time
It is valid if its use is of such a nature that it will cause a significant harm to the employer.
2. Limitation
ARTICLE 445- The prohibition of competition is a violation of the economic future of the worker against equity.
Inappropriate limitations in terms of place, time and type of work, endangering
and its duration cannot exceed two years, except for special circumstances and conditions.
The judge may freely prohibit the prohibition of excessive competition, all situations and conditions.
to evaluate and to consider in an equitable manner the counter-action that the employer may have undertaken.
may limit it in terms of scope or duration.
3. Consequences of deviant behavior
ARTICLE 446- The worker who violates the prohibition of competition, as a result of this, the employer
responsible for all damages incurred.
If the illegal behavior is subject to a penalty condition and there is no contrary provision in the contract.
otherwise, the worker can get rid of his debt related to the prohibition of competition by paying the prescribed amount; However, the worker
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Except for the penalty clause and the payment of additional damages that may arise, the employer, written in the contract,
the importance of his interests infringed or threatened, provided he expressly reserves
If the employee's behavior justifies it, he can also ask for an end to the illegal behavior.
4. Termination
ARTICLE 447- The prohibition of competition means that the employer has a real benefit in maintaining this prohibition.
terminates if it is not determined.
A contract is a contract that can be imposed by or on the employer without just cause.
If it is terminated by the worker for any reason, the prohibition of competition ends.
SECOND SECTION
Marketing Agreement
A. Definition and installation
I. Definition
ARTICLE 448- A marketing contract is a contract whereby the marketer is a commercial enterprise on a permanent basis.
to act as an intermediary in the execution of all kinds of transactions outside the owner's employer's account and business, or
if there is a written agreement, to carry out the transactions specified in this agreement,
It is a contract in which he undertakes to pay a fee in return.
II. Establishment
ARTICLE 449- Marketing contract, the duration of the contract, its expiration,
marketer's powers, how fees and expenses will be paid,
If the place is in a foreign country, it includes the applicable law and the competent court.
The matters stipulated to be included in the contract pursuant to the above paragraph are determined by the parties.
If not specified, the provisions of the law and customary service conditions apply.
B. Obligations and powers of the marketer
I. Obligations
ARTICLE 450- Unless there is a justifiable reason that obliges the marketer not to comply with the instruction,
obliged to visit customers in accordance with the instruction given to him; employer's permission
Unless otherwise, it cannot act as an intermediary on its own or third parties' accounts.
If the marketer is authorized to trade, the prices stipulated in the instruction and other action
must comply with its terms; Unless the employer consents, they cannot be changed.
Provide detailed information on a regular basis to the marketer regarding marketing activities,
to deliver the orders received to the employer immediately and to take important events concerning the customer environment.
responsible for reporting.
II. Warranty
ARTICLE 451- The marketer is responsible for the non-payment of customers or other
will be liable for their failure to fulfill their obligations or to be held for the collection of receivables.
Agreements that will fully or partially cover the costs are absolutely void.
If the marketer is dealing with his clientele, he is performing the obligations of the clients.
not exceeding one-fourth of the damage to be incurred by the employer in each transaction.
may undertake to reimburse in writing, provided that an appropriate additional commission is agreed.

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Marketers acting as an intermediary in insurance contracts may pay for all or one part of a premium.
Due to the non-payment of the part, applying to a lawsuit or enforcement proceeding for the collection of this
in writing, that they will cover at most half of the costs to be incurred for this purpose.
they can undertake.
III. Powers
ARTICLE 452- Unless there is a written agreement to the contrary, the marketer may only act as an intermediary in transactions.
is authorized to do so.
If the marketer is authorized to transact, his authority shall be entitled to all necessary actions for the execution of such works.
covers ordinary legal acts and acts; cannot collect from customers unless special authorization is given, and
cannot change payment days.
C. Special obligations of the employer
I. Field of activity
ARTICLE 453- In a certain marketing area or to a certain customer, the marketer
the employer, unless authorized to operate in its vicinity and a written agreement to the contrary
cannot authorize others to operate in the same area or environment; However, he is the third
can deal with individuals.
Changing the provision of the contract regarding the marketing area or customer environment
If there is a reason that requires the employer, the said provision, the termination notice period in the contract.
even if it is foreseen, it can change it unilaterally without complying with this period; however, in this case
The marketer reserves the right to terminate the indemnity and service contract with just cause.
II. Fee
1. In general
ARTICLE 454- The employer may pay the marketer only a certain amount or with this amount.
is liable to pay a commission fee.
Written agreement that all or a significant part of the fee will consist of the commission,
provided that the agreed commission constitutes appropriate compensation for the marketer's activity.
valid.
The fee to be paid for the trial period can be freely agreed upon. However, the trial period is two
The moon cannot pass.
2. Commission
ARTICLE 455- The marketer is a certain marketing area or in a certain customer environment.
if the authority to operate is given only to him, he or the employer
payment of the agreed or customary commission on all his work in the
may want.
Authorization to operate in a specific marketing area or specific customer environment
if it is given to others along with the marketer, the marketer can only be given an intermediary
or a commission is paid for the work done in person.
At the time of the commission's due date, the value of the work done has not yet been determined.
cannot be determined, the commission will be paid first over the customary minimum value, and the remainder at the latest at the time of the work.
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3. Obstruction of marketing activity
ARTICLE 456- The marketing business of the marketer, without his own fault
becomes impossible, and even in this case, a fee will be paid by contract or by law.
if necessary, the fee is based on a fixed fee and appropriate compensation for loss of commission.
determines. However, if the commission is less than one-fifth of the fee, compensation for loss of commission
It may be agreed in writing that it will not be paid.
The marketer does not have the opportunity to conduct the marketing business through no fault of his own.
despite the fact that he has received his full salary, at the request of the employer, he can do and
he is obliged to do the work that can be expected of him in his business.
III. Expenditures
ARTICLE 457- The marketer can also operate for the account of more than one employer.
each employer, unless otherwise agreed in writing,
equally obliged to participate.
Regarding the inclusion of expenses in the fixed fee or commission in whole or in part
agreements are absolutely void.
IV. Right to prison
ARTICLE 458- Due receivables arising from the marketing relationship and the employer's payment
securing receivables that are not yet due
for the marketer, movables, negotiable papers and received from customers based on collection authority.
He has the right to jail over the money he has.
The marketer shall provide the vehicle and transport documents, price schedules, customer records and
cannot retain other documents.
D. Termination
I. Special termination period
ARTICLE 459- The commission constitutes at least one-fifth of the fixed fee and
affected by seasonal fluctuations, since the previous season ended
contract of the marketer who continued to work with him for two months during the new season.
may be terminated by complying with the termination period.
Under the same conditions, the marketer can keep himself up until the end of the previous season.
against the employer who has employed and continues to employ
may terminate the contract by complying with the two-month termination period until the commencement of the contract.
II. Special results
ARTICLE 460- In case of termination of the contract,
Regardless of all the transactions it mediates and the time of acceptance and fulfillment,
A commission is paid for all orders delivered to the employer until the end of the contract.
In the event that the contract is terminated, the marketer is obliged to engage in marketing activities.
samples and models given to him, price tariffs, customer records and other
obliged to return the documents to the employer. However, the marketer's right to imprisonment is reserved.

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THIRD SECTION
Home Service Agreement
A. Definition and working conditions
I. Definition
ARTICLE 461- Home service contract means the job given by the employer in the employee's own home or
to see him in person or with family members for a fee at another place he determines
contract he undertakes.
II. Notification of working conditions
ARTICLE 462- The employer, every time a new job is assigned to the worker,
and it reports job-specific features; material to be provided by the worker, if necessary,
how much he will pay him for the supply of the material and what he will pay for the work
and informs the employee of the wage in writing.
The price to be paid for the material and the price to be paid for the work prior to the assignment of the work shall be stated in writing.
If not notified, the usual price and fee applied in these works shall be paid.
III. Employee's private debts
1. Getting the job done
ARTICLE 463- The worker is obliged to start the work on time, to finish the work at the agreed time and
is obliged to deliver the result of the work to the employer.
If the work is seen as defective due to the fault of the worker, the worker shall bear the defects that can be eliminated,
has to pay for it at his own expense.
2. Material and work tools
ARTICLE 464- If the materials and work tools are provided by the employer, the worker
to use it with care, to be accountable for this, and to use the remaining materials and work tools.
is also responsible for handing it over to the employer.
While the worker is performing the work, he/she is determined that the material or work tools delivered to him/her are defective.
determines the situation, immediately notifies the employer and waits for his instructions before continuing the work.
The worker, through his own fault, renders the materials or work tools delivered to him unusable.
If it does, it is liable to the employer up to the current value on the day it becomes unusable.
IV. Private debts of the employer
1. Acceptance of the product
ARTICLE 465- The employer examines the product produced and delivered by the worker; the faults he found
notifies the worker within one week starting from the delivery. If the notification is not made in due time, the product
deemed to have been accepted in its current state.
2. Fee
a. Payment
ARTICLE 466- The wage of the work done, the employee, the employer is employed uninterruptedly.
otherwise, once every fortnight or with the consent of the worker, once a month; If operated intermittently,
payable on each delivery of the product.
A statement of account is given to the worker each time a wage is paid. In the account statement, deductions, if any,
The amount and the reason are also shown.

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b. In case of interruption of work
ARTICLE 467- The employer, who employs the worker continuously, is in default in accepting the product.
working without any fault or for reasons arising from the employee's personality
related to the payment of the fee in the event that the performance of the service is prevented.
In accordance with the provisions, he is obliged to pay his wages. In other cases, the employer may comply with these provisions.
not liable to pay any fees.
V. Termination
ARTICLE 468- If the worker has been given a job for trial purposes, unless otherwise agreed,
The contract is deemed to have been established for a trial period.
If the worker is employed continuously by the employer, unless otherwise agreed,
the contract is deemed to have been concluded for an indefinite period; in other cases, the contract is made for a certain period of time.
acceptable.
B. Application of general provisions
ARTICLE 469- Provision on marketing contract and home service contract
In cases where the service contract is not available, the general provisions of the service contract apply.
CHAPTER SEVEN
Work Contract
A. Definition
ARTICLE 470- The contract of work requires the contractor to create a work, and the employer to create a work.
It is a contract in which he undertakes to pay a price for it.
B. Provisions
I. Obligations of the contractor
1. In general
ARTICLE 471- The contractor undertakes to protect the legitimate interests of the employer.
He must perform it with devotion and care.
In determining the responsibility of the contractor arising from the duty of care,
in accordance with the professional and technical rules that a prudent contractor undertaking the works should demonstrate.
behavior is based.
The contractor is responsible for making the work to be produced directly himself or for his own
under its management. However, in the creation of the work, the contractor's
If his personal characteristics are not important, he can get someone else to do the job.
Unless there is a custom or agreement to the contrary, the contractor is responsible for the creation of the work.
He has to provide himself the tools and equipment to be used.
2. In terms of material
ARTICLE 472- If the material is provided by the contractor, the contractor shall
It is liable to the business owner, like the seller, because it is defective.
If the material has been provided by the employer, the contractor shall dispose of them with due care.
He is obliged to use it and therefore to give back the account and the surplus.

