Contract Law

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Contract Law

It is possible to define the Contract Law so that “It is a branch of law that arises from the mutual and consistent statements of intention of two or more parties.” It is known that the concept of contract is regulated by the Turkish Law of Obligations. According to the Turkish Law of Obligations, the Contract is established as a result of the mutual and consistent disclosure of the parties. In the context of our service as the Istanbul Contract Law Attorneys, it is possible to say that a statement of intention must be made between the parties for establishment of the contract.

Existence of an intention is not enough to establish a contract. In addition to establishment of the intention, the terms and conditions informed to the addressee, that is, to the counter party must be approved by the counter party and the other party must state that they approve such terms and conditions. The contract will be deemed to have been established between the parties with a statement of intention that the other party (addressee) agrees the contract upon the request, which is directed to the other party for the purpose of establishing a contract, and at least includes the essential provisions of the contract to be established and must be delivered to the other party. It is possible to say that we ensure that, through the service provided by us as the Istanbul Contract Law Attorneys, the contracts are established in a more formal, professional, reliable and solution-oriented manner, and any damage caused by the contract is prevented, and if any damage happens, such damage is minimized. 

Contract Concept

The Contract Law aims to prevent you from being subject to a forfeiture. Since the Contract Law Attorney provides services in your lawsuits related to the contract and is specialized on the Contract Law, if we follow the legal proceedings, this will ensure that your lawsuit will be concluded in a shorter time. 

If we describe the services provided by us as the Istanbul Contract Law Attorneys comprehensively, we can say that we serve to develop, implement and revise the contracts and to solve any disputes arisen from the contracts. 

Arranging a meeting with the Istanbul Contract Law Attorney and obtaining a legal consultancy are not only the procedure that should be carried out, when a legal dispute occurs. On the contrary, it is always beneficial to arrange a meeting before legal problems arise. Thus, it will be possible to take any necessary measures, to correct any mistakes and to determine the way to be followed against any possible legal problems.

There are two basic processes to establish a contract. Such two process are detailed below.

A Proposal to enter into a contract (Request): It is a statement of intention that contains the intention of a party to enter into a contract and the basic terms and conditions of the contract to be made. The request can be explicit or implicit.

Acceptance: It is a statement of intention that anyone accepts to enter into a contract under the conditions specified in such proposal noticed to him/her upon a proposal to enter into a contract. The contract is established upon acceptance of such proposal to enter into a contract by the counter party. The Contract is established, after such procedures result positively. 

A contract can be established in writing or verbally. If a contract is not required to be in writing, it can be established verbally. However, when any problem is encountered, it is useful that the contract is conducted in writing in terms of proof.

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Types of Contract
  • Sales Contracts: It is possible to say that sales contracts are the most common types of contracts. In this context, it is possible to say that there are two parties as the buyer and the seller under the the contract in question, and the buyer borrows money to acquire ownership of a product, and the seller waives his/her rights on the product that is sold.

  • Barter Contract: Barter is defined a procedure that a product is replaced by another product. The barter agreement is a contract that charges both parties mutually. In the context of the Istanbul Contract Law Attorney, it is possible to state that both parties specified in the contract are obliged to give something.

  • Grant Agreement: The grant contract is a contract that a person grants his/her existing property upon another person without any expectation unlike  the sales contracts and barter contracts. In other words, there is a free transfer of property.

  • Lease Contract: The lease contract is a contract that allows granting the title of a property or product at a certain price. Pursuant to the lease contracts, it is possible to say that we deal with the lease contracts at least as much as the sales contracts in the scope of the services provided by us as the Istanbul Contract Law Attorney.

  • Lending for User Contract: The lending for use contract is a contract the property owner grants the title of any property upon another person. However, such title is for a limited time and is free of charge. This is why the lending for use contract is separated from the lease contract.

  • Work Contract:  A work is a product, which is dominant in a physical or intellectual aspect and for which efforts are made. A work contract is a contract in which the contractor undertakes to create a work and the employer undertakes to pay a price for this work.

  • Attorney Contract: The attorney contract means that the individuals leave management of a work without keeping performance of any procedure or provision of any service submitted on any matter subject to a service contract. In other words, the contract in which the attorney undertakes to perform any work or procedure of the grantor, is called as an attorney contract within the scope of the services provided by us as the Istanbul Contract Law Attorneys.

