Abstract
This article examines construction contracts in Turkey from the perspective of foreign employers, contractors, developers, lenders and landowners. It explains the statutory structure of the work contract under the Turkish Code of Obligations, the treatment of FIDIC style forms, price and variation risk, delay, defects, force majeure, hardship, termination, security, public procurement and land share construction models. It also addresses the evidential realities of Turkish construction disputes, including notice discipline, site records, expert evidence, mandatory mediation and arbitration. The practical conclusion is straightforward: an international form is only the starting point. Effective risk allocation requires a Turkish law review of the contract documents, authority chain, notice machinery, security package, dispute clause and project records.
Introduction
Construction disputes are rarely caused by one clause in isolation. They usually emerge from the interaction of design responsibility, incomplete scope, programme changes, payment administration, notices, site conditions and the quality of the contemporaneous record. Under Turkish law, those project facts are assessed against both the parties’ agreement and the statutory rules governing the work contract, eser sözleşmesi, in Articles 470 to 486 of the Turkish Code of Obligations, Law No. 6098, commonly referred to as the TCO.1
The legal classification matters. A contractor undertakes to produce a defined result, while the employer undertakes to pay the agreed price. The focus is therefore not merely whether the contractor exercised effort, but whether the promised work was completed, delivered and conformed to the contract. Detailed international forms remain enforceable in principle, but they do not operate in a vacuum. Mandatory rules, rules on good faith, formal requirements for real estate transactions, commercial law, public procurement rules and procedural law may alter the result that a reader of the English wording alone would expect.
For a foreign party, the safest approach is to treat Turkish law due diligence as part of project structuring. It should be completed before signature and revisited when a material change, suspension, defect or termination event occurs. Translation after a dispute has arisen is not a substitute for local legal architecture.
1. The statutory foundation of the work contract
Article 470 TCO defines the work contract through two reciprocal obligations: the contractor creates a work and the employer pays a price. A building is the obvious example, but the concept may also cover design packages, installations, industrial equipment, renovation and other deliverables where a result is promised.2
The contractor owes duties of loyalty and care and must perform through appropriately qualified personnel and organisation. Personal performance is required where the contractor’s characteristics are material, although subcontracting is normal where the nature of the work permits it. The contractor is also responsible for proper use of materials and must warn the employer promptly if employer supplied materials, instructions, land conditions or other circumstances endanger proper or timely performance.3 A contractor that proceeds silently despite a recognisable design or site problem may lose contractual and statutory arguments that would otherwise have been available.
The employer’s core duty is payment. In practice, however, its project obligations may extend to access, possession of the site, permits allocated to it, employer designs, decisions, approvals and coordination with other contractors. These obligations should be stated as clearly as the contractor’s scope. A vague cooperation obligation is difficult to programme, price and prove.
1.1 The contract hierarchy
International projects commonly incorporate an agreement, particular conditions, general conditions, specifications, drawings, bills of quantities, schedules, employer’s requirements, contractor proposals and tender clarifications. A priority clause should resolve inconsistencies among them. Without one, a dispute may turn on interpretation, chronology and the parties’ subsequent conduct.
The contract should also identify the language that prevails. A bilingual contract can be commercially useful, but dual authenticity may create avoidable ambiguity. Where project administration occurs in English but proceedings may occur in Turkish, disciplined terminology and a controlled translation glossary materially reduce later expert and translation disputes.
1.2 Authority and project administration
Foreign parties should verify signature authority, trade registry records, powers of attorney and internal approval requirements before signature. The same discipline is needed during performance. The contract should state who may instruct a variation, approve an extension, certify payment, waive a requirement or agree a settlement. Site personnel may have operational authority without having authority to change price or time.
A well drafted entire agreement or no waiver clause helps, but it cannot neutralise all consequences of actual conduct. Repeated acceptance of informal instructions, unreserved payments or performance outside the written procedure may influence how a court or tribunal interprets the parties’ relationship. The project team should therefore administer the contract that the parties signed, not a parallel arrangement developed through messaging applications and unsigned spreadsheets.