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While creating the work, the material or work provided by the employer is used to make the work.
It is understood that the place shown is defective, or the work is not done properly or on time.
If another situation arises that would endanger the delivery of
must notify the employer; If he does not notify, he will be responsible for the consequences that may arise.
3. Business start-up and execution
ARTICLE 473- Contractor does not start work on time or does not comply with the contract provisions.
unlawfully delaying the work or delay arising from a reason that cannot be attributed to the employer
It is clear that, according to all estimates, the contractor will not be able to complete the work in the agreed time due to
If it is understood, the employer will withdraw from the contract without having to wait for the day determined for delivery.
can return.
During its creation, the work is defective or damaged due to the fault of the contractor.
If it is clear that it will be created in violation of the contract, the employer will take steps to prevent this.
to the contractor, within a reasonable period of time to be given or to be given, to the contractor of the defect or violation.
elimination; otherwise, repair or work is done at his own risk and expense.
may warn that the continuation will be given to a third party.
4. Liability due to defect
a. Identification of the defect
ARTICLE 474- After the delivery of the work, the employer finds the opportunity according to the ordinary course of business.
to review the work and, if there are any defects, notify the contractor within a suitable time.
has to.
Each of the parties, at their expense, to have the work reviewed by the expert.
and may request that the result be determined by a report.
b. Optional rights of the employer
ARTICLE 475- In cases where the contractor is responsible for the defect in the work, the employer,
may exercise one of the following optional rights:
1. The owner of the work cannot use it or be compelled to accept in accordance with fairness.
If it is defective to the same extent or contrary to the provisions of the contract to the same extent, withdrawal from the contract.
2. Retaining the work and asking for a discount at the rate of defects.
3. Unless it requires an excessive cost, all expenses belong to the contractor,
request a free repair of the work.
The employer's right to claim compensation in accordance with the general provisions is reserved.
The work was made on the owner's immovable and its dismantling and removal would cause excessive damage.
The employer cannot use the right to withdraw from the contract.
c. Responsibility of the employer
ARTICLE 476- If the work is defective, despite the clear warning of the contractor,
if it arises from the instruction given or can be imposed on the employer for any reason.
The employer cannot use the rights arising from the defectiveness of the work.
D. Acceptance of the work
ARTICLE 477- After the explicit or implicit acceptance of the work, the contractor
is relieved of responsibility; however, deliberately concealed by him and duly reviewed
Responsibility for defects that cannot be noticed during operation continues.
If the employer neglects to review and notify, he has accepted the work.
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If the defect in the work is discovered later, the employer should report the situation to the contractor without delay.
must notify; If not, the work is deemed to have been accepted.
to. Time out
ARTICLE 478- If the contractor has produced a defective work, lawsuits to be filed for this reason,
two years, starting from the delivery date, for works other than immovable structures; in immovable buildings
five years and if the contractor has a serious fault, twenty years regardless of the nature of the defective work.
expires with the passage of time.
II. Employer's debts
1. Due date
ARTICLE 479- The employer's debt payment becomes due at the time of delivery of the work.
If it has been decided to deliver the work piece by piece and the price has been determined according to the pieces,
The cost of each piece is due at the time of its delivery.
2. Price
a. lump sum
ARTICLE 480- If the price is determined as a lump sum, the contractor shall not undertake the work for that price.
responsible for bringing Even if the work required more labor and expense than anticipated
The contractor cannot request an increase in the determined price.
However, it is unforeseen or foreseeable but not taken into account by the parties.
situations that are not kept, prevent the production of the work with a lump-sum price determined by the parties or
If the degree of difficulty makes it difficult, the contractor may request the adaptation of the contract to the new conditions from the judge,
the right to withdraw from the contract if it is not possible or expected from the other party.
has. In cases where the rules of integrity require, the contractor may only exercise the right of termination.
can use.
Even if the work required less labor and expense than envisaged, the employer must pay the specified price.
liable to pay in full.
b. price by value
ARTICLE 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 contract
I. Exceeding the approximate cost
ARTICLE 482- It is the fault of the employer that the approximate price determined at the beginning
If it is understood that it will be exceeded excessively without
can withdraw from the contract after completion.
If the work is done on the land of the employer, the employer must pay an appropriate amount from the price.
may request that the work be downloaded, or if the work is not yet completed, the contractor may be dismissed from continuing the work.
contract by paying an equitable price for the completed part.
may terminate.
II. The disappearance of the work
ARTICLE 483- If the work disappears as a result of an unexpected event before delivery, the employer may
Unless the contractor is in default on delivery, the contractor must pay the price and expenses of the work he has done.
can't ask. In this case, the damage to the material belongs to the supplier.

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The material given by the owner of the work or the fault of the land shown or the owner's fault
In case of destruction due to being done in accordance with the instructions, the contractor shall
if he has reported the results in a timely manner, the value of the work he has done and the expenses that do not fall into this value.
may request payment. If the employer is at fault, the contractor also has the right to compensate for the damage.
has the right to demand.
III. Termination in return for compensation
ARTICLE 484- The employer receives the compensation for the part made before the completion of the work.
may terminate the contract provided that the contractor pays all the damages and compensates for all the damages.
IV. Impossibility of performance because of the employer
ARTICLE 485- Completion of the work is due to an unexpected event related to the employer.
If it becomes impossible, the contractor may request the value of the work he has done and the expenses that do not fall into this value.
If the employer is at fault in the occurrence of the impossibility of performance, the contractor's additional compensation
has the right to demand.
V. Contractor's death or loss of ability
ARTICLE 486- Considering the personal characteristics of the contractor,
contract, his death or his loss of ability to complete the work without fault
terminates automatically. In this case, the employer is responsible for the completed part of the work.
If he can benefit from it, he is obliged to accept it and give it back.
CHAPTER EIGHT
Publication Agreement
A. Definition
ARTICLE 487- The publication contract is the contract of the owner or successor of an intellectual and artistic work, that work.
to leave it to the publisher for publication, and the publisher undertakes to reproduce it and publish it.
is a contract.
B. Shape
ARTICLE 488- The validity of the publication contract depends on whether it is made in writing.
C. Terms
I. Passage of the right to publish and liability
ARTICLE 489- The rights of the owner of the work with the publication contract, the performance of the contract
It passes to the publisher to the extent and for the period required.
The publisher, against the publisher, has the right to have the work published at the time the contract is concluded.
It is responsible for the absence of copyright, if the work is protected, as well as for the absence of copyright.
is responsible.
All or part of the work has been left to another publisher for publication, or
If it is published under the knowledge of the publisher, the publisher is responsible for the conclusion of the publication contract.
must first notify the other party of this.
II. Publisher's right of disposal
ARTICLE 490- Unless the period agreed in the contract expires or the period
unless the customary time has passed for the agreed number of prints to expire.
may not dispose of all or part of it to the detriment of the publisher.

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Short articles in periodicals can be published by the publisher at any time and elsewhere.
can be published.
Publisher, the parts of a collected work or long articles published in magazines.
The articles cannot be republished until three months have passed from the end of the publication.
III. Determination of the number of prints and the number of prints
ARTICLE 491- If the number of editions is not specified in the contract, the publisher can only publish one edition.
has the right to do so.
The parties have to decide the duration of the contract or the number of prints.
In the contract, the publisher is authorized to make certain editions or all new editions.
If the publisher neglects to make a new edition while the number of editions of the work has been exhausted,
the publisher gives the publisher an appropriate time for the new edition. Publisher to print within the given time
if it does not; The publisher may withdraw from the contract.
IV. Replication and distribution
ARTICLE 492- The publisher may submit the work without making any abbreviations, additions or changes.
is responsible for duplicating it; In addition, necessary promotion and distribution to increase sales
and must take every precaution in this regard.
The publisher determines the selling price, provided that it does not make it difficult to sell the work.
V. Correction and improvement
ARTICLE 493- Not to harm the interests of the publisher and to take his responsibility
Provided that it does not increase the work, the owner of the work can correct and improve the work, and his successors can only
can update. Although this correction and improvement is required, it is not foreseen in the contract.
The costs are borne by the publisher.
The publisher does not allow the owner of the work to improve his work and to update his successors.
cannot make a new edition and reproduce it.
VI. Published together and published separately
ARTICLE 494- The right of a work owner to publish more than one work separately belongs to the publisher.
It does not authorize them to be printed together.
In the same way, all the works of the author or only one type of them together.
The right to publish does not give the publisher the right to print and distribute each of them separately.
VII. translation right
ARTICLE 495- The transfer of the translation right to the publisher must be clearly stated in the contract.
depending on what has been specified.
VIII. Right to charge
1. Determination of the price
ARTICLE 496- Unless otherwise agreed in the contract, the one who has it published, pays the price.
may want.
If the amount to be paid is not certain in cases where the price must be paid, the price shall be determined by the judge.
determines.
If the publisher has the right to make more than one edition, the agreed price for the first edition and
It is deemed to be accepted that other conditions will also apply to subsequent editions.

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2. Time of payment, sales accounts and right to receive freebies
ARTICLE 497- If the work is to be published as a whole, the total amount ; skin, fascicle, form
If it will be published in sections such as
payable after delivery.
If the parties have tied the price to the sales amount, the publisher is responsible for keeping and removing sales accounts.
and is obliged to prepare the proving documents in accordance with the custom.
Unless otherwise agreed, the publisher's deduction from the work, which must be given in accordance with custom
amount free of charge.
D. Termination
I. The disappearance of the work
ARTICLE 498- Even if the work is destroyed as a result of an unexpected situation after delivery to the publisher,
The publisher is responsible for paying the fee.
If he has another copy of the work, the owner of the work should give this copy to the publisher.
must; if it can be reproduced with little effort
The owner of the work is obliged to deliver the work by creating it. In both cases, the author
may demand an appropriate response.
II. The disappearance of the printed
ARTICLE 499- Whole or part of the completed edition of the work may be put up for sale.
If it is destroyed as a result of an unexpected situation before it is presented, the publisher also pays a fee to the publisher.
He can reprint the amount that has disappeared without paying, at his own expense.
If the publisher is able to replace those that have disappeared without excessive expense,
obliged to do so.
III. Termination for personal reasons
ARTICLE 500- The owner of the work dies before completing the work or his ability to complete it
loses the work or if it becomes impossible to complete the work through his own fault, the contract
ends automatically. However, the performance of all or part of the contract
If it is found possible and equitable, the judge will allow the contractual relationship to continue and
may decide to make the necessary changes.
If the publisher goes bankrupt, the publisher may give the work to another publisher; However, at the time of bankruptcy
If assurance has been shown that the debt not yet due will be fulfilled, the publisher
cannot give the work to another publisher.
E. Publishing contract to order
ARTICLE 501- One or more people can create a work according to the plan determined by the publisher.
If they undertake to bring it in, they are only entitled to the contractually agreed fee.
In this case, the financial rights subject to the contract belong to the publisher.
CHAPTER NINE
Proxy Relations
FIRST SECTION
Power of Attorney
A. Definition
ARTICLE 502- The contract of attorney is the duty of the attorney to see or perform a job of the person giving the attorney.
the contract he undertakes to make.

