Writing and auditing official contracts in Turkey
The official contracts in Turkey and learning the methods of their legal documentation is very important because it has a great impact on the maintenance of rights. In this article, we will talk about the most important of this information in addition to studying some important topics related to this subject.
Table of content
- Definition of the contract and its conditions in Turkey
- What is legal drafting?
- What are the types of contracts in Turkey?
- Notarization of Contracts in Turkey (Noter)
- Some common contracts in Turkey
- Termination of the contract in Turkey: its conditions and consequences
- FAQs About Contracts in Turkey
Definition of the contract and its conditions in Turkey
Under the law, the term contract means Each agreement between two or more Parties, through which each Party undertakes such things or mutual promises as may be necessary for each other's direction, to be implemented in accordance with the agreed provisions of the law.
This definition includes everything that can be called a legal contract between two parties, such as contracts of sale and purchase, agency, marriage, partnership, and investment.
What is legal drafting?
Contracts are based primarily on legal formulas that regulate the most precise details, preserve the parties' rights through their precise and detailed clauses, preferably with counsel specializing in their field, or with legal expertise in the details, terms, and methods of securing official contracts in Turkey.
Contracts have legal formulas and elements that should not be neglected:
- Parties' consent: With the name of the contractors, from the neighborhood of legal capacity.
- Contract location: This is intended to indicate what the contract was for.
- Reason: The direct purpose of the nodal relationship.
What are the types of contracts in Turkey?
Contracts are essentially divided into three sections:
- Civil contracts: This is the subject of a public civil obligation, such as will and gift.
- Commercial contracts: What matters to order or transaction, such as sale, purchase, real estate, supply.
- Administrative contracts: This includes contracts for the conduct of administrative business, which do not fall under another heading.
The penalty clause in contracts
The penalty clause in the contract: It is a clause agreed to be included in the contract to ensure mandatory execution and non-delay, under which both contractors are bound not to breach their obligations and to compensate the injured under agreed terms.
So; the penalty clause aims primarily to compel the contracting party to carry out his obligation, and therefore the penalty clause is associated with the original contract, and it may also be in a subsequent agreement before the damage occurs.
Information on electronic contracts in Turkey
The Turkish Government adopts electronic contracts and considers them legally binding.
In short, they are contracts that can be concluded between remote contractors, in an electronic manner, in which the electronic signature mechanism adopted in the official services is adopted by a specific mechanism.
The language used in writing contracts in Turkey
The Turkish language is undoubtedly the basis of every regular contract in Turkey, where, according to the law in force, the Turkish Government requires all Turkish companies to write their contracts in Turkish in all types of transactions, contacts and regular records existing within Turkey, depending on article 1 of Law No. 805 of 1926, which is still in force in Turkish courts today.
Exceptions to the use of Turkish in contracts
Turkish companies are exempt from the use of the Turkish language in their dealings and contracts concluded outside Turkish territory, in accordance with the decision of the Turkish Supreme Court on the date of 22/02/2018, according to which certain exceptions were made to this law.
Under the new law, the obligation was significantly eased if one of the parties to the contract or transaction was a foreign company incorporated outside Turkey.
Article 2 of the Act states: "With regard to foreign companies and institutions, the obligation of the Turkish language is limited only to their dealings and contacts with Turkish companies and institutions, Turkish citizens or the official services of the Turkish State."
Notarization of Contracts in Turkey (Noter)
Contracts in Turkey are usually notarized by a notary, who is known in Turkey as a noter.
The Noter is the person authorized to organize and certify documents with the aim of guaranteeing rights and preventing disputes.
The importance of the noter in the field of contract documentation in Turkey
Noter’s job in Turkey includes fixing contracts for the sale of real estate and vehicles, in addition to certifying documents, installing agencies, and documenting rental contracts.
Also, the notarization of the notary on the official papers of foreigners after their translation is a must, especially for certificates and documents...etc. The notarization of the notary is considered an endorsement of the authenticity of this document for official use in the Turkish government departments.
The noter fees in Turkey
Fees for notarizing documents vary according to the type of document. Each document has its own tariff, and the number of words in the document has an impact on determining the value of the fees.
Therefore, the notary must be asked about the cost of each paper to be certified separately.
Where are the Noter offices?
Noter offices are available in all neighborhoods and regions of Turkish cities, where at least one noter is allocated to each region, except for central or crowded areas.
Some common contracts in Turkey
Among the most famous types of contracts in Turkey:1. Initial contracts for the sale of real estate in Turkey
Or the so-called promise to sell contract, or forward sale contract, which also includes off-plan sales contracts, sale of real estate in installments, and other aspects, which are usually installed at the Noter office.2. Lease contracts
This means real estate leases, be they long or short-term leases, which are preferably fixed with the notary/noter so that these contracts become legal and are reserved through the rights of contractors.3. Sales contracts
This includes the types of sales (selling cars and types of movables)4. Investment contracts
These contracts differ according to their origin and contractual ties. Some of them are between persons, persons and companies, investors, and governmental or semi-governmental entities.
Termination of the contract in Turkey: its conditions and consequences
In general, the termination of official contracts in Turkey may be due to natural reasons, for example, the expiration of the contract term in lease contracts.
The termination may be due to circumstances and reasons related to the origin of the agreed contract, for example, termination of the lease contract due to a defect in the property, or due to default in payment, or negligence of the tenant, or for various emergency reasons that differ from one contract to another, and in these cases, the contract can be rescinded by filing a lawsuit Judicial to the competent judiciary.
From this point of view, the conditions for termination of contracts are:
- The existence of a binding contract for two parties.
- One of the contracting parties fails to perform its obligations.
- The obligation of the contractor requesting avoidance to which it is bound by the contract.
The effects of the termination of the contract are represented in achieving its legal effects, as all the effects generated by the contract are absent.
Annulment entails the return of the contracting parties to the state they were in before concluding the contract between them, and in the event that it is impossible to return to this state, compensation may be ordered. Depending on the nature of the contract, the retrospective effect differs from the termination process.
FAQs About Contracts in Turkey
Edited by Gars Consulting Company
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