2. FIDIC style contracts in Turkish practice
FIDIC forms are widely used in Turkish energy, infrastructure, industrial and large commercial projects. The Red Book commonly allocates most design responsibility to the employer, the Yellow Book to the contractor, and the Silver Book places broader turnkey risk on the contractor. Those descriptions are only starting points. The actual allocation depends on the selected edition, particular conditions and project documents.
Turkish law generally respects contractual risk allocation and procedural machinery. Engineer determinations, notice clauses, extension of time procedures, tests, taking over and dispute board steps can therefore have real effect. The legal review should nevertheless test each mechanism against Turkish law and local procedure.4
Three issues require particular attention. First, a contractual time bar may be argued as a condition to entitlement, an evidential rule or a limitation of rights. Its wording, commercial context and compatibility with mandatory law matter. Second, a contract administrator may exercise decision making functions while remaining appointed and paid by one party. The agreement should distinguish administrative authority from any duty to decide fairly. Third, the contract should state the legal consequence of a dispute board decision, the deadline for dissatisfaction and the path to arbitration. Importing a clause from another edition without its connected provisions is a common drafting failure.
The particular conditions should be a genuine project document. They should reconcile FIDIC terminology with Turkish concepts, correct institutional and procedural references, allocate taxes and permits, identify notice addresses, address electronic communications and select the governing language. A list of amendments that changes defined terms without updating linked clauses often produces more risk than the standard form it was intended to improve.
3. Price payment variations and financial security
3.1 Lump sum and measurable price structures
Under Article 480 TCO, a contractor that agreed a lump sum must generally complete the work for that price even if performance requires more labour or cost than anticipated. Equally, the employer does not normally receive a reduction merely because performance proves cheaper.5 This rule makes scope definition decisive. A lump sum is reliable only to the extent that the work included in it can be identified.
Where no price was fixed in advance, Article 481 looks to the value of the work and the contractor’s expenditure. Where an approximate estimate is materially exceeded without the employer’s fault, Article 482 may give the employer remedies, with a specific rule for works erected on the employer’s land.6 The contract should not use the labels lump sum, unit price, cost reimbursable and target price interchangeably. Each label should be matched by a pricing schedule, measurement rule and risk allocation.
3.2 Variations and valuation
A workable variation clause answers five questions: who may instruct, what qualifies as a change, when notice must be given, how time and price are assessed, and what happens if valuation is not agreed before work proceeds. It should distinguish an instructed change from contractor correction of defective or noncompliant work.
Foreign contractors should avoid relying on an assumption that every site direction carries a right to additional payment. Employers should avoid requesting changed work through personnel whose authority is unclear. A short written instruction, reservation and contemporaneous cost record is far more valuable than a later reconstruction based on memory.
3.3 Interim payment and withholding
The contract should specify the certification timetable, supporting records, currency, tax treatment, retention, set off rights and final account procedure. Acceptance of an interim certificate usually does not by itself amount to final acceptance of quality or a waiver of unresolved claims, but the wording and reservation practice matter. A party that signs a final account, release or settlement without recording exclusions may compromise claims that it intended to preserve.
3.4 Guarantees and retention security
Advance payment guarantees, performance guarantees and retention guarantees are frequently issued as independent bank undertakings payable on first demand. Their legal operation must be analysed separately from the construction contract. The expiry date, demand mechanics, governing rules and reduction schedule should align with the project milestones. An employer should not discover after termination that a guarantee expired during an extension, and a contractor should not accept an open ended instrument that survives every realistic exposure.
4. Time delay liquidated damages and extension claims
The contract should distinguish the commencement date, access dates, sectional milestones, tests, taking over and final completion. It should also define the approved baseline programme and the procedure for updates. A programme that is never contractually accepted can still be useful evidence, but it may not carry the legal status that either party assumes.
