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
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.
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