TYPES OF CONTRACTS
Since there is a principle of freedom of contract in our law, the parties also have the opportunity to enter into completely different contracts that are not completed in the law, or to enter into mixed-type contracts by mixing the actions in the contracts defined in the law. It should be noted that it is not possible to regulate all the types of contracts that can be established in this way in the Turkish Code of Obligations. Just as each of these contracts can have many types within itself, each contract has consequences according to its own conditions.
1-Sales Contract
A sales contract is one of the most common types of contract. A sales contract is a type of contract in which the seller owes to transfer ownership of the seller’s goods or a right of economic value to the buyer in exchange for a price owed by the buyer. With the realization of the sale, a right that carries a good or economic value passes to the other party in exchange for a sum of money.
The sales contract can be examined under two main headings. These are the sale of movable property or the sale of immovable property. The form of arrangement of the sales contract and the conditions of the contract vary depending on whether the sale is made about movable property or immovable property.
TBK m.207 : A sales contract is a contract in which the seller undertakes to transfer the possession and ownership of the sold property to the buyer, and the buyer assumes the debt to pay a price in return.
Unless otherwise agreed by the contract or there is no contrary one, the seller and buyer are obliged to fulfill their debts at the same time. The price, which can be determined according to the situation and conditions, is in the form of a decided price.
The sale of movable property is the sale of things other than those considered immovable in accordance with the Turkish Civil Code and specified as movable in other laws. Except in discrete cases arising from the law, the necessity of the situation or the special conditions stipulated in the contract, the benefits and damages of the seller belong to the seller until the moment of registration; transfer of ownership in movable sales, and in immovable sales.
In the event of a default by the buyer in the acquisition of the possession of the sold property in the sale of movables, the benefit and damage of the sold property will be transferred to the buyer as if the transfer of the possession had taken place.
On the other hand, the validity of the movable property sale depends on the formal arrangement of the contract. The promise of the sale of real estate, repurchase and purchase agreements will also not be valid unless they are officially arranged. In order for the preliminary agreement to be considered valid, it is sufficient that it has been made in writing.
2-Distance Sales Contract
With the inclusion of the Internet and social media in our daily life and the increasing use of the Internet, we have come to the situation that we can meet many of our needs through the Internet. Since the curfews started to be implemented within the scope of Covid-19 measures, many of us have been inclined to supply all our basic needs, including grocery shopping, online. A distance sales contract is an adapted version of a sales contract for internet purchases, which protects the buyer and seller from the fact that there is a legal relationship in online purchases.
Before accepting the distance contract or any corresponding offer, the consumer is clearly and clearly informed by the seller or provider that he will be under paying obligation in accordance with the issues set out in the regulation and if his order is approved.
When shopping on the Internet with a distance sales contract, it contains detailed information about goods and services and information about return and withdrawal conditions, while at the same time it is aimed to prevent problems that may arise while shopping and afterwards. Completion of the sale in e-commerce on the Internet is possible only with the approval of the distance sales contract by the buyer, that is, by marking the section I have read, I approve.
3-Trampa (Clearing) Contract
Trampa is the replacement of one commodity with another commodity. Trampa contract is a contract that imposes debt on both parties. Both sides of the contract owe it to give something. It is not possible to make a trampa contract over money. The subject of the tramp contract should be the cost. However, if there is a difference in value between the goods to be exchanged, a certain amount of money may be given to the other party at the value of this difference. Dec.
TBK m.283 : The provisions of the contract of sale also apply to the contract of exchange of goods; accordingly, each of the parties is in the position of the seller in terms of what he undertakes to give and the buyer in terms of what he undertakes to give.
The goods subject to tramp can be transported or immovable. If the goods subject to trampa are transported, the delivery of the possession of the goods of the contract, if the goods subject to trampa are not transported, the trampa contract must be made at the Land Registry Office in the form of an official deed.
4-Forgiveness Agreement
A contract that provides for someone to transfer the ownership of something to the other party gratuitously is a forgiveness contract. The thing to be forgiven, the thing that is the subject of forgiveness, can also be movable or immovable property or a right that has economic value.
TBK m.286 : Anyone who has a Decit to act can grant forgiveness without prejudice to the limitations arising from the property regime between spouses or inheritance law.
If, as a result of a trial initiated within one year following the forgiveness, it is decided that the donor should be restricted because of his extravagance, that forgiveness may be revoked by the court.
Forgiveness can be done with a hand-to-hand forgiveness or a promise of forgiveness contract. If the donated thing is moved, forgiveness takes place by delivery, if the donated thing is immovable, by writing the other party as the owner in the title deed register, or if the donated thing is a right, forgiveness takes place by transferring the right.