Delay analysis under Turkish law remains fact intensive. The claimant must connect the relevant event to critical delay, comply with contractual notice and substantiation duties, and address concurrent causes where they exist. Daily reports, progress photographs, labour and equipment records, design registers, request for information logs and programme updates are often more persuasive than a polished claim prepared years later.
Parties commonly agree a contractual penalty or delay damages amount. Articles 179 to 182 TCO govern penalty clauses, while Article 22 of the Turkish Commercial Code materially affects a merchant’s ability to seek reduction.7 The legal position should not be reduced to the slogan that every excessive penalty will be reduced. Merchant status, the drafting, the relationship to actual loss, economic consequences and public policy jurisprudence require a fact specific assessment.
Where the employer contributed to delay, the contract should provide an extension mechanism and deal with prolongation cost. If it does not, general principles of default, causation, good faith and damages become more important. Notices should identify the event, contractual basis, expected effect and requested relief. They should be updated as the effect becomes measurable.
5. Defects inspection acceptance and limitation periods
The statutory defects regime is central to Turkish construction law. Following delivery, the employer must inspect the work as soon as the ordinary course permits and notify the contractor of defects. Apparent defects must be notified following that examination. A hidden defect discovered later must be notified without delay after discovery.8
Article 475 TCO provides remedies that may include rescission, price reduction and repair at the contractor’s cost where repair is possible without excessive expense, together with damages where the legal conditions are met. For a work constructed on the employer’s land, rescission is restricted where removal would cause disproportionate harm. The correct remedy therefore depends on the nature and gravity of the defect, the feasibility and proportionality of repair, use of the building and the contract.
Acceptance can extinguish liability for known defects unless rights were reserved, but it does not protect a contractor that intentionally concealed a defect or was grossly at fault in relation to a defect the employer could not identify through ordinary examination.9 Taking over, occupancy, a completion certificate and statutory acceptance should not be treated as automatically identical. The contract should define each event and its consequences.
Article 478 provides statutory limitation periods for defect claims: generally two years after delivery, five years for immovable structures and twenty years where the contractor was grossly at fault.10 These periods should not be confused with the contractual defects notification period. Expiry of a twelve month or twenty four month maintenance period does not necessarily eliminate statutory exposure, while failure to give a legally required defect notice can still prejudice a claim even though the limitation period has not expired.
The practical response to a suspected defect should be controlled. Preserve the condition, issue notice, obtain photographs and samples, invite joint inspection where appropriate, review safety consequences and avoid destructive remedial work before evidence is secured unless urgent protection is necessary. A party that repairs first and documents later may create avoidable proof problems.
6. Force majeure hardship and price adaptation
6.1 Contractual force majeure
Turkish law does not supply a single universal force majeure clause for every construction contract. The agreement should identify qualifying events, exclusions, notice, mitigation, time relief, cost consequences, prolonged event termination and treatment of affected subcontractors. War, embargo, natural disaster, epidemic, governmental restriction, utility interruption and labour events may require different allocation.
The legal consequence should match the event. Temporary prevention may justify suspension or time relief. Permanent impossibility may engage Articles 136 and 137 TCO. A cost increase that leaves performance possible is normally analysed differently from impossibility.11
6.2 General hardship under Article 138
Article 138 TCO permits a debtor to seek adaptation where an extraordinary event, not foreseen and not attributable to the debtor, fundamentally changes the circumstances against the debtor and makes performance contrary to good faith. The debtor must also satisfy the statutory requirements concerning performance and reservation. If adaptation is unavailable, termination may become relevant.12
6.3 The specific rule for lump sum works
Article 480 paragraph 2 contains a construction specific route. If unforeseen circumstances, or circumstances foreseen but disregarded, prevent performance or make it excessively difficult, the contractor may seek judicial adaptation and, where adaptation is not possible or cannot fairly be required, withdrawal or termination according to the nature of performance.13
The threshold is not met by ordinary inflation or an unprofitable bid alone. Courts examine foreseeability, contractual allocation, causation, the degree of disruption, tender assumptions, available indices, mitigation and whether performance was made with an appropriate reservation. The Court of Cassation’s approach in fixed price cases illustrates that cost escalation must be examined through the statutory test and the contract’s risk allocation, not treated as an automatic entitlement to additional payment.14
Price adjustment clauses are therefore not merely commercial appendices. They can define the indices, base date, currencies, caps, exclusions and treatment of changes in law or tax. Clear adjustment machinery provides more predictable relief than relying exclusively on later adaptation litigation.
