TURKISH CODE OF OBLIGATIONS

Law Number : 6098

Date of Adoption : January 11,2011

Date and No. of Publication in the Official Gazette : February 04,2011 - 27836


NOTE: This translation made by myself is unofficial and for information purposes only. All rights of it are reserved as a translation anyway. Read this page first, please. Click "TÜRK BORÇLAR KANUNU" for full Turkish text of the Code.

 

PART ONE
General Provisions

CHAPTER ONE
Sources of Obligation Relation

SECTION ONE
Obligation Relations Arising From Contract

A. Conclusion of contract

I. Declaration of intent

1. In general

ARTICLE 1- A contract, is concluded by declaration of intents of parties that are mutual and consistent to each other.

Declaration of intent, may be explicit or implicit.

 

2. Secondary points

ARTICLE 2- If parties have agreed on essential points of the contract, the contract is deemed concluded even though it has not been dwelt on secondary points.

If there can not be agreed on secondary points, judge resolves dispute by considering characteristic of the matter.

The provisions related to form of contracts are reserved.

 

II. Offer and acceptance

1. Offer with time limit

ARTICLE 3- The offerer of concluding a contract by determining a time limit for acceptance, is bound by his/her offer until this period terminates.

If acceptance does not reach himself/herself within this period; offerer, becomes free from being bound by his or her offer.

 

2 . Offer without time limit

a. Among those who are available

ARTICLE 4 - If an offer made without designating time limit for acceptance is not accepted immediately; offerer is released from being bound by his or her offer.

Offer that is made during communication directly by tools providing communication such as telephone and computer, is deemed made among those who are available.

 

b. Among those who are not available

ARTICLE 5 - An offer made to a person who is not available unless designated time limit for acceptance, binds the offerer until the time which can be expected for arrival of a timely and duly sent answer.

Offerer, may deem that his/her offer arrived on time.

If acceptance submitted timely reaches the offerer late and the offerer does not want to be bound by it, he or she has to notify the case immediately to the accepter.

 

3. Implicit acceptance

ARTICLE 6- If offerer, is not obliged to expect an explicit acceptance by nature of the law or characteristic of business or requirement of circumstance, contract is deemed concluded in case the offer has not been rejected in a rational period.

 

4. Delivery of thing not ordered

ARTICLE 7- Delivery of a thing that has not been ordered, is not considered as an offer. The person who received that thing, is not obliged to send it back or keep it.

 

5. Offer that is not binding and offer open to all people

ARTICLE 8- If offerer, states explicitly that it is reserved his/her right not to be bound by his/her offer or it is understood that he/she has no intention to be bound by nature of business or requirement of circumstance, he/she is not bound by his/her offer.

Exhibition of property by showing value or delivery of tariff, price list and the like, is deemed an offer unless otherwise is understood explicitly and easily.

 

6. Promising to give prize by publication

ARTICLE 9- Any person who announced by publication that he/she would give prize in return for realisation of a result, is obliged to fulfil his/her promise.

If the person who promises to give prize reneges on his/her promise before realisation of result or hinders realisation of it, is liable to pay expenses made in conformity with the rules of good faith. However, the total of expenses to be paid to one or the persons more than one, may not exceed the value of prize.

If the person who promises to give prize proves that the persons who demand the expenses to be paid will not able to realise the result expected, becomes free from the obligation of paying expenses.

 

7. Withdrawal of offer and acceptance

ARTICLE 10- If declaration of withdrawal has reached to the other party before offer or at the same time with the offer or if it has been learned before the offer even though it has reached later, the offer is deemed not made.

This rule, is also applied in withdrawal of acceptance.

 

TRANSLATION OF OTHER ARTICLES WILL CONTINUE