5-Lease Agreement
One of the types of contracts that we often encounter in daily life is a lease agreement. A lease agreement is a type of contract that provides the opportunity to use a property or a right for a price. Renting a property as well as selling it is one of the legal transactions that take place frequently.
The basic elements of the lease agreement are the availability of the goods or rights to be rented. This property may be movable or immovable. If it is a right to be rented, this right must be a right suitable for using or making a profit. There are also types of lease agreements within themselves, these are ordinary lease agreement and revenue lease agreement.
Ordinary Lease Agreement; With an ordinary lease agreement, the lessee owes to the lessee to leave the use of a certain property in exchange for a price. There is no form requirement for the ordinary lease agreement, so it can be done in writing or verbally. However, in case of a dispute, it is recommended that the ordinary lease agreement be made in writing for ease of proof.
A Revenue Lease Agreement; a revenue lease agreement is a lease agreement in which the lessee owes the operation of a product or profit that is suitable for obtaining a product or profit by operating it, or the use of a right that has some money or economic value, and to leave the product or profit that can be obtained as a result of the operation to the revenue tenant, in return for which the lessee owes to pay a price. The revenue lease agreement can be made in writing or verbally.
6-Consumption Payment Contract
A consumption payment contract is a contract in which the lender undertakes to transfer a certain amount of money or something that can be consumed to the borrower, and the borrower undertakes to return the same quality and amount of things.
It is decisive whether the consumption payment contract is a commercial contract when it comes to asking for interest. Interest cannot be requested in a non-commercial consumption payment contract unless it has been agreed by the parties. In the commercial consumption payment contract, interest may be requested even if it has not been agreed by the parties.
7-Payment Agreement for Use
A payment agreement for use is a contract in which the lender undertakes to leave the gratuitous use of something to three areas of payment, and the borrower undertakes to return it after using that thing.
The borrower may not use the subject matter of the loan outside of the form agreed in the contract, if there is no provision in the contract, contrary to its nature or the purpose for which it was originally created. The borrower cannot make the subject of the loan available to anyone else. In cases where the borrower acts in violation of these provisions, he is also liable for damages arising from unexpected situations. It will be possible to get rid of liability if it proves that the damage would have been caused even if it had complied with these provisions.
8-Service Agreement
A service contract is a type of contract in which one party owes the other to provide services in exchange for paying a fee. Dec paying a service contract In general, a service contract is a legal relationship between an employee who pays a fee and an employee for a fee. The one who owes to receive services is called an employee, and the one who employs is called a business owner.
The service contract is not subject to a special form unless there is a provision to the contrary in the law. A service agreement, the invalidity of which is subsequently understood, will give rise to all the terms and consequences of a valid service agreement until the service relationship is eliminated.
9-Home Service Contract
A home service contract is a type of contract in which the employer undertakes to perform the work provided by the employee in his own home or in another place to be determined, personally or together with family members for a fee.
Pays paid for the work, the employer informs the employee of the specific features of that job, which are outside the general working conditions, at each new job assignment; informs the employee in writing of the material to be provided by the employee, if necessary, how much he will pay for the provision of this material and the wage he will pay for the work.
10-Work Contract
The work is the result of concrete bits that are created by spending labor of a kind that outweighs the physical or intellectual side, and using the necessary tools and materials. The contractor who creates the work is called the contractor, and the party who owes paying the price is also called the owner of the business.
A work contract is a type Dec paying contract between a contractor who owes to create a work for a price and a business owner who owes to pay a price in return. The work contract does not depend on the form.
Turkish Code of Obligations m.in Article 83, under the heading ”Absence of Obligation to Perform in Person”, the fulfillment of the debt is regulated in which cases it will not be necessary to be performed personally by the debtor. Starting from this, it can be deduced that the debtor is not obliged to personally fulfill his debt unless there is no benefit arising from the fulfillment of the debt by the creditor by the debtor personally. However, if a job has been undertaken for the creditor in which the debtor’s personal skills and experience are at the forefront, the debt must be personally performed by the debtor.
11-Publication Agreement
A publishing agreement is a contract in which the owner or successor of an intellectual and artistic work undertakes to leave it to the publisher for publication, and the publisher undertakes to reproduce it and publish it. Concluding agreements on the rights to the work before using the work will be very useful in terms of resolving disputes that are likely to arise later. With the publication agreement, the rights of the owner of the work are transferred to the publisher to the extent and for the period required by the performance of the contract.