7. Suspension termination and completion by others
Termination is one of the highest risk moments in a construction project. Before acting, counsel should identify the legal basis, required notice, cure period, evidence of breach, payment position, possession of the site, materials, design licences, subcontractors, guarantees and the selected dispute forum.
General reciprocal contract remedies and default rules in Articles 117 and 123 to 125 TCO may operate alongside the work contract provisions.15 Article 473 also provides a mechanism during performance where it can be clearly anticipated that the work will be defective or contrary to the contract. Subject to its conditions, the employer may give an appropriate period and warning before arranging correction or continuation through a third party at the contractor’s risk and cost.16
Article 484 separately permits the employer to terminate before completion by paying for work performed and fully compensating the contractor. This is a termination for convenience concept, not a finding of contractor default.17 Its financial consequence can be substantial and should be addressed expressly in international contracts.
After a default termination, immediate operational decisions can prejudice the legal case. The terminating party should secure the site, prepare a joint or independently witnessed inventory, preserve digital records, document incomplete and defective work, review insurance and guarantees, and separate emergency safety work from permanent completion. Completion cost must be reasonable, evidenced and causally linked.
8. Land share construction agreements
A land share construction agreement, arsa payı karşılığı inşaat sözleşmesi, combines a contractor’s duty to construct and deliver with the landowner’s obligation to transfer land shares or independent units. It is a mixed contract with substantial real estate consequences. The formal requirements connected with the promised transfer of immovable property must be observed, generally through an official arrangement and appropriate land registry or notarial process.18
The Court of Cassation’s unification decision of 25 January 1984 is a leading authority on the limited circumstances in which reliance on a formal defect may conflict with good faith after performance has reached the legally relevant level.19 It is not a drafting shortcut. Parties should comply with form from the outset rather than plan to litigate an exception.
Transfers to the contractor and onward sales require particular care. The Court of Cassation’s unification decision of 30 September 1988 is frequently cited for the principle that rights derived from the contractor may remain connected to the contractor’s performance against the landowner.20 A buyer from the contractor should therefore investigate the underlying agreement, progress, land registry status, annotations, encumbrances, termination risk and the contractor’s entitlement to the relevant unit.
For a foreign landowner, staged transfer tied to independently verified progress is usually safer than a large upfront transfer. Specifications, unit allocation, common areas, permits, completion criteria, title delivery, mortgage release, sales authority and insolvency protections should be explicit. A land registry annotation may improve visibility and priority but does not cure every substantive defect.
9. Public construction contracts
Public works require a separate analysis. Law No. 4734 governs procurement procedures, while Law No. 4735 governs contracts concluded under that procurement framework. Tender documents, standard forms, implementation regulations, price difference rules and Public Procurement Authority decisions may be decisive.21
A foreign bidder should review qualification, joint venture structure, bid and performance security, prohibited acts, local documentation, electronic procurement requirements, tender challenge deadlines and the exact price adjustment regime before bidding. Those issues cannot safely be corrected after award.
The procurement challenge route and a contractual payment or delay dispute are not necessarily the same proceeding. The applicable remedy, authority and deadline depend on the stage and legal character of the dispute. A bidder should obtain advice immediately when it becomes aware of a potentially challengeable tender act because administrative time limits can be short.
