Turkish law topic · 4 articles
Formation of Contracts under Turkish Law
Sözleşme, tarafların karşılıklı ve birbirine uygun irade açıklamalarıyla, yani öneri ve kabulle kurulur. Türk hukukunda kural şekil serbestisidir; ancak taşınmaz satışı, taşınmaz satış vaadi ve kefalet gibi işlemlerde kanunun aradığı şekle uyulmaması sözleşmeyi geçersiz kılar.
Guides and Articles
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.
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.
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.
Related Legislation
- TBK m. 1
- TBK m. 12
- TBK m. 13
- TBK m. 26
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