Obligations and contracts law
Rights and claims arising from contracts and obligations: drafting the contract, claims and compensation if performance fails, and enforcement proceedings.
Contracts are, as a rule, formed freely as to form; however, for some contracts, such as the sale of real estate and suretyship, the law prescribes a particular form. Drafting the contract in writing, with clear provisions, reduces disputes that may arise later. In lawsuits concerning commercial monetary claims, applying to a mediator before filing is mandatory.
Matters handled in this field
- Drafting and reviewing contracts of every kind
- Claims and compensation actions arising from breach of contract
- Notices and enforcement proceedings for claims
- Pecuniary and non-pecuniary compensation actions arising from tort
- Unjust enrichment actions
- Contracts for the benefit of third parties
- Surety and guarantee contracts
- Termination and annulment of contracts, and determination of invalidity
- The mandatory mediation process for commercial monetary claims
How does the process work?
- Reviewing the contract and documentsThe contract, payment records and correspondence are reviewed and the basis of the claim is identified.
- Notice and mediationThe necessary notices are sent; where mandatory, mediation is applied for.
- Lawsuit or enforcement proceedingsIf there is no agreement, a lawsuit is filed before the competent court or enforcement proceedings are started.
- Judgment and collectionAfter the judgment, collection of the claim is followed up.
Frequently asked questions
Depending on the content of the contract, a notice is usually sent first, giving a time limit. At the end of that period, performance, termination or compensation can be demanded.
It is a contract in which one party undertakes to perform not to the other party but to a third person. It is regulated under Article 129 of the Turkish Code of Obligations.
In commercial cases whose subject is payment of a sum of money, applying to a mediator before filing is mandatory.
The information on this page is general in nature; each specific case is assessed on its own facts.