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Provisions pertaining to the power of attorney are included in this Law to the extent that they comply with their qualifications.
It also applies to employment contracts that are not regulated.
If there is a contract or custom, the attorney is entitled to a fee.
B. Establishment
ARTICLE 503- The person who is offered a job is not an official person to see this job.
has the title or if the job is required by his profession, or that he will accept such jobs.
a mandate contract has been established, unless this proposal is immediately rejected by him.
counted.
C. Terms
I. Scope of the power of attorney
ARTICLE 504- If the scope of the power of attorney is not clearly indicated in the contract,
determined by its nature.
The power of attorney, in particular, the legal procedures necessary for the performance of the work undertaken by the attorney.
includes the authority to do so.
Unless specifically authorized, the attorney cannot file a lawsuit, make a settlement, or apply to an arbitrator,
cannot request bankruptcy, postponement of bankruptcy and concordat, cannot commit foreign exchange,
He can't make a donation, can't be a guarantor, can't transfer immovable and can't limit it with a right.
II. Debts of the attorney
1. Performance in accordance with the instruction
ARTICLE 505- The attorney is obliged to comply with the express instructions of the attorney. But,
when it is not possible to get permission from the power of attorney, it is clear that he would have given permission had he known the situation.
In such cases, the proxy may leave the instruction.
In other cases, if the attorney leaves the instruction, the loss arising from this
Even if he has done the job, he will not have fulfilled his duty of attorney.
2. Personal performance, loyalty and care
a. generally
ARTICLE 506- The attorney is obliged to personally fulfill the attorney's debt. However, the power of attorney
In cases where it is given or if the situation is compulsory or customary makes it possible, the attorney may transfer the work to someone else.
can do.
The attorney performs the work and services he undertakes, taking into account the legitimate interests of the attorney, loyalty and
responsible for carrying it out with care.
In determining the attorney's responsibility arising from the duty of care, work and
The behavior required by a prudent attorney undertaking the services is taken as basis.
b. In case the work is done by a third party
ARTICLE 507- When the attorney goes beyond his authority and makes someone else do the job,
He is responsible as if he had done it himself.
If the proxy is authorized to give power of attorney to someone else, it is only necessary to select and give instructions.
responsible for paying attention.
In both cases, the power of attorney has the power of attorney against the person he/she replaces.
rights can be asserted directly against that person.

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3. Accounting
ARTICLE 508- The attorney, upon the request of the attorney, to give an account of the work carried out and
He is obliged to give to the power of attorney what he has received in relation to the power of attorney.
The attorney is also obliged to pay the interest of the money which is delayed in the delivery of the attorney.
4. Transfer of acquired rights to the power of attorney
ARTICLE 509- The attorney, arising from the works performed on his own behalf and for the account of the attorney.
receivables from third parties, when the power of attorney fulfills all his debts to the attorney,
automatically passes to the grantor.
In the event of the attorney's bankruptcy, the proxy gives to the bankruptcy desk that this receivable has already passed to him.
may argue against it.
movables acquired by the attorney in his own name and for the account of the attorney.
may request that the goods be left from the bankruptcy desk and given to him. The attorney's prison
The bankruptcy office also benefits from its right.
III. Obligations of the power of attorney
ARTICLE 510- The attorney giving the attorney, the expenses incurred by the attorney for the proper performance of the attorney, and
He is obliged to pay the advances he has given with interest and to save him from the debts he has undertaken.
The attorney may request from the attorney to compensate for the damage suffered due to the performance of the attorney.
However, the power of attorney can be relieved of this responsibility by proving that he has no fault.
IV. Responsibility of co-authors and co-agents
ARTICLE 511- Those who give power of attorney to a person jointly and severally against the attorney
they are responsible.
Those who undertake the power of attorney jointly are responsible for the performance of the power of attorney, and
Unless they have the right to transfer their authority to others, the person giving the power of attorney can only be considered for the acts and deeds they do together.
they may be in debt with their transactions.
D. Termination
I. Reasons
1. Unilateral termination
ARTICLE 512- The proxy and the attorney always terminate the contract unilaterally.
can end. However, the party that terminates the contract at the inopportune time may
liable for the damages incurred.
2. Death, loss of license and bankruptcy
ARTICLE 513- Unless otherwise understood from the contract or the nature of the work, the contract is
or the power of attorney's death, loss of competence or bankruptcy.
This provision also applies in the event that one of the parties is a legal entity, at the termination of this legal entity.
is applied.
If the termination of the power of attorney endanger the interests of the power of attorney,
or his heir or representative, until he or she is able to see the affairs on his own, the proxy
or his heir or his representative is obliged to continue to perform the power of attorney.
II. Terms
ARTICLE 514- From the works done by the attorney before learning that the contract has ended,
The proxy or his heirs are responsible as if the contract is continuing.

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SECOND SECTION
Letter of Credit and Order of Credit
A. Letter of credit
ARTICLE 515- The letter of credit is determined by the sender of the letter by determining an upper limit for the sent.
or in the amount to be requested by the specific person who will benefit from the letter of credit, without specifying
It is a document containing the power of attorney to give money and similar things. letter of credit, power of attorney
subject to the terms of the contract and transfer.
The person who will benefit from the letter of credit given without determining the upper limit,
makes an excessive request that is not clearly in line with the relationship between those concerned with this letter
letter sent, notify the sender of the situation and defer payment until a reply is received.
has to.
Power of attorney given by letter of credit, but accepted by the sender for a certain amount
if applicable.
B. Credit order
I. Definition and form
ARTICLE 516- A person is under the responsibility of the person who gave the loan order on his own behalf and account.
has received and accepted an order to extend or renew a loan to a third party,
As long as the order does not exceed the given power of attorney, the person who gives the order is responsible for the loan debt as a guarantor. But,
The giver of the order is not responsible unless the credit order is in writing.
II. Incompetence of the beneficiary of the loan order
ARTICLE 517- The person giving the loan order asserts the incompetence of the beneficiary of the loan order.
cannot avoid liability to the person who is given a loan order.
III. Preliminary giving of credit order
ARTICLE 518- The person who is given a loan order automatically gives an advance to the beneficiary of the loan order.
or neglects to apply to the beneficiary of the loan order despite being instructed,
The giver of the order is relieved of responsibility.
IV. Relationship between the parties
ARTICLE 519- The relationship between the lender of the loan order and the beneficiary of the loan order, with the guarantor.
The provisions regulating the relationship between the principal debtor are applied.
THIRD SECTION
Brokerage Agreement
A. Definition and form
ARTICLE 520- Brokerage contract, the establishment of a contract between the broker and the parties
undertakes to prepare or mediate the establishment of the opportunity and
It is a contract in which it is entitled to a fee if it is established.
As a rule, the provisions regarding the proxy are applied to the brokerage contract.
The brokerage agreement on immovables is not valid unless it is made in writing.

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B. Fee
I. Deserving time
ARTICLE 521- The broker is entitled to remuneration only if a contract is concluded as a result of his activity.
wins.
If the contract established as a result of the broker's activity is subject to a delaying condition, the fee,
payable if the condition is met.
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 conclusion of the contract,
is paid.
II. Determination of the fee
ARTICLE 522- If the fee is not determined, it is paid according to the tariff, if there is no tariff, it is paid according to the custom .
III. Broker's loss of rights
ARTICLE 523- The broker, acting contrary to the debt he has undertaken, may benefit the other party.
If he acts or takes a wage promise from the other party in violation of the rules of good faith, the wage and
loses its rights to the expenses incurred.
IV. marriage brokerage
ARTICLE 524- No lawsuit can be filed against the fee arising from the marriage brokerage and follow-up
cannot be done.
V. Discount
ARTICLE 525- If an excessive fee is agreed in the contract, upon the request of the debtor, this
The fee can be reduced by the judge in an equitable manner.
CHAPTER TEN
Working without a Power of Attorney
A. Rights and obligations of the employee
I. Seeing the work
ARTICLE 526- A person who works for someone else without a power of attorney ,
he is obliged to see it in accordance with his interests and assumed will.
II. Responsibility
ARTICLE 527- The employee without a power of attorney is responsible for all his negligence. However, this employee
If he has done the work to eliminate the harm or danger of harm faced by the employer,
rated as lighter.
If the employee has done this job even though the employer has explicitly or implicitly prohibited it.
and if the prohibition of the employer is not against the law or morality, he is also responsible for the unexpected situation.
happens. However, even if the employee had not done that job, this loss could be incurred as a result of the unexpected situation.
If he proves that it will happen, he is relieved of responsibility.
III. Employee's incompetence
ARTICLE 528- If the employee lacks contractual capacity, he can only
accountable to the extent that he has become rich or to the amount of enrichment he disposes of in good faith.
happens.
More comprehensive liability arising from tortious acts is reserved.

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B. Rights and obligations of the employer
I. In case the work is done for the benefit of the employer
ARTICLE 529- In case the work is done for his own benefit, the employee
to pay all expenses deemed necessary and beneficial with interest,
therefore, to perform the acts he undertakes and to compensate for the damage to be determined by the judge.
liable. This provision requires due diligence in doing the work, even if the expected result is not achieved.
It also applies to the employee who has shown it.
If the employee cannot receive the expenses he has made, he will be subject to the provisions of unjust enrichment.
has the right to separate
II. In case the work is done for the benefit of the employee
ARTICLE 530- The employer, even if it is not done for his own benefit,
has the right to receive benefits; only to the extent that he becomes rich, to pay the employee's expenses and
He is obliged to redeem him from his debts.
III. In case the job is deemed appropriate by the employer
ARTICLE 531 - If the employer finds the job appropriate, the provisions of the power of attorney are applied.
CHAPTER ELEVEN
Commission Agreement
A. Buying or selling brokerage
I. Definition
ARTICLE 532- Buying or selling brokerage, broker's fee,
Buying or selling valuable papers and movables on its own behalf and for the account of the person giving the power of attorney.
contract he undertakes.
Without prejudice to the provisions in this section, the proxy provisions for commission agreements
is applied.
II. Broker's debts
1. Notification and insurance debt
ARTICLE 533- The broker is responsible for informing the proxy about his work and
In particular, he is obliged to immediately notify himself that his instruction has been fulfilled.
Unless instructed by the procurator, the broker may not do anything that constitutes the subject of the contract.
not liable for insurance.
2. Debt of care
ARTICLE 534- If the goods sent to him for sale are clearly defective, the broker,
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 immediately inform the power of attorney about the situation.
liable; otherwise, he will be liable for any damage caused by his negligence.
If the goods sent for sale are perishable in a short time, the broker,
The power of attorney is obliged to sell the goods, provided that he immediately informs the giver.

