New Turkish Code of Obligations numbered 6098 will enter into force on 1 July 2012 following its publication in OG dated 4 February 2011, Nr. 27836.
The Code of Obligations has been modernized in response to number of challenges arising from contemporary needs. In its process of drafting, legal theories and opinions stated in academic literature as well as decisions of Turkish Supreme Court of Appeals were taken into consideration together with recent developments in comparative law, particularly those in Swiss and German law. The new code, consisting of 649 articles and 22 chapters, adopts a very plain language while it maintains general structure and systematic design of the Code of Obligations numbered 818, which is currently in force.
Prominent novelties and changes brought by the new code are as follows: Standard contract terms (article 20-25); strict liability and equalization (article 71); continuous contracts (article 126); release of debt (article 132); partial impossibility of performance (article 137); hardship (article 137); transfer of contract and cumulative assumption of debt (article205-206); installment sale contracts (article253-273); rental contracts on dwellings and roofed places of business (article 339-359); transfer of labor relationship (article 428); protection of worker against termination or labor contract (article 434); marketing agreement (article 448-460); labor contract to be performed in worker's house (article 461-469). There are substantial and numerous changes in the new code regarding the provisions of sales agreement, rental agreement, labor agreement and suretyship agreement.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