10. Dispute resolution and evidence
10.1 Turkish court proceedings
Commercial construction cases may proceed before competent Turkish civil or commercial courts depending on the parties and dispute. Technical issues are commonly examined through court appointed experts. The expert assists with specialised fact and calculation questions, while the court remains responsible for legal characterisation. Parties should frame objections precisely and connect them to contract documents, measurements, programme evidence and accounting records.
10.2 Mandatory mediation
For many commercial actions seeking payment of money or compensation, mediation is a mandatory precondition under Article 5/A of the Turkish Commercial Code and the Mediation Law before proceedings can be filed.22 Whether a particular construction claim falls within mandatory mediation depends on the legal character of the parties and relief. The limitation position and procedural certificate should be checked before filing.
10.3 Arbitration
International arbitration is commonly selected for major projects involving foreign parties. Law No. 4686 applies to qualifying international arbitration with the relevant Turkish connection, while Articles 407 to 444 of the Code of Civil Procedure govern domestic arbitration. Turkey is also a party to the 1958 New York Convention, subject to its reservations.23
The clause should specify the institution or rules, seat, number of arbitrators, language, governing substantive law and scope. It should be coordinated with any dispute board or expert determination step. An arbitration clause should not merely say that disputes will be settled by arbitration. Uncertainty over the administering institution, seat or appointment mechanism creates satellite litigation at the worst possible time.
Foreign parties should also distinguish the seat from the hearing venue and the governing law of the contract from the law of the arbitration agreement. Interim measures, evidence preservation, joinder of subcontractors and consolidation across project contracts deserve attention before signature.
10.4 The project record
The decisive record usually includes the signed agreement and amendments, authority documents, notices, programmes, daily reports, design registers, inspection records, photographs, meeting minutes, payment applications, certificates, invoices, cost ledgers, guarantee documents and correspondence. A dispute protocol should identify custodians, preserve original metadata and suspend routine deletion.
Foreign parties should not assume that an English document will be used without Turkish translation in a Turkish court. Translation quality and consistency can affect the presentation of technical and contractual concepts. A bilingual chronology and indexed document set often saves significant time and cost.
11. Court of Cassation guidance in practice
Court of Cassation decisions do not replace the statutory text, and the result remains fact specific. Three lines of authority are especially important for transaction planning.
First, the 1984 unification decision concerning land share construction agreements shows that strict form and good faith can interact in exceptional performance circumstances. It should be read narrowly and not as permission to execute an informal real estate arrangement.24
Second, the 1988 unification decision highlights the derivative and potentially conditional nature of a purchaser’s position where title or a personal right is obtained through the contractor. Due diligence must extend to the contractor’s performance under the underlying landowner agreement.25
Third, chamber decisions applying Article 480 confirm that a lump sum allocation is the starting point and that adaptation requires proof of the statutory conditions. A dramatic cost movement may be relevant, but it does not displace evidence on foreseeability, risk allocation, performance, reservation and causation.26
The practical lesson is that case citations should be used to identify a legal test, not as substitutes for the project facts. A claim that quotes a decision but lacks notices, programme analysis and cost evidence will remain vulnerable.
12. A foreign party checklist before signing
Counterparty and authority. Verify legal existence, trade registry, signatories, powers of attorney, ownership, sanctions exposure and relevant licences.
Scope and design. Identify design responsibility, performance standards, interfaces, exclusions and the document priority order.
Land and permits. Confirm title, zoning, construction rights, easements, permits and responsibility for obtaining each approval.
Price and currency. State whether the price is lump sum, measurable or adjustable, and address tax, withholding, currency and indexation.
Programme. Define access, milestones, testing, taking over, extensions and programme update obligations.
Notices. Use workable addresses, electronic methods, authorised recipients and realistic substantiation periods.
Security and insurance. Align guarantees, retention, insurance, indemnities and expiry dates with the real project risk.
Variations. Restrict instruction authority and define valuation, time effect and records.
Defects. Coordinate inspection, notice, repair, taking over, statutory limitation and evidence preservation.
Termination. Address cure, site possession, materials, licences, subcontractors, guarantees and completion by others.