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3. The price determined by the power of attorney

ARTICLE 535- A broker who sells goods below the price determined by the proxy
If he did not sell it, he would have suffered more and the situation would have to be re-instructed.
the difference between the determined price and the selling price, unless it proves that it is not suitable
responsible for resolving it. Apart from this, the broker, if it is at fault, is contrary to its instructions.
He is also responsible for other damages suffered by the attorney due to his behavior.
The broker who buys goods below or sells more than the price determined by the power of attorney,
cannot retain the difference arising from transactions.
4. Selling on credit and payment on receipt
ARTICLE 536- The broker sells the property on credit or sells the property without the consent of the proxy.
If he pays the price without taking delivery, he has to bear the loss arising from it. However, the proxy
Unless prohibited, it may also sell the goods on credit according to the commercial practice in the place of sale.
5. Broker's guarantee
ARTICLE 537- Except for the sale of goods on credit without his authorization , the broker is not involved in the transaction.
It is not responsible for the non-payment of its debtors and non-performance of other debts.
However, if the broker has expressly warranted or so required by local business practice.
becomes responsible.
The broker giving the guarantee has the right to charge a fee for this reason.
III. Broker's rights
1. Money paid and expenses incurred
ARTICLE 538- The broker is responsible for all expenses and payments made for the benefit of the attorney.
He can ask for the money with interest.
Although the broker may transfer the storage and transportation costs to the account of the proxy,
cannot exceed the wages of its employees.
2. Commission fee
a. right to request
ARTICLE 539- When the broker performs the work given to him to pay his fee
may request, the failure to do the job is due to a reason that can be imposed on the proxy giver.
may also request.
In the event that the work cannot be done for other reasons, the broker shall only comply with the local custom of his labor.
may request compensation to be determined accordingly.
b. losing
ARTICLE 540- The broker acts contrary to the rules of honesty towards the proxy,
the right to charge, especially if he reports to him a price that is more than what he bought or less than what he has sold.
loses.
In the event that the price is shown to be different from the actual price, the power of attorney,
has the right to count the broker as the buyer or seller of the sold over the realized price.
3. Right to prison
ARTICLE 541- Prison on the price of the goods sold and the goods purchased by the broker
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4. Sale of goods by auction
ARTICLE 542- Failure to sell the goods given to the broker or withdrawal from the sales order
In the event of a power of attorney, the power of attorney is excessive to take back the property or to take other action regarding that property.
If it is delayed to a great extent, the broker will open the property by taking a decision from the court of the place where it is located.
can be sold at auction. However, if the goods are listed on the stock exchange or have a market price, or
If the value is less than the cost, the judge may also decide to make the sale in another way.
If the proxy or his representative is not present at the location of the goods, the decision to sell
The power of attorney can also be given without rest.
Except in the case of rapid depreciation of the property, the place and time of the auction shall be determined by the court.
It must be reported to the power of attorney.
5. The broker trades with him
a. Price and fee
ARTICLE 543- Bills of exchange or other bills of exchange registered in the stock exchange or with market prices
broker, power of attorney authorized to sell or buy valuable papers or commercial goods
Unless otherwise instructed by the giver, he may sell his own goods instead of the goods to be purchased.
or he can buy the goods to be sold for himself. In these cases, the broker's transaction
based on current values; the fees and expenses of the broker, which are customary in commission work,
Even in these cases, he has the right to demand.
The broker has to notify the power of attorney on the same day that such a transaction has been made.
In other cases, the terms of sale apply.
b. Do not be deemed to have made the transaction with himself
ARTICLE 544- The broker can be a buyer or seller directly.
in cases where the power of attorney is fulfilled without showing the other party of the contract.
If he notifies the giver, he is deemed to have made the transaction with himself.
c. Loss of the right to do the transaction with himself
ARTICLE 545- As soon as the news that the person giving the power of attorney has withdrawn the power of attorney reaches the broker,
the broker's right to carry out the transaction with himself is forfeited. However, before this news reached him
This provision does not apply if the broker has sent notification of the transaction.
B. Other commission work
ARTICLE 546- The movables that will be manufactured for the material to be given by the employer
commission works about, buying and selling brokerage, even if the goods are not from the same thing.
is in effect.
Businesses that are not considered as buying and selling brokerage, in return for a fee, on their own behalf and
The buying and selling broker, who undertakes the account of the proxy, and the commission works to himself
The provisions of this section are also applied to the trader who does not acquire a profession and undertakes it occasionally.
Special provisions on freight brokerage are reserved.

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CHAPTER TWELVE
Commercial Agents, Commercial Agents and Other Merchant Assistants
A. Commercial representative
I. Definition and authorization
ARTICLE 547- The commercial representative is the owner of the business to manage and operate the commercial enterprise.
to represent itself under the trade name, with the authority of commercial representation, in the related transactions,
expressly or implicitly authorized.
The owner of the business must register in the trade registry that he has been given the authority of commercial representation.
has to; however, the liability of the commercial enterprise owner for the acts of the commercial representative is
It doesn't depend on what's done.
II. Scope of representation
ARTICLE 548- The commercial representative, against bona fide third parties, on behalf of the business owner
all kinds of transactions that fall within the scope of the foreign exchange commitment and the purpose of the business on its behalf.
deemed authorized to do so.
A commercial representative may not transfer immovables or acquire a right, unless expressly authorized.
cannot limit.
III. Limitation of representation power
ARTICLE 549- Representation authority may be limited to the works of a branch.
The power of representation can also be limited on the condition that more than one person sign together.
In this case, if one of the representatives has signed without the participation of the others, the business
does not bind the owner.
Unless the above limitations on the representation authority are registered with the trade registry,
does not impose any judgment against bona fide third parties.
Other limitations on the power of representation, even if they are registered, may apply to bona fide third parties.
cannot be brought against individuals.
IV. Termination of representation
ARTICLE 550- Even if it is not registered in the trade registry where the representation authority is given,
is registered.
As long as it is not registered and announced in the trade registry where the representative authority has expired, this authority
It remains valid for bona fide third parties.
B. Commercial agent
ARTICLE 551- A commercial attorney is the authority of a commercial business owner to be a commercial representative for himself.
authorized to manage its business or to conduct some business of its business, without
is a person.
This authorization covers all the usual transactions of the enterprise. However, the commercial agent is expressly authorized
cannot borrow money or the like, cannot make a foreign exchange commitment,
cannot file a lawsuit and cannot follow the opened case.

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C. Other merchant assistants
ARTICLE 552- Commercial enterprises engaged in wholesale, semi-wholesale or retail sales
officials or their servants, within that commercial enterprise, in a place where customers can easily see.
anywhere and in a form that they can easily read, unless otherwise announced in writing,
are authorized for the following actions:
1. To carry out all the usual sales transactions of the commercial enterprise.
2. Signing invoices about the transactions for which they are authorized.
3. The performance of debts arising from the customary transactions of the commercial enterprise or their
on behalf of the owner of the notice or other statements regarding non-performance or failure to perform properly.
make; notice or other statements of this nature, in particular due to the customary transaction.
To accept the notifications of defects regarding the goods that have been sold on behalf of the commercial enterprise.
Officials or employees of commercial enterprises engaged in wholesale, semi-wholesale or retail sales.
servants outside the business and cashiers, unless they are authorized in writing.
If they are assigned, they cannot request or receive the sales prices within the enterprise. These persons are entitled to receive the sales price.
In cases where they are authorized, they are also authorized to close invoices or issue receipts.
D. Prohibition of competition
ARTICLE 553- Managing all the affairs of an enterprise or in the service of the owner of the enterprise
commercial agents, commercial agents or other merchant assistants, with the permission of the business owner
directly or indirectly for their own or a third party's account, without
They cannot carry out the kind of business that the company does, and they can not make such transactions on their own account to third parties.
They cannot make people do it.
If they act contrary to this, the owner of the business reserves the rights arising from the legal relationship between them.
may request compensation for the damage suffered, provided that the
made by the representative, commercial agent or other merchant assistant on his own account or third party
that the work he has done by people is deemed to have been done for his own account, and that the work he receives
may request the payment of the fee or the transfer of the receivable arising from the same works.
E. Powers of commercial representatives, commercial agents and other merchant assistants
expiration
ARTICLE 554- Business owner, commercial representatives, commercial proxies and other merchants
the authorities of their assistants, arising from the service, power of attorney, partnership and similar agreements between them.
can be withdrawn at any time, without prejudice to its rights.
Loss or death of the owner of the business, commercial agents, commercial
does not terminate the authority of attorneys and other merchant assistants.
CHAPTER THIRTH
Transfer
A. Definition
ARTICLE 555- Remittance is the transfer of money, valuable papers or any other form of money to the transferor's own account.
the remittance payer to give the same goods to the remittance recipient; to accept them for oneself
It is a legal transaction that authorizes the remittance recipient.

