Turkish law topic · 13 articles
CISG and International Sale of Goods
Milletlerarası Mal Satımına İlişkin Sözleşmeler Hakkında Birleşmiş Milletler Antlaşması (CISG), Türkiye'nin de taraf olduğu ve şartları varsa iç hukuk yerine doğrudan uygulanan bir satım rejimidir. Malın sözleşmeye uygunluğu, ayıp ihbarı, esaslı ihlal ve tazminat hükümleri ihracat-ithalat uyuşmazlıklarının çekirdeğini oluşturur.
Guides and Articles
CISG and Contracts with Turkish Companies
When the CISG applies to contracts with Turkish companies and why foreign buyers and sellers should not ignore it in international sales disputes.
Payment Default Under the CISG in Sales to Turkish Buyers
How foreign sellers can assess payment default by a Turkish buyer under the CISG, including evidence, remedies, interest and collection options.
Defective Goods and Notice Requirements Under the CISG
What buyers and sellers should know about inspection, non-conformity notices, defective goods and evidence in CISG disputes involving Türkiye.
Delivery, Risk and Incoterms in CISG Contracts with Turkish Companies
How CISG delivery rules, passing of risk and Incoterms interact in international sales contracts involving Turkish companies and shipment disputes.
Excluding the CISG in Contracts with Turkish Companies
Why parties dealing with Turkish companies should expressly decide whether to apply or exclude the CISG in international sales contracts.
Limitation Periods in Cross-Border Sales Claims Involving Türkiye: How Long Do You Have?
The CISG does not itself set a limitation period for bringing a claim against a Turkish counterparty, so the time limit is determined by whichever domestic law applies under the forum's conflict-of-laws rules.
Damages and Mitigation Under the CISG in Contracts with Turkish Companies
A party claiming damages against a Turkish counterparty under the CISG must prove foreseeable loss and must have taken reasonable steps to mitigate it, or the recoverable amount will be reduced.
Non-Conformity Claims Against Turkish Suppliers Under the CISG
A foreign buyer can pursue price reduction, damages, repair, replacement or termination against a Turkish supplier for non-conforming goods, provided the goods are examined and any lack of conformity is notified in time.
Battle of the Forms in CISG Contracts with Turkish Parties: Whose Terms Apply?
When a foreign buyer and a Turkish supplier exchange conflicting standard terms, the CISG's rules on offer, counter-offer and material alteration decide whose conditions govern the sale.
CISG Contract Formation with Turkish Parties: When Is a Sales Contract Binding?
A sales contract with a Turkish company can be formed under the CISG through offer and acceptance without any signed document, and foreign parties should know when that moment occurs.
Interest Claims Under the CISG Against Turkish Buyers and Sellers
The CISG entitles a party to interest on any sum in arrears from a Turkish counterparty, but leaves the applicable rate to domestic law, making the choice of forum and governing law significant.
Choice of Law Clauses in Turkish Sales Contracts: Do They Exclude the CISG?
A generic choice-of-law clause naming Turkish law in a sales contract with a Turkish company does not automatically exclude the CISG, and foreign parties should draft such clauses with care to get the intended result.
Avoidance of Contract Under the CISG with Turkish Suppliers: When Can a Buyer Walk Away?
Terminating, or avoiding, a sales contract with a Turkish supplier under the CISG is only available for a fundamental breach or after a failed additional period for performance, and the buyer must declare avoidance promptly.
Related Legislation
- CISG m. 25
- CISG m. 35
- CISG m. 39
- CISG m. 49
- CISG m. 74
Topic Map
- Alternative routes
- Sales Contracts under Turkish Law
- Overlapping topics
- Commercial Sale of Goods
- Related topics
- Arbitration Agreements under Turkish LawDefective Goods and Consumer RemediesCMR and International Carriage of Goods
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