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Contract Law-Lawyer Istanbul Turkey

19.02.2019
412
Contract Law-Lawyer Istanbul Turkey

The contract and related documents that are always encountered in business life will not be valid unless they are prepared in accordance with the current legislation. In this article, based on the preparation stage of the contract, the types of contract, contract preparation, the conflicts that may arise in the contract and contract termination process will be focused on the participants to have a mastery of the contract processes.

Human beings have been in a relationship with those around them since the earliest times. Especially with the transition to established life, the arrangement of relations between people on a legal basis has started to gain importance. The law of contracts was born as a result of such a need. The convention, which forms the basis of most modern legal systems, is considered a legal procedure adopted by IusCivile (the legal system applied to Roman citizens in Rome), which establishes a debt-bearing relationship between the parties. The concept of “contract” covers not only debt-generating contracts, but also other contracts in the field of private law, such as property, inheritance, family and law, as well as community contracts (constitutions) in which individual-state relations are regulated.

The convention is a legal procedure in which the parties make mutual and mutual declarations of Will to give effect to a specific legal outcome. Persons who are parties to the convention are called creditor and debtor. In a contract, there is at least one creditor and at least one debtor as a rule. However, more than one person can take part in a contract as a creditor and debtor.

Constitution Of The Republic Of Turkey 48.the article states that “everyone has the right to freedom of association and employment.” This represents the rights of persons to contract protected in constitutional order. The constitutional conditions regarding the right to work as explained in the labor law are also valid here. Because individuals have to set up certain contracts to work, which is why the freedom of work and contract is remembered together. In line with the same principle, the right to collective bargaining is a constitutionally recognized right. Article 38/7 of the constitution; “no one can be detained for not fulfilling the contract,” he says. This shows that contrary to the convention will never be sanctioned against freedom, despite the fact that the convention is respected and the requirements are stressed.

In our law, there is actually no such field as contract law, but almost all branches of law have provisions concerning the contract and the consequences and sanctions of these provisions. In accordance with the law of obligations, the parties do not have to comply with any type of contract regulated by law. The parties may, if they wish, create a contract that is not foreseen by law or create a different contract by adding new elements to the contract which is stipulated by law.

What are the types of contracts that are most common today?;

Sales Agreement,Agreement To Exchange Goods,
Donation Agreement,Lease Agreement,
Loan Agreements,Service Contracts,
Trace (Exception) Contract,Power Of Attorney Agreement,
Loan( Credit ) Agreement,Trade Agreement,
The Commission Agreement,Storage Contracts,
Contract Of Guarantee,Lifetime Contract,
Contract Of Employment Until Death,Ordinary Partnership Agreement
Land Share Flat Contract,Current Account Agreement,
Adoption Agreement,Marriage Contracts,
Factoring Contracts,Leasing Agreement,
Warranty Agreement,Real Estate Sales Promise Contract
Release Agreement,Inheritance Agreement,
Authorization Agreement,Arbitration Agreement,
Privacy Policy,Contract Of Competition,
Pre-Purchase Agreement,Recovery Agreement.

What are the requirements for the validity of the contract?

  1. The Absence Of A Collusive Agreement

The contract concluded by the parties does not give rise to any provision or appearance
1.the provisions of this convention shall apply to all persons under the age of eighteen years.
Thus, the parties, 3. against the people who do not want statements that occurred to appear with the contract, but in reality, the contract does not produce any results either.
or any other provision of the convention;
they are getting along.

There are two kinds of suspensions. They are absolute and moderate.

  • Absolute dispute, agreeing that the parties shall not agree to the terms of the agreement, they seem to have contracted against people.

The contract will not be valid and will not be valid since the original Will is not to make the contract. The agreement of the parties to the absolute agreement and the contract of the parties to the absolute agreement of the parties you need to do.

The agreement of muvla is the agreement between the parties that they will not be bound by it, but only to make a seemingly contract. For example, the sales contract made by the husband who made a sales contract with his wife to evade goods from his creditors.

The parties agree that the provisions of a secret contract should be formed, apart from the apparent contract. The parties must carry out another transaction between themselves and present it to the outside world as if it were another transaction. The transaction that appears in the proportional transaction is considered to be valid as a rule because the Real will of the parties is not in this way,but because the will of the parties is in contradiction with the secret transaction. However, if the law stipulates certain form conditions for the confidential transaction and they are not fulfilled, the secret transaction shall be null and void.
If the prescribed form conditions for the confidential transaction have been met, this is true because the Will is matched. The typical example of a Nabi muffa is to make it look like your father had sold his property to his favorite son while he was still alive to deprive his other children of his inheritance, but he forgives them.

The contract with the muvla is null and void due to the muvla. Because Tbk. m. In accordance with Article 19, the real common wishes of the parties are taken into account. Everyone can always argue that muvasaa is because muvasaa is the cause of muvasaa. The proof of third parties ‘ dispute is not a taboo, and the proof of the claim of dispute between the parties is possible to prove it with the witness.
subject to written form.

Relative in collusion, seeming contract is invalid because it does not match when the terms of validity of the contract confidential and are not affected by collusion refers to the provisions in the current contract carries.

In some cases, there are cases in which the law binds contracts to form. Therefore, it is very important that you obtain legal advice from lawyers before making a contract.

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