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B. Provisions
I. Relationship between the remittance and the remittance recipient
ARTICLE 556- Remittance, for the performance of the remittance's debt to the remittance recipient.
If it is done, this debt ends only when the remittance payer fulfills the debt.
The remittance recipient, who has accepted the remittance, applies to the remittance payer and
If he has not received his receivable within the specified time, this receivable will be re-admitted against the transferor.
it may take.
If the creditor remittance recipient does not want to accept the remittance, the debtor remittance
must notify the giver without delay; If he does not notify, he is obliged to compensate for the damage caused by this
happens.
II. Remittance payer's debt
ARTICLE 557- The remittance payer accepts the remittance without any reservation.
notifies its recipient, it is liable to performance and against him only on the basis of the relationship between them or the transfer.
may assert defenses arising from its content; arising from the relationship between the referrer and himself
cannot raise defenses.
If the remittance payer owes the remittance, it must fulfill the debt to the remittance recipient.
If it does not bring more burden than the performance it will make, it is obliged to perform the debt to the remittance recipient.
In this case, unless otherwise agreed between the transferor and the remittance payer, before the performance
There is no need to explain to the remittance recipient that he has accepted the remittance.
III. Notification in case of non-performance
ARTICLE 558- The remittance payer refrains from performance despite the remittance's request, or
If he declares in advance that he will not perform the remittance subject, the remittance recipient shall remit the situation without delay.
obliged to notify the giver; If he does not notify, therefore, he will not be liable for the loss incurred by the transferor.
becomes responsible.
C. Undo
ARTICLE 559- The transferor can always withdraw the authority given to the transferee.
However, the remittance consignee does not exercise the authority he gives for the benefit of the remittance, especially for the purpose of obtaining his receivable.
can't get it back.
Unless the remittance payer declares to the remittance recipient that he accepts the remittance, the remittance
can take back the authority given to him.
In case of bankruptcy of the transferor, the transfer that has not been accepted yet ends automatically.
D. Remittance on negotiable documents
ARTICLE 560- For the purpose of paying the debt to the pregnant
Regarding written transfers, the provisions of this section apply. In this case, against the remittance payer
Each bearer is considered a remittance recipient. Conversely, the relationship between the remittance and the remittance recipient
Specific rights arise only between the transferor and the transferee.
Special provisions regarding checks and policy-like money orders are reserved.

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CHAPTER FOURTEEN
Retention Agreements
A. General custody agreement
I. Definition
ARTICLE 561- Custody contract, a movable that the custodian has left to him by the custodian.
It is a contract that he undertakes to protect in a safe place.
The retainer fee, if expressly stipulated or if circumstances and circumstances so require.
may want.
II. debts of the depositor
ARTICLE 562- The depositor is obliged to pay all the expenses required by the performance of the contract.
liable.
Unless the keeper proves that it was not due to his own fault,
liable for the damages incurred.
III. Debtor's debts
1. Prohibition of use
ARTICLE 563- The depositor cannot use what is stored without the permission of the depositor.
If he violates this prohibition, he is obliged to pay a suitable usage fee to the custodian.
as it is, unless he proves that this damage would have arisen even if he had not used it,
be liable for any resulting damage.
2. Giving back
a. generally
ARTICLE 564- Even if a period is specified in the retention contract, the custodian
at his request, which he can always make, to return the hidden with all its reproductions.
liable. However, the custodian has made the custodian taking into account the determined period.
responsible for paying the costs.
b. Exceptions
ARTICLE 565- The depositor returns the stored item before the expiry of the specified period.
cannot give. However, the continuation of the contract due to unforeseen circumstances
dangerous or harmful to himself, before the expiry of the specified period.
can give.
If no time is set, the custodian can always return the stored.
If more than one person gives something for safekeeping, there is a clause to the contrary in the contract.
unless found or with the consent of all, the keeper shall not return the hid to one of them.
cannot escape responsibility.
c. place of return
ARTICLE 566- Conservation , at the expense and damage of the custodian,
returned where needed.
3. Responsibility of the custodians
ARTICLE 567- Those who buy something to keep it together are jointly and severally liable.

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4. Claims of third parties
ARTICLE 568- Even if a third party claims the same right on the stored,
unless the custodian is seized or a lawsuit is filed against the custodian, the custodian
liable to return it to the custodian.
In the event of a foreclosure or a lawsuit being filed, the one who hides the situation immediately hides it.
must notify.
IV. Don't leave it to a trusted person
ARTICLE 569- More than one person, in order to protect their rights, their legal status is contentious or
if they leave the indefinite thing to a trusted person, that person, with the consent of all the custodians or
He cannot return it to any of them, unless it is the judge's decision.
B. Preservation of like things
ARTICLE 570- The depositor has to give back the money left to him exactly.
if it is expressly or implicitly agreed to return it in kind without
The damage is his own.
If the money is left unsealed and open, it is considered a covert agreement.
Unless the custodian is expressly authorized by the custodian, the other stored
It cannot be disposed of on goods or valuable papers.
C. Don't leave the warehouse
I. Issuing a bill
ARTICLE 571- Warehouse keeper who publicly declares that he accepts commercial goods for storage,
may request from the competent authority to allow the issuance of promissory notes representing the stored property.
II. Storage debt of the warehouse keeper
ARTICLE 572- The warehouse keeper is to carefully store the goods left to him, like a broker.
and goods, if there is a change that requires additional measures, the situation will be taken into account as much as possible.
responsible for notifying the custodian.
The storekeeper shall provide the warehousing with customary work to examine the condition of the goods and to take samples.
in their time; must always give permission to take the necessary protective measures.
III. Mixed things up
ARTICLE 573- Unless the warehousing is expressly authorized, similar things of the same type and nature
cannot be confused with each other.
On such things, which are mixed on the basis of authority, each of those who keep it,
may ask for a proportional share.
In this case, the warehouse keeper can do without the need for the depositors to be present together.
may allocate the share of each of the depositors.
IV. Storekeeper's rights
ARTICLE 574- The warehouse keeper shall pay the agreed or customary warehouse fee and without hiding it.
may request all expenses such as maintenance, transportation and customs that are not incurred.
These expenses are immediately; the warehouse fee is every three months and in any case all or
paid at the time of recovery of part of it.
The warehouse keeper, by means of any deed in which the goods are in possession or representing the goods.
on these goods for his receivables, as long as he has the power to dispose of them.
has the right to imprisonment.

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V. Return of goods
ARTICLE 575 - The warehouse keeper shall return the commercial goods as in the general storage contract.
obliged to give However, due to reasons that the custodian cannot foresee in the contract,
even in cases where he has the authority to give back before, the warehouseman will not wait until the end of the agreed period.
must protect the goods.
D. Leaving accommodation, garages, car parks and similar places to operators
I. Responsibility of accommodation operators
1. Terms and scope
ARTICLE 576- Those who operate places such as hotels, motels, hostels, holiday villages,
They are responsible for the destruction, damage or theft of the goods they brought. But
operators, the damage to the person who stays or visits him, or in the accompany or at his service.
from the defect, force majeure or the quality of the goods that may be imposed on the person found
By proving that they were born, they are relieved of this responsibility.
This responsibility, unless a fault is imposed on the operators or their employees,
for each, it cannot exceed three times the daily accommodation fee.
2. Valuables
ARTICLE 577- Valuable goods or a significant amount of money or valuable papers,
If it is not left to the operator to be kept, the fault of the operator but himself or his employees
shall be liable.
If the operator has taken them for safekeeping or refrained from taking them, the full value of the goods
is responsible.
About the belongings and money and similar things that the host should keep with himself,
liability rule applies to his other belongings.
3. Elimination of responsibility
ARTICLE 578- If the stayer does not notify the operator as soon as he learns about his loss, he has the right to claim.
loses.
The operator does not assume such a responsibility or its responsibility is not specified in this Law.
Even if he declares by any means that he is bound by a condition, he cannot escape from responsibility.
II. Responsibility of operators of garages, parking lots and similar places
ARTICLE 579- Those who operate garages, parking lots and similar places,
Animals, horse-drawn carriages, their harnesses and similar goods and motor vehicles accepted by their employees
and their attachments are responsible for the destruction, damage or theft. But
the operators, the keeper of the damage or the visitor or anyone who is with him or in his service.
by proving that it arises from a defect that may be imposed, force majeure or the nature of the goods,
they are relieved of this responsibility.
However, the responsibility of the operators of garages, car parks and similar places is on themselves or
daily retention taken for each of the custodians, unless a fault is blamed on their employees
cannot exceed ten times the wage.
The operator does not assume such a responsibility or its responsibility is not specified in this Law.
Even if he declares by any means that he is bound by a condition, he cannot escape from responsibility.

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III. Right to prison
ARTICLE 580- Operators shall be responsible for the places left to them or accommodation, garage, parking lot.
on goods or animals placed in similar places, from their wages or storage expenses.
They have the right to lien to secure their claims.
The provisions regarding the lessor's right of retention are also applied here by analogy.
CHAPTER FIFTEEN
Bail Agreement
A. Definition
ARTICLE 581- The suretyship contract is the surety to fulfill the debt of the debtor against the creditor.
It is a contract in which he undertakes to be personally responsible for the consequences of his failure to do so.
B. Terms
I. Principal debt
ARTICLE 582- A surety agreement can be made for an existing and valid debt. But,
for a future or contingent debt, when such debt arises or
A surety agreement can be established to take effect when it is realized.
For a debt for which the debtor is not liable due to mistake or incompetence, personal
if the assurance giver knows, at the time of his obligation, the defect that cripples the contract,
shall be liable in accordance with the provisions of the law on bail. The same rule applies to the statute of limitations for the debtor.
It also applies to the person who is the guarantor of a debt.
Unless otherwise agreed by law, the guarantor may not pre-empt the rights granted to him in this section.
cannot waive.
II. Figure
ARTICLE 583- Unless the suretyship contract is made in writing and the surety will be responsible
It will not be valid unless the maximum amount and the date of guarantee are specified. The maximum liability of the surety
the amount, the date of the suretyship and, in the case of joint surety, in this capacity or
in his/her own handwriting in the surety contract
must be specified.
Giving special authority to act as a guarantor on its behalf and to the other party or a third party
The promise of being a guarantor to the person also depends on the same form conditions. The parties, in written form
They may decide to limit the liability of the guarantor to a certain amount of the debt.
Changes made later in the suretyship contract that increase the liability of the surety,
unless the form stipulated for the surety is complied with.
III. consent of the spouse
ARTICLE 584- Unless one of the spouses has a separation decision given by the court or legal
can be a guarantor only with the written consent of the other, unless the right to live separately is born; this consent
It must be given before the conclusion of the contract or at the latest at the time of its conclusion.
An increase in the amount that is made later in the surety contract and for which the surety will be liable.
or the conversion of the ordinary surety into joint surety or the important guarantees for the benefit of the surety.
The consent of the spouse is not required for changes that do not cause a significant decrease.
(Additional clause: 28/3/2013-6455/77 art.) The owner of the commercial enterprise registered in the trade registry or
to be given by the partner or manager of the trading company in relation to the business or company
guarantees, tradesmen or artisans registered in the tradesmen and craftsmen registry in relation to their professional activities.
Bails to be given by the craftsmen, dated 27/12/2006 and numbered 5570
Within the scope of the Law on Interest Supported Loans Executed by Banks
guarantees to be given in the loans to be used and agricultural loans, agricultural sales and tradesmen and craftsmen.
by credit and surety cooperatives and public institutions and organizations to their cooperative members.
The consent of the spouse is not sought for the sureties to be given in the loans to be used.