The validity of the publication agreement depends on the fact that it was made in writing. The transfer of the translation right to the publisher depends on the fact that this is clearly stated in the contract.
12-Surrogacy Agreement
It is a contract established between the giver of power of attorney and the surrogate, in which the responsibility of performing the work for a result in accordance with the interests and will of the giver of power of attorney is assumed by the Decer. People can leave the management of a business, the execution of a transaction, the performance of a service to someone who is not bound by a service contract. The relationship between the person who leaves the management of the work, its execution and its Decoupling to someone else and the person who takes over the performance of this work is a power of attorney agreement.
The power of attorney agreement is not subject to any form. It is even possible that the power of attorney agreement can be established by express or implied declaration of will. Even if the power of attorney agreement has not been established by the parties’ explicit declarations of will, a power of attorney relationship may arise between the parties provided that the power of attorney does not make a noise about the attorney’s work and then Decrees.
If the scope of the power of attorney is not clearly indicated in the contract, it is determined according to the nature of the work to be performed. Power of attorney also includes, in particular, the authority to take the necessary legal actions for the performance of the work undertaken by the power of attorney. Unless the proxy is specially authorized, he cannot file a lawsuit, become a magistrate, apply to an arbitrator, request bankruptcy, postponement of bankruptcy and concordat, commit to exchange, grant forgiveness, become a guarantor, transfer real estate and limit himself to a right. If there is a contract or a custom, the surrogate is entitled to a fee.
13-Escrow Agreement (Vedia)
The legal relationship established between the person who is left to store and protect something and the person who receives it is an escrow contract. Dec. The escrow agreement does not depend on the form, it can be made in writing or verbally.
If a period has been agreed in the escrow agreement, the escrowee cannot return the escrow before the end of that period. However, the depositor may request the deposit back at any time without being bound by this period. If the retention period is not specified in the contract, one of the two parties may break the contract at any time.
14-Bail Agreement
A surety agreement is a contract in which the surety undertakes to be personally responsible to the creditor for the consequences of the debtor’s failure to fulfill his debt. Pays pay surety agreement is a contract established for the purpose of securing the payment of a debt, in which a third person, that is, a person who is a guarantor other than the main debtor, undertakes to pay the debt. There are important elements for the guarantor agreement to be valid:
First of all, the money debt that is the subject of the bail-in should be based on a valid debt relationship. The guarantor must provide a statement of will stating that he agrees to become a guarantor. This statement of will must be in written form and signed by the guarantor. In the text signed by the guarantor, it should be clearly regulated for which debt the surety was granted, who the debtor is, and what is the maximum amount that the guarantor will be responsible for. Pays payable amount to the creditor, the guarantor becomes a creditor from the original debtor, so that the guarantor can also ask the debtor for what he paid to the creditor.
The special conditions agreed between the guarantor and the creditor are Deceptive in terms of the guarantor’s liability. If the guarantor’s responsibility is limited to certain legal actions or actions in the concluded bail agreements, it cannot be claimed that the guarantor has responsibility other than these legal actions and actions.
Since the scope of the guarantor’s liability is limited to the original debt, the guarantor will not be responsible for this increase if the actual debt amount increases later. However, in some cases, the liability of the guarantor is affected in accordance with the changes in the actual amount of the debt.
15-Loan Agreement
A loan agreement is a type of contract in which the party who opens a loan owes a loan to the borrower on a continuous basis, provided that it does not exceed a certain limit, and receives an interest commission in return. Loan agreements are usually made between a bank and a trader.Dec. The loan agreement is made in written form.
16-One-Seller Agreement
A single-Decker contract is a type of contract established between a manufacturer who produces goods in series and a single seller who agrees to constantly buy his goods and sell them on his behalf and account in a certain region. A single-seller contract is a contract in which the manufacturer of the products undertakes to send some or all of the products to a single seller for a price to sell them as a monopoly in a certain region, and the single seller undertakes to carry out activities to increase the version of the goods by selling the products on his own behalf and account. A single sales contract can be made for a certain period of time, or it can also be made for an indefinite period of time.
17-Release Agreement For Sale
In a release for sale agreement, when leaving for sale, in exchange for the agreed price, the person who leaves for sale owes to deliver the goods to the other party to sell on his own behalf and account, the party to whom the goods are left undertakes to pay the specified price and return the unsold goods.
In other words, a good is not sold directly to someone, it is left to someone for sale, the person who is left with the goods sells as much of this good as he can sell, and pays the money of those sold to the person who left the goods at the agreed rate, and gives the remaining goods back to the person who left the goods.