  • Bailment Contract: The Bailment Contract is a contract entered into between the bailor and bailee for purpose of protecting or storing any property or any thing. It is not possible to say that such contract must be in any form. Unlike other contracts, this contract can be established verbally or in writing.

  • Exclusive Distribution Contract: The exclusive distribution contract is a contract entered into between a person, who produces the goods permanently, and a person, who buys the goods of that person regularly. 

  • Brokerage Contract: The brokerage contracts are the contracts where the broker undertakes the tasks such as establishment or preparation of the facility required for the establishment of contracts between the parties
Distant Sales Contract

In the context of the services provided by us as the Istanbul Contract Law Attorneys and Contract Law Attorneys, it is possible to define “contracts made by e-commerce sites” for the distant sales contracts. Pursuant to the distant sales contract, it is aimed to prevent problems that may arise when shopping online, while shopping or after shopping. In addition, it is possible to say that the distant sales contract contains any detailed information about the goods and services and any information about return and withdrawal conditions. Therefore, to increase the reliability of sales made in e-commerce on the Internet, sales can only be completed by the approval of the distant sales contract by the buyer, that is, by marking the section that he/she says “I read and approve it” by the seller.

Contracts for Foreigners

In the context of the services provided by us as the Istanbul Contract Law Attorneys, a foreigner is a person not deemed as a Turkish citizen according to the definition specified in the Law No.4817 on Law on Work Permits of Foreigners. A foreigner, who works under one or more employers as judicial or real entities in consideration a salary, commission or similar methods, is a foreign worker. It is possible to say that the contracts made in this context are the contracts conducted with foreigner.

International Commercial Contracts, Disputes and Arbitration

Arbitration is called as the “best method of dispute resolution” for problems that arise in the international contracts. In the context of the services provided by us as the Istanbul Contract Law Attorneys, the arbitration proceedings are detailed below:-

  • Arbitration is called an impartial and independent jurisdiction.
  • Arbitration is a quicker solution method compared to the judicial remedy.
  • The arbitrators and arbitration courts are composed of individuals and institutions with special knowledge and experience compared to national courts, when the international commercial disputes are taken into account.
  • Confidentiality of the proceedings is advantageous to keep trade secrets.
  • In the context of the services provided by us as the Istanbul Contract Law Attorneys, one of the arbitration advantages includes fast and proper implementation of the arbitration proceedings.
  • The arbitrators involving in the arbitration proceedings are conciliatory. Therefore, it is aimed not to damage the relationships between the parties.
Termination of the Contracts

The conditions on termination of the Contracts are specified in general in article 131 and subsequent articles of the Turkish Law of Obligations No.6098 Some of these conditions are given below:

The contracts may be terminated upon payment of all debts. Upon completion of all debts, secondary debts also expire.

The contracts are terminated if the creditor releases the debtor from his debt. In this case, the creditor waives his debt and the debtor gets rid of his debt.

Termination of the former debt by creating a new debt is called as renewal of such debt, and such renewal is another state that terminates the contract.

For example, based on the lease contracts, the termination conditions that can be counted in the general provisions of the Law of Obligations on leases are as follows:

The lease contracts are the contracts made for a certain period of time. The expiration of the contract terms means the termination of the contracts. However, in the lease contracts regarding the houses and roofed offices, the Lessor cannot terminate the contract upon expiration of the contract.

In case of the indefinite lease contracts, it is possible to terminate the contracts by way of termination.

If the tenant fails to occupy the leased property diligently and the land lord notices and notifies the court of this, this is a valid condition for the termination of the contract.

Default of the tenant is amounting the reason of termination that we can say in the context of the services provided by us as the Istanbul Contract Law Attorneys.

As can be seen, the contract law is a comprehensive and detailed field of law. Therefore, it is not possible to resolve the cases included in the contract law without obtaining any attorney or legal advice services. It is possible to make a request for the Istanbul Contract Law Attorney and Contract Law Attorney or legal advice services by contacting us to eliminate the conditions included in the scope of the contract law and cause the person to be aggrieved in this context.

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