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C. Content
I. By Types
1. Ordinary suretyship
ARTICLE 585- In ordinary suretyship , the creditor cannot follow the surety unless he applies to the debtor;
However, he can apply directly to the guarantor in the following cases:
1. Obtaining a final insolvency certificate as a result of the proceedings against the debtor.
2. Proceedings against the debtor in Turkey become impossible or substantially
strengthening.
3. Decision of the debtor's bankruptcy.
4. The debtor has been given a concordat.
If the receivable is also secured with a pledge before or during the suretyship, the ordinary
In suretyship, the surety may request that the receivable be taken from the pledged subject first. However, the debtor
If it is decided to bankruptcy or to give him a concordat, this provision does not apply.
If the guarantor is only for closing the deficit, the proceedings against the debtor are absolutely incapable.
resulting in the receipt of the certificate or making the proceedings against the debtor impossible in Turkey.
In cases where the concordat comes to an end or the concordat is finalized, the guarantor can be applied directly.
In the contract, in these cases, the creditor has to apply to the principal debtor first.
can be decided.
2. Joint surety
ARTICLE 586- The guarantor may act as a joint guarantor or any expression having this meaning.
If the creditor has accepted to undertake the obligation, the creditor may not follow the debtor or pledge the immovable property.
can follow the guarantor without converting it into cash. However, for this, the debtor's delay in performance and the warning
be inconclusive or clearly insolvent.
If the receivable is secured by a pledge of movables or a pledge of receivables, the pledge
A guarantor cannot be applied for before it is converted into cash. However, converting your pledge into cash
It is determined in advance by the judge that the debtor cannot be fully compensated by means of
in case of bankruptcy or concordat settlement, before the pledge is liquidated.
guarantor can be applied.
3. Bail together
ARTICLE 587- If more than one person is a guarantor for the same debt, each of them
He is responsible for his share as the ordinary guarantor and for the shares of the others as the guarantor for the surety.
who are liable as a joint guarantor with the debtor or among themselves.
Each guarantor shall be liable for the entire debt. However, a guarantor, along with him
all persons who are previously or simultaneously liable and who can be followed in Turkey.
may refrain from paying more than his share, unless proceedings have been initiated against the guarantors. One
The guarantor may exercise this right if the other guarantors have paid their shares or have provided security in kind.
can also be used in case of On the contrary, without prejudice to the agreements, the guarantor who pays the debt,
has the right of recourse against other guarantors to the extent that they have not paid their shares before. It
The right can also be exercised before recourse to the debtor.
The creditor states that the surety is or will be the surety of other persons for the same claim.
he knows, or ought to know, that he is assuming
failure to occur or one of the sureties is released from the debt of surety by the creditor, or
If it is decided that the surety is void, the surety is released from the surety debt.

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Each of the guarantors for the same debt independently of each other,
is responsible for all. However, unless there is an agreement to the contrary, the guarantor who pays the debt,
has the right of recourse in proportion to its share in the total amount of surety.
4. surety and recourse guarantor
ARTICLE 588- The guarantor, together with the guarantor, who gives assurance to the creditor for the surety's debt,
responsible as a common guarantor.
The recourse guarantor is the guarantor who guarantees that the surety will get recourse from the debtor.
II. Common provisions
1. Relationship between surety and creditor
a. Scope of liability
ARTICLE 589- The guarantor , in any case, up to the maximum amount specified in the surety contract.
is responsible.
Unless otherwise agreed in the contract, the guarantor, limited to the maximum amount specified,
is responsible for the following:
1. The principal debt and the legal consequences of the debtor's fault or default.
2. A convenient time when the creditor can prevent the surety from being done by paying the debt.
the expenses of the proceedings and lawsuits brought against the debtor, and when necessary, provided that he/she notifies him/her beforehand.
Expenses caused by the delivery of the pledges to the guarantor and the transfer of the pledge rights.
3. Contractual interest for a working year and a working year, and if necessary, bonds
interest on the principal loaned in return for a working year and a working year.
Unless it is expressly agreed in the contract, the surety can only accept that the debtor's surety contract
responsible for its debts after its establishment.
The surety is responsible for the damage and penalty caused by the nullity of the original debt relationship.
Agreements that will be responsible for the condition are strictly null and void.
b. Follow-up of the guarantor
ARTICLE 590- Even if the main debt is due before due to the bankruptcy of the debtor,
No action can be taken against the guarantor before the specified maturity date.
In all types of surety, the surety is the judge, in return for the guarantee in kind, the existing pledges.
until it is converted into cash and a final insolvency certificate is obtained as a result of the proceedings against the debtor, or
to stop the proceedings against him until the concordat decision.
may want.
If the principal debt is due, the creditor or debtor must give notice with a period of time.
If it depends on the existence of the surety, this period for the surety debt will not run on the date the notification is made to the surety.
starts.
Payment of debts, foreign exchange transactions or transactions of the debtor whose domicile is in a foreign country.
It is impossible due to the legal regulations of that foreign country for reasons such as prohibitions related to remittance.
If it has become or has been limited, the guarantor whose residence is in Turkey may object to the follow-up for this reason.
can.

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c. Defies
ARTICLE 591- The surety is the principal debtor or his heirs and the principal debtor's payment
has the right to assert against the creditor all the defenses not arising from his weakness,
must assert them. Error or incapacity to enter into contracts or statute of limitations
knowingly surety for a debt that the debtor is not liable for due to a debt incurred
is outside.
Even if the principal debtor has renounced a debt that belongs to him, the surety is still
can be claimed against the creditor.
If the surety pays without knowing the existence of the debtor's defenses, he is entitled to recourse.
will have. On the other hand, the principal debtor must prove that the guarantor knew or should have known these statements.
If he does so, the guarantor loses his right of recourse to the extent that he would have been freed from payment if these had been asserted.
Even if the surety for a debt arising from gambling or betting knows this nature of the debt,
the principal debtor may claim defenses.
D. Due diligence, delivery of pledges and debentures
ARTICLE 592- The creditor shall be liable for the debt that exists during the suretyship or later on from the principal debtor.
the guarantor of the pledge rights, security and priority rights obtained as a private guarantee.
to the detriment of the guarantor, unless it is proved by the creditor that the loss is less.
responsibility is reduced by a corresponding amount. Reimbursement of the amount paid by the guarantor
reserves the right to request
In the event of a surety for the employees, the creditor neglects the supervision he is obliged on the employees.
or does not show the care that can be expected from him, and the debt has arisen for this reason or
If it has increased beyond its reach if it is careful, this debt or the increased part of the debt
can't ask the guarantor.
The creditor shall deliver the debt securities that may be used to exercise his rights to the surety who has paid the debt.
responsible for providing the necessary information. The creditor, existing or principal at the time of the surety
deliver the pledges and other assurances subsequently provided by the debtor to the surety.
or to take necessary actions for their transfer. Other receivables of the creditor
to the extent that they come before the rights of the guarantor,
reserved.
The creditor does not fulfill his obligations without a justified reason,

if he disposes of existing documents or pledges or other guarantees for which he is responsible, the surety
gets out of debt. In this case, the guarantor is responsible for the return of what he has paid and the additional loss, if any.
may request removal.
to. Requesting acceptance of payment
ARTICLE 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. More than one debt
if the person is the guarantor, the creditor shall pay the partial payment to be made by one of the guarantors,
it is obliged to accept it, provided that it is not less than the share of the guarantor who proposes it.
If the creditor refrains from accepting the payment without just cause, the surety will be discharged from the debt.
survives; In joint and several surety bonds, the responsibility of the sureties is limited to the amount of their share.
decreases.
If the creditor has consent, the surety may also pay the original debt before it becomes due. But,
In this case, the surety cannot exercise his right of recourse against the principal debtor before the debt becomes due.

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f. Notification, registration in bankruptcy and concordat
ARTICLE 594- The principal debtor is responsible for the payment of the principal or interest for the half-year period.
or if the principal payments are delayed by six months from year to year, the creditor's situation
must notify the guarantor. Upon request, the creditor always gives the guarantor about the scope of the original debt.
must provide information.
If the principal debtor's bankruptcy has been decided or if the debtor has requested a concordat, the creditor shall
have to register and do what is necessary to protect their rights. the creditor,
As soon as he learns that the debtor has gone bankrupt or that the debtor has been given a concordat, the situation will be given to the guarantor.
must report.
If the creditor does not fulfill one of the requirements set forth in the above paragraphs,
As a result, the guarantor loses his rights against him in the amount of the damage suffered.
2. The relationship between the surety and the debtor
a. The right to seek security and relief from debt
ARTICLE 595- The guarantor , in the following cases, to give assurance from the main debtor and the debt
If it is due, it may request to be saved from debt:
1. The principal debtor is bound by the obligations he has undertaken against the surety, especially within a certain period of time.
has acted against his promise to free himself from debt.
2. If the principal debtor is in default or relocating his place of residence to another country
if the proceedings have become significantly more difficult because of it.
3. Worsening of the principal debtor's financial condition, depreciation of securities or
The danger present for the surety as a result of the debtor's fault is significant compared to the date of the suretyship.
if substantially increased.
b. The guarantor's right of recourse
ARTICLE 596- The surety becomes a successor to the rights of the creditor to the extent that he performs. Guarantor,
can use these rights when the main debt becomes due.
Unless otherwise agreed, the surety is the pledgee and other pledges provided for the same claim.
of the guarantees, existing only at the time of the suretyship or by the principal debtor himself, subsequently
in particular, it becomes a successor to those given for this receivable. The guarantor who partially performs to the creditor,
successor only to the portion of the pledge that meets it. On the subject of the creditor's pledge
The remaining right to claim comes first from the pledge right of the surety.
Claims and defenses arising from the legal relationship between the surety and the principal debtor are reserved.
The pledge that constitutes the security of a receivable is converted into money or the owner who gives the loan
The owner may exercise his right of recourse against the surety only between the surety and himself.
if there is such an agreement or if the pledge is given by a third party afterwards.
The statute of limitations on the guarantor's right of recourse begins to run when the guarantor performs against the creditor.
starts.
The surety is the principal debtor who does not give the right to sue or due to mistake or incompetence.
has a right of recourse against the principal debtor if it pays for a debt that does not
is not. However, if the surety is liable for a barred principal debt, the debtor's agent
the principal debtor shall be liable to him in accordance with the provisions of the contract of attorney.