Dispute process. Use a complete governing law and jurisdiction or arbitration clause, coordinated with dispute board and mediation requirements.
Local advice. Review Turkish mandatory rules, formalities and procedure before execution, not only after a dispute.
Frequently asked questions
Is a FIDIC contract enforceable in Turkey without modification
A properly incorporated FIDIC form can be enforceable, but unmodified text may not address Turkish mandatory rules, local formalities, procedural law, taxes, permits, electronic notices or the intended dispute mechanism. The particular conditions should be adapted to the project and Turkish law.
Can a contractor obtain extra payment because material prices increased
Not automatically. A lump sum contractor normally bears ordinary cost risk under Article 480. Contractual price adjustment may apply. In exceptional cases Article 480 paragraph 2 or Article 138 may support adaptation, but the contractor must prove the statutory conditions and address the contract’s risk allocation.
How quickly must construction defects be notified
The employer should inspect after delivery as soon as the ordinary course permits and notify apparent defects following inspection. Hidden defects should be notified without delay after discovery. The contractual procedure should also be followed. Waiting for the end of the defects period can be dangerous.
Does the end of the defects notification period eliminate liability
No. The contractual maintenance period and statutory limitation periods are different concepts. Article 478 provides separate limitation periods, including a five year period for immovable structures and a twenty year period in cases of gross fault. Notice and acceptance issues still require separate analysis.
Can the employer terminate the project whenever it wishes
Article 484 permits termination before completion, but the employer must pay for work performed and fully compensate the contractor. Default termination is legally different and requires a valid basis and compliance with applicable notice and cure requirements.
Should a foreign party choose Turkish courts or arbitration
There is no universal answer. Arbitration may offer a neutral forum, specialist decision makers and international enforcement advantages. Turkish courts may be efficient for local interim and enforcement issues and may be required by the relevant legal structure. Value, urgency, counterparties, connected contracts and asset location should drive the choice.
Is a notarised land share construction agreement enough protection
No. Formal validity is essential, but commercial protection also depends on title status, annotations, staged transfers, security, progress verification, specifications, encumbrances, sales authority and termination consequences.
What should a foreign client bring to the first meeting with Turkish construction counsel
Bring the signed contract and amendments, tender documents, programme, notices, payment records, guarantees, key correspondence, defect or delay evidence, a short chronology and the relief sought. Early document organisation allows counsel to identify deadlines, preserve evidence and select the correct remedy.
Conclusion
Turkish construction law gives substantial effect to party autonomy, but it combines that freedom with detailed statutory rules on work contracts, good faith, defects, price risk, termination and form. Foreign parties should not evaluate a Turkish project through the general conditions alone. The legally meaningful contract is the full set of project documents read together with Turkish law and the parties’ actual administration.
The strongest position is created before the first dispute notice. Clear scope, disciplined authority, coherent variation and extension procedures, aligned security, valid real estate formalities and reliable records reduce both the probability and the cost of dispute. Once a problem arises, prompt Turkish law advice is important because notice, evidence and procedural timing may determine which rights remain available.
Bibliography and official sources
Legislation and official materials
Turkish Code of Obligations, Law No. 6098, Official Gazette No. 27836, 4 February 2011, especially Articles 117, 123 to 138, 179 to 182 and 470 to 486. Current text available through the Ministry of Justice UYAP Legislation portal, https://mevzuat.adalet.gov.tr.
Turkish Commercial Code, Law No. 6102, especially Articles 22 and 5/A. Current text available through the Ministry of Justice UYAP Legislation portal.
Code of Civil Procedure, Law No. 6100, especially Articles 266 to 287 and 407 to 444. Current text available through the Ministry of Justice UYAP Legislation portal.
International Arbitration Law, Law No. 4686, Official Gazette No. 24453, 5 July 2001.
Law on Mediation in Civil Disputes, Law No. 6325.