18-Franchising Agreement (Marketing Concession Agreement)
As a sector whose name has been frequently heard in recent years, “franchising” is a business relationship with well-known, successful companies that cover production, marketing and distribution processes and have proven their quality for a certain price by providing support to the management and execution of the business. The franchising agreement is formed between the franchisor and the franchisees.Dec.
19-Brokerage Agreement
A broker is a person who brings together people with mutual interests, mediates for these people. Dec. Brokers get a commission from this business.
A brokerage agreement is a contract in which the broker undertakes to prepare or mediate the establishment of a possibility for the establishment of a contract between the parties and is entitled to a fee if this contract is established. Dec. As a rule, the provisions related to power of attorney are applied in the brokerage agreement. The brokerage agreement on real estate will not be valid unless it is made in writing.
The broker is only entitled to a fee if a contract is established as a result of his activity. If the contract established as a result of the broker’s activity is subject to a delaying condition, the fee is paid if the condition is fulfilled.
20-Commission Agreement
Purchase or sale brokerage is a type of contract in which the broker undertakes the purchase or sale of negotiable instruments and movables on behalf of himself and on the account of the proxy giver in exchange for a fee. The broker is obliged to inform the power of attorney about the work he has done and to inform him immediately, especially when his instructions are fulfilled.
The broker may request payment of his pay when he does the work assigned to him, or he may also request if the failure to do the work is caused by a reason that can be assigned to the power of attorney. The broker acts contrary to the rules of honesty against the proxy giver, especially if he informs him of a price that is more than he bought or less than he sold, he loses the right to charge.
21-Ordinary Partnership Agreement
An ordinary partnership agreement is a type of contract in which two or more people undertake to combine their labor and goods in order to achieve a common goal. Each partner is obliged to put a participation share in the partnership in the form of money, receivables or other goods or labor. Unless otherwise agreed in the contract, the participation shares must be equal to each other and of the importance and nature required by the purpose of the partnership. The partners are obliged to share Decently all the profits belonging to the partnership between them.
TBK m.623 : Unless otherwise agreed in the contract, each partner’s share of the gain and loss is equal, regardless of the value and nature of the participation share.
If one of the partners’ participation shares in the gain or loss is determined in the contract, this determination also refers to the share in the other.
The agreement that a partner will participate only in the gain, without participating in the loss, is valid only for the partner who has put in his labor as a share of participation.
22-Contract of Care Until Death
A care-until-death contract is a contract in which the care debtor undertakes to care for and care for the care creditor until death, and the care creditor undertakes to transfer the values of an asset or some asset to him. The contract of caring until death is a contract that gives rise to two-sided debt. While one party owes the other party to take care of him until he dies, the party who is being taken care of owes him to transfer a certain part of his assets to the minister until he dies.
Even if the contract of care until death does not include the appointment of an heir, it does not apply unless it is made in the form of an inheritance contract. If the contract has been made by a State-appointed maintenance institution in compliance with the conditions set by the competent authorities, it is sufficient to make it in writing for its validity.
23-Lifetime Income Contract
A lifetime income contract is a type of contract in which the income debtor undertakes to perform certain periodic actions to the income creditor during the lifetime of one of them or a third person. If there is no explicit provision to the contrary, the contract shall be deemed to have been concluded during the lifetime of the income creditor. The income, which is limited to the lifetime of the income debtor or a third party, passes to the heirs of the income creditor, unless otherwise agreed. The validity condition of the lifetime income contract has been made in writing.
TBK m.607 : The contract shall be deemed to have been concluded during the lifetime of the income creditor, unless there is an explicit provision to the contrary.
The income, which is limited to the lifetime of the income debtor or a third party, passes to the heirs of the income creditor, unless otherwise agreed.
Dec. 24-Construction Contract for Land Share
A construction contract in exchange for a land share is a type of contract that has been established frequently in recent years.Dec. However, the construction contract in exchange for the land share is not regulated in the Turkish Code of Obligations. Dec. A Dec Dec construction contract is a contract in which the landowner delivers his land to the party that will build the construction in a convenient way for the construction, and the party that does the construction, that is, the contractor in general, also builds on the plot and enters into a debt to deliver the part that falls to the landowner in exchange for the Dec Dec Dec share.
25-Factoring Agreement
Factoring is a financing method applied to domestic and foreign trade transactions, especially for short-term sales of goods. The organizations that provide factoring services are also called Factoring Companies. The factoring contract is made between the Factoring Company and the merchant, that is, the seller, who sells futures goods or provides services to domestic and foreign buyers. Dec.