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c. Notification burden of the guarantor
ARTICLE 597- The guarantor who fully or partially pays the debt, informs the debtor of the situation.
has to.
If the surety does not give this notice, and the debtor who does not know or does not need to know about the payment,
If he also performs to the creditor, he loses his right of recourse.
The guarantor's right of action arising from unjust enrichment against the creditor is reserved.
D. Termination
I. Pursuant to Law
ARTICLE 598- Regardless of the reason, when the original debt is terminated, the surety is also discharged from his debt.
survives.
If the debtor and the guarantor are combined in the same person, the special debt arising from the surety for the creditor.
benefits remain.
Any surety given by a natural person
It disappears automatically after ten years from its establishment.
An extended or new bail, even if bail has been given for more than ten years
Unless given, the guarantor can only be followed until the expiry of the ten-year period.
The bail period, provided that it is made one year before the expiry of the bail at the earliest,
for a new term of maximum ten years, with a written explanation in accordance with the form of the suretyship contract.
can be extended.
II. bail out
ARTICLE 599- In a surety for a debt that will arise in the future, the debtor's birth of the debt
its previous financial situation has deteriorated significantly after the conclusion of the suretyship agreement; or
His financial situation turned out to be much worse than what the surety had assumed in good faith at the time of the surety.
the surety shall always give a written notice to the creditor, unless the debt arises.
may withdraw from the bail contract.
The surety is obliged to compensate for the loss suffered by the creditor due to his reliance on the surety.
III. On term bail
ARTICLE 600 - In time-limited suretyship, the surety is relieved of his debt at the end of the term.
IV. On indefinite bail
ARTICLE 601- In the case of non-termed surety, the guarantor, when the main debt becomes due,
in time and joint suretyship, in cases stipulated by the law, within one month from the creditor.
to follow up the use of the right of action and proceeding against the debtor, if any, by converting the pledge into money.
may ask him to go through and continue the follow-up without interruption.
If the debt is due as a result of the notification made by the creditor to the debtor, the surety is the surety.
One year after the date of establishment of the contract, the creditor is obliged to make this notification and the debt
to exercise his rights of prosecution and litigation in accordance with the provisions of the above paragraph,
may want.
If the creditor does not fulfill these demands of the surety, the surety is released from his debt.
V. Guaranteeing employees
ARTICLE 602- In non- termed suretyship , the guarantor is given every three years, the following year.
may declare that he has terminated the contract with effect at the end of the day.

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E. Field of application
ARTICLE 603- Provisions regarding the form of surety, the capacity to be a surety and the consent of the spouse,
other transactions made by natural persons under a different name in relation to the giving of personal assurances.
It also applies to contracts.
CHAPTER SIXTH
Gambling and Betting
A. Litigation and failure to follow up
ARTICLE 604- No lawsuit can be filed against the receivable arising from gambling and betting and
cannot be done.
Advances and loans knowingly given for gambling or betting and gambling and betting
of goods, foreign currencies and negotiable instruments traded in the stock exchange, if they are
The same provision applies to forward sales made on the basis of price difference.
B. Issuing debt securities and paying at will
ARTICLE 605- Ordinary debt or debt signed by the person who gambles or bets
Even if the bill of exchange has been transferred to a third party, no one can sue based on them.
cannot open and follow. The rights provided by the negotiable documents to the bona fide third parties are reserved.
Voluntary payments for gambling and betting debt cannot be recovered. However, gambling or
if the proper execution of the bet is hindered by the unexpected event or by the act of the other party, or
If the other party has gambled or cheated, the voluntary payment may be withdrawn.
C. Lottery and other games of chance
ARTICLE 606- Unless its arrangement is permitted by law or competent authorities,
Claims arising from lottery and other games of chance cannot be prosecuted or prosecuted.
Where not permitted, also for lotteries and other games of chance,
provisions apply.
Lottery and other luck held in foreign countries in accordance with their own rules
games, unless authorized by the competent authorities in Turkey to sell their tickets,
they cannot enjoy legal protection.
CHAPTER SEVENTEEN
Lifetime Income and Care Until You Die Agreements
FIRST SECTION
Lifetime Income Agreement
A. Definition
ARTICLE 607- A lifetime income contract, to the income creditor of the income debtor,
to take certain periodic acts during the life of one of them or a third person
contract he undertakes.
The contract is deemed to have been made for the life of the income creditor, unless there is an express provision to the contrary.
Income limited to the life of the income debtor or a third party,
Unless otherwise agreed, the income passes to the heirs of the creditor.

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B. Shape
ARTICLE 608- A lifetime income contract is not valid unless it is made in writing.
C. Rights of the income creditor
I. Exercise of the right
ARTICLE 609- Unless otherwise agreed in the contract, lifetime income, every six months and
paid in advance.
The person whose period of income is tied to the life of the prepayment period expires.
Even if he dies before the expiry of the income, all of the income for that period is owed by the income debtor.
counted.
If the income debtor goes bankrupt, the income creditor is responsible for the periodic liability of the income debtor.
equivalent to the principal to be paid by the relevant social security institution in order to obtain the income
acquires the right to register a falling money with the bankruptcy office.
II. Transferability
ARTICLE 610- Unless otherwise agreed in the contract, the income creditor may transfer his rights to someone else.
can transfer.
SECOND SECTION
Care Until You Die Agreement
A. Definition
ARTICLE 611- The contract of care until death, the care debtor's care creditor
care until death, an asset or some assets of the care creditor
It is a contract in which he undertakes the obligation to transfer his values ​to him.
Maintenance debtor, if the heir is appointed by the maintenance creditor, do not care until death
The provisions of the inheritance contract apply to the contract.
B. Shape
ARTICLE 612- Even if the contract of care until death does not include the appointment of an heir,
It is not valid unless it is made in the form of an inheritance contract.
The contract is determined by the competent authorities by a state-recognized care institution.
If it is made in accordance with the conditions, the written form is sufficient for its validity.
C. Assurance
ARTICLE 613- The maintenance creditor who has transferred an immovable to the maintenance debtor,
the right to legal mortgage on this immovable, like the seller, in order to secure its rights.
has.
D. Subject
ARTICLE 614- With the establishment of the contract, the care creditor becomes the family member of the care debtor.
joins the community. The maintenance debtor, the value of the goods received and the maintenance creditor's
according to the social status he had before, the actions required by fairness, care
liable to the creditor.
The care debtor, in particular, to provide suitable food and housing to the care creditor,
He has to take care of it with due care and have it treated.

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institutions established for the purpose of caring for the people they accept until they die.
The scope and performance of the debt is the general general purpose prepared by them and approved by the competent authorities.
determined by regulations. These arrangements are considered as part of the content of the contract.
E. Cancellation and repeal
ARTICLE 615- The maintenance creditor, due to the contract of maintenance until death, according to the law
if he/she loses the opportunity to fulfill his/her obligation to the persons to whom he/she is liable for alimony,
Those who are deprived of this can request the cancellation of the contract.
Instead of canceling the contract, the judge deducts from the acts to be performed by the maintenance debtor.
It is decided that the care creditor should pay alimony to the persons to whom alimony is obligatory.
can give.
The right of the heirs to annul and the creditors to file an action for annulment are reserved.
F. Termination
I. Termination by giving preliminary notice
ARTICLE 616- There is a significant disproportion between the acts of the parties and the excess area
if the other party cannot prove that the donation was intended, the other party may
may terminate the contract at any time, provided that notice is given. In determining this disproportion,
The principal value corresponding to the value of what is given to the care debtor by the relevant social security institution
The difference between the income to be tied and the income to be tied is taken as basis.
Performances performed in the period up to the moment of termination of the contract, principal and
It is evaluated together with the interest and returned to the creditor as a result of the equalization.
II. Termination without notice
ARTICLE 617- Due to the violation of the obligations arising from the contract, the contract
the continuation of the contract becomes unbearable or other important reasons make the continuation of the contract impossible.
each party without prejudice to the contract.
may terminate. If the contract is terminated for one of these reasons, the faulty party,
He returns what he has received and gives the faultless party an appropriate compensation for the damage suffered as a result.
is liable to pay.
The judge may find the termination of the contract on the spot without prior notice, or the parties may
care, by ending their life in the family community, either voluntarily or spontaneously
may bind its creditor with a lifetime income.
III. Death of the care debtor
ARTICLE 618- If the maintenance debtor dies, the maintenance creditor may terminate the contract within one year.
may want. In this case, in case of bankruptcy of the maintenance debtor, the maintenance creditor is discharged from the bankruptcy desk.
from the heirs of the maintenance debtor to be paid to him an amount equal to the amount he may request.
may want.
G. Claim in case of inalienability, bankruptcy and attachment
ARTICLE 619- The care creditor cannot transfer his right to anyone else.
In case of bankruptcy of the care debtor, the care creditor is obliged to pay
to be paid by the relevant social security institution in order to obtain periodic income.
acquires the right to credit the bankruptcy office with an amount equal to the principal's value.
The maintenance creditor, against the debtor by third parties, in order to meet this claim.
may participate in the lien in progress.

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CHAPTER Eighteen
Ordinary Partnership Agreement
A. Definition
ARTICLE 620- Ordinary partnership agreement, the labor of two or more persons and
It is a contract in which they undertake to combine their goods to achieve a common purpose.
If a partnership does not have the distinctive features of partnerships regulated by law, it
It is considered an ordinary partnership subject to the provisions of the section.
B. Relationship between partners
I. Contribution share
ARTICLE 621- Each partner, in terms of money, receivables, or other goods or labor, can make a contribution to the partnership.
responsible for the contribution.
Unless otherwise agreed in the contract, participation shares are required by the purpose of the partnership.
importance and quality and must be equal to each other.
If the participation share of a partner consists of the use of something, in the lease agreement;
liability for damage, defect and seizure in the contract of sale if it consists of ownership of something
The relevant provisions are applied by analogy.
II. gain and loss
1. Sharing the profit
ARTICLE 622- Partners, by their nature, share all earnings belonging to the partnership between them.
are responsible for sharing.
2. Participation in profit and loss
ARTICLE 623- Unless otherwise agreed in the contract, the profit and loss of each partner
share is equal regardless of the value and nature of the participation share.
If one of the partners' participation in profit or loss is determined in the contract, this
determination also refers to the share in the other.
Agreement that a partner will only participate in profits without participating in losses, but
It is valid only for the partner who has contributed his/her labor as a share of participation.
III. Partnership decisions
ARTICLE 624- The decisions of the partnership are taken unanimously by all partners.
If it is stated in the contract that the decisions will be taken by majority vote, the majority will be based on the number of partners.
determines.
IV. Management of the partnership
ARTICLE 625- The management, by contract or decision, can only be held by one or more of the partners or
Unless it is left to a third party, all partners have the right to manage the partnership.
If the partnership is managed by all or some of the partners, each of them,
may trade without the participation of others; however, each partner authorized to manage the partnership,
may prevent this transaction from being made by objecting to the transaction before its completion.
Appointment of a general authorized representative to the partnership and carrying out the extraordinary business of the partnership
For this, unanimous consent of all partners is required. However, in cases where delay is inconvenient,
Each of the managing partners is authorized.