Public Procurement Law, Law No. 4734, and Public Procurement Contracts Law, Law No. 4735. Current legislation and secondary materials available from the Public Procurement Authority, https://www.kik.gov.tr.
Law No. 3731 approving Turkey’s accession to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Official Gazette No. 20877, 21 May 1991.
Court of Cassation Judgment Search, official database, https://karararama.yargitay.gov.tr.
Official Gazette of the Republic of Turkey, https://www.resmigazete.gov.tr.
Court of Cassation decisions
Court of Cassation Grand General Assembly on the Unification of Judgments, E. 1983/3, K. 1984/1, 25 January 1984.
Court of Cassation Grand General Assembly on the Unification of Judgments, E. 1987/2, K. 1988/2, 30 September 1988.
Court of Cassation, 15th Civil Chamber, E. 2019/3771, K. 2020/1216, 2 June 2020.
Selected legal books
Fahrettin Aral and Hasan Ayrancı, Borçlar Hukuku Özel Borç İlişkileri, Yetkin Publications, October 2024.
Mustafa Alper Gümüş, Borçlar Hukuku Özel Hükümler Kısa Ders Kitabı, Yetkin Publications, October 2024.
Mehmet Şengül, Borçlar Hukuku Özel Hükümler, On İki Levha Publications, 2025, ISBN 978-625-5930-37-8.
Mehtap İpek İşleten, İnşaat Sözleşmelerinde Aşırı İfa Güçlüğü, On İki Levha Publications, 2026, ISBN 978-625-8506-85-3.
Footnotes
1. Turkish Code of Obligations, Law No. 6098, arts. 470 to 486.
2. Law No. 6098, art. 470; Aral and Ayrancı, Borçlar Hukuku Özel Borç İlişkileri.
3. Law No. 6098, arts. 471 to 472.
4. Law No. 6098, arts. 26 to 27; International Arbitration Law No. 4686 where applicable.
5. Law No. 6098, art. 480 para. 1.
6. Law No. 6098, arts. 481 to 482.
7. Law No. 6098, arts. 179 to 182; Turkish Commercial Code, Law No. 6102, art. 22.
8. Law No. 6098, arts. 474 and 477.
9. Law No. 6098, art. 476.
10. Law No. 6098, art. 478.
11. Law No. 6098, arts. 136 to 137.
12. Law No. 6098, art. 138.
13. Law No. 6098, art. 480 para. 2.
14. Court of Cassation, 15th Civil Chamber, E. 2019/3771, K. 2020/1216, 2 June 2020; see also İşleten, İnşaat Sözleşmelerinde Aşırı İfa Güçlüğü.
15. Law No. 6098, arts. 117 and 123 to 125.
16. Law No. 6098, art. 473.
17. Law No. 6098, art. 484.
18. Turkish Civil Code, Law No. 4721; Land Registry Law No. 2644; Notaries Law No. 1512; Law No. 6098, art. 237, as applicable to the transaction structure.
19. Court of Cassation Grand General Assembly on the Unification of Judgments, E. 1983/3, K. 1984/1, 25 January 1984.
20. Court of Cassation Grand General Assembly on the Unification of Judgments, E. 1987/2, K. 1988/2, 30 September 1988.
21. Public Procurement Law No. 4734; Public Procurement Contracts Law No. 4735; applicable secondary legislation and tender documents.
22. Turkish Commercial Code, Law No. 6102, art. 5/A; Law on Mediation in Civil Disputes No. 6325, art. 18/A.
23. International Arbitration Law No. 4686; Code of Civil Procedure No. 6100, arts. 407 to 444; Law No. 3731 approving accession to the New York Convention.
24. Court of Cassation Grand General Assembly on the Unification of Judgments, E. 1983/3, K. 1984/1, 25 January 1984.
25. Court of Cassation Grand General Assembly on the Unification of Judgments, E. 1987/2, K. 1988/2, 30 September 1988.
26. Court of Cassation, 15th Civil Chamber, E. 2019/3771, K. 2020/1216, 2 June 2020.
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.