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V. Responsibility between partners
1. Prohibition of competition
ARTICLE 626- Partners, for the benefit of themselves or third parties,
They cannot do things that hinder or harm their purpose.
2. Expenses and works done by the partners
ARTICLE 627- Expenses incurred or undertaken by one of the partners for partnership affairs
other partners become liable to him for debts; because of this partner's management work
as a result of the direct damages and the dangers arising from the management of the partnership.
Other partners are liable to compensate for the losses incurred.
The partner who gives money to the partnership as an advance may demand interest starting from the day it is given.
A partner who has made efforts for partnership affairs, although he is not obligated,
may request a compensation as required.
3. Debt of care
ARTICLE 628- Each partner has the same effort and care in partnership affairs as they do in their own work.
obliged to show
Each partner, against the others, the damage caused by his own fault, to the partnership in other works.
It is obliged to resolve it without the right to set off with the benefits it provides.
The partner, who carries out the partnership affairs for a fee, becomes responsible according to the provisions of the proxy.
VI. Removal and limitation of management authority
ARTICLE 629- The management authority given to one of the partners by the partnership agreement,
It cannot be removed or limited by other partners without any reason.
Even if there is a provision in the partnership agreement that the authority cannot be removed,
if there is a reason, each of the other partners can remove the management authority.
Just cause, especially the managing partner's gross negligence or good
There are cases where the ability to manage is lost.
VII. Relationship between managing partners and other partners
1. In general
ARTICLE 630- Contrary to this part of the law or in the partnership agreement
relations between the managing partners and other partners,
subject to the terms.
A partner who does not have the authority to manage the partnership, to see the business of the partnership or to
In cases where the authorized partner exceeds his/her authority, provisions regarding working without a power of attorney
is applied.
Managing partners are responsible for giving account at least once a year and sharing their earnings to the partners.
are liable to pay. The agreement on the extension of the accounting period is finalized.
is void. The same rule applies if the person managing the partnership is not one of the partners.
is applied.
2. Reviewing partnership business
ARTICLE 631- Even if there is no management authority, every partner has information about the operation of the partnership.
examination of its books and records, taking samples from them, and making a summary about its financial situation.
has the right.
On the contrary, contracts are absolutely void.

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VIII. Changes between partners and in the partnership structure
1. New partner recruitment and sub-participation
ARTICLE 632- Recruitment of a new partner to the partnership depends on the consent of all partners.
One of the partners unilaterally makes a third party a partner in his share in the partnership, or
If he transfers his share to him, this third person cannot gain the title of partner.
2. Exit and expulsion from the partnership
a. generally
ARTICLE 633- Notice of termination, restriction, bankruptcy of a partner,
In the event that the share of the partnership is converted into money or dies by forcible execution, the other part of the partnership in the contract
If there is a provision that it will continue with the partners, when one of these situations occurs, that partner
or his representative or heir of the deceased partner may leave the partnership or be taken over by other partners.
may be excluded from the partnership with a written notice.
b. Liquidation of partnership share
ARTICLE 634- In the event that a partner leaves or is removed from the partnership, his share, other
automatically passes to the partners in proportion to their shares.
Other partners, to the partner who left or exited the partnership, whose use he left to the partnership.
as they are obliged to return the goods, as well as the debts arising from the due debts of the partnership.
the partnership was liquidated on the date of the expiry of the partnership, by releasing it from joint and several liability.
they are obliged to pay the liquidation share that should be paid. The partnership is not yet due
For non-existing debts, other partners, instead of rescuing the exiting or withdrawing partner from debt,
they can give him an assurance.
The liquidation share of the exiting or expelled partner, as of the date of termination of the partnership title,
It is calculated by a person who is an expert in financial affairs. Inability of the parties to agree on the expert
In this case, this person is appointed by the judge.
c. Insufficient assets
ARTICLE 635- On the date of termination of the partnership title, the assets of the partnership, its debts
If it is not enough to meet the debt, the partner who has left or has been removed, will not be able to participate in the loss.
It is obliged to pay to other partners within the framework of the relevant regulations.
D. unfinished business
ARTICLE 636- The partner who has left or has been removed has not been finalized yet at the time he was a partner.
participates in the profit or loss arising from the business.
The person whose partnership status has ended, as of the end of that accounting year, has completed the works.
the profit share, if any, to be deducted from the partnership; necessary for ongoing work
may request information.
C. Relationship of partners with third parties
I. Representation
ARTICLE 637- A partner who makes transactions with a third party on his own behalf and on behalf of the partnership,
becomes a creditor and debtor himself against this person.
If one of the partners transacts with a third party on behalf of the partnership or all partners, the other
partners become the creditor or debtor of this person only in accordance with the provisions regarding representation.

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The partnership or all partners of the partner who is given the management task to third parties
has the power to represent. However, the managing partner with the authority to represent
that the authorization regarding important savings transactions has been given unanimously by all partners and the authorization
This must be clearly stated in the document.
II. Results of representation
ARTICLE 638- Things acquired for the partnership or transferred to the partnership, receivables and in-kind
the rights belong to all partners jointly within the framework of the partnership agreement.
Unless otherwise provided in the partnership agreement, a partner's creditors
however, they can use it on that partner's share in the liquidation.
Partners, jointly or through a representative, against a third party, partnership relationship
They are jointly and severally liable for the debts they have undertaken within the framework of the contract, unless otherwise agreed.
D. Termination of partnership
I. Reasons for termination
1. In general
ARTICLE 639- The partnership terminates in the following cases:
1. The realization or realization of the purpose stipulated in the partnership agreement
as it becomes impossible.
2. If there is no provision in the contract regarding the continuation of the partnership with the heirs,
with the death of one of the partners.
3. If there is no provision in the contract that the partnership will continue, a partner's
restriction, bankruptcy or liquidation of its share in the liquidation by forceful execution.
4. With the unanimous decision of all partners.
5. Upon the expiry of the agreed period for the partnership.
6. In the partnership agreement, the right to notify the termination is reserved or the partnership is an indefinite
in a partner's notice of termination, if established for a term or for the lifetime of one of the partners
by being found.
7. In the presence of justified reasons, termination is always without any other condition.
at the request of a court order.
2. Indefinite partnership
ARTICLE 640- The partnership is to last for an indefinite period or for the lifetime of one of the partners.
each of the partners may give notice of termination six months in advance.
Notice of termination is done in violation of the rules of good faith and especially in an improper manner.
cannot be done in time. The notice of termination takes effect only at the end of the accounting year.
After the expiry of the period stipulated in the contract, the partnership
If it is continued with its own will, it turns into an indefinite partnership.
II. The effect of dissolution on the management of the partnership
ARTICLE 641- If the partnership is terminated by any other means other than the notice of termination, a partner's
authority to manage partnership affairs, when it learns to terminate or as the situation requires.
he goes on about himself until he could find out if he had cared.
If the partnership ends with the death of one of the partners, the heir of the deceased partner will immediately
obliged to notify other partners. The heir, the deceased partner, until the necessary measures are taken.
continues its previous works within the framework of honesty rules. Other partners
temporarily continue to conduct the partnership business in the same way.

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III. Liquidation
1. Action to be taken for participation share
ARTICLE 642- The partner who puts the ownership of something as a share of participation, ends the partnership.
As a result of the liquidation to be made upon its expiration, he cannot take that thing back as it is; but put
whatever value the participation share is appraised, it can demand that value.
If this value is not set, the takeback is the same as when the item was put in as contribution margin.
done on the value.
2. Gain and loss sharing
ARTICLE 643- After the debts of the partnership are paid and each of the partners gives to the partnership
after the advances and the expenses he made for the partnership and the contribution share he has put are returned.
If anything increases, this profit is shared among the partners.
The remaining assets of the partnership after the debts, expenses and advances are paid
If it is not enough to return the participation shares they have put in, the loss is shared among the partners.
3. Liquidation procedure
ARTICLE 644- In case of termination of partnership, liquidation, including non-management partners
made with the cooperation of all partners. However, in the partnership agreement, one of the partners
If certain transactions are envisaged by the Company on its own behalf and on behalf of the partnership, this
the partner, after the termination of the partnership, to carry out those transactions alone and to give account to the others.
obliged to give
The partners may appoint a liquidator to carry out the liquidation works. In this respect
In case of disagreement, each of the partners shall appoint the liquidator by the judge.
may request.
The fee to be paid to the liquidator, a provision in the contract or by the partners.
If there is no unanimous decision, the labor required for the liquidation and the income of the partnership assets
It is determined by the judge taking into account the partnership assets and the opportunity for this is determined.
If not found, it is paid jointly by the partners.
Regarding the liquidation procedure or the share to be distributed to each partner as a result of the liquidation
Disputes that may arise are resolved by the judge upon the request of the relevant parties.
IV. Liability to third parties
ARTICLE 645- Termination of partnership, obligations to third parties
does not change.
Relationship with Turkish Civil Code
ARTICLE 646- This Law is based on the Turkish Civil Code dated 22/11/2001 and numbered 4721.
It is the Fifth Book and its complement.
Law repealed
ARTICLE 647- The Code of Obligations dated 22/4/1926 and numbered 818 has been repealed.
Force
ARTICLE 648- This Law enters into force on 1 July 2012.
Executive
ARTICLE 649- The provisions of this Law are executed by the Council of Ministers.

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PROVISIONS THAT CANNOT BE IMPLEMENTED IN THE LAW NO 6098
1- This is the provision of the Law No. 6217 dated 31/3/2011:
PROVISIONAL ARTICLE 2 – (Amended: 4/7/2012-6353/53 art.)
The tenant's persons, who are considered as merchants in the Turkish Commercial Code, as well as private law and public
Turkish Obligations No. 6098 dated 11/1/2011, in the leases of workplaces of which they are legal persons.
Articles 323, 325, 331, 340, 342, 343, 344, 346 and 354 of the Law dated 1/7/2012
It is not applicable for 8 years from In this case, the lease agreements specified in these articles
Regarding the issues, the provisions of the lease agreement are applied in accordance with the freedom of contract. Rent
In cases where there is no provision in the contracts, the provisions of the abrogated Code of Obligations are applied.

✧
LEGISLATION BRINGING ADDITIONALS AND AMENDMENTS TO THE LAW NO 6098 OR
CONSTITUTIONAL COURT DECISIONS
TABLE SHOWING THE EFFECTIVE DATES

Amending Law/Decree
or Abrogated Constitution
Court Decision
Its number

6111

Law No. 6098
changing or canceling

Effective Date

the items mentioned
15

1/7/2012

6217

Unworkable Provision

14/4/2011

6353

Unworkable Provision

12/7/2012

6455

Decree/700

584

256, 407

11/4/2013
Turkey held together on 24/6/2018
Grand National Assembly and Presidency
as a result of the election of the President
on the date he took office
(9/7/2018)

7161

344

Publication with effect from 1/1/2019
on

