Law of Obligations

It has been organized into three basic categories. Law of obligations, birth, transfer, termination of debt, penal clause, statute of limitations on debt, assignment of debt, etc. It is a field of law in which legal problems arising from numerous debt relationships are arranged.

Some of the Lawsuits and Works Covered by the Law of Obligations:

Termination of Lease Agreement and Case for Evacuation:

In our Code of Obligations, the termination of the rental agreement by notification, the validity conditions of the notification and the reasons and within which period the eviction lawsuit should be filed are regulated. (UK. Art.-347-348-349-350-351-352)

Case for Determination of Rental Fee:

The determination of the rental price, the duration of the lawsuit and the effect of the decision are regulated in Articles 344 and 345 of the Code of Obligations.

Case of Negative Determination and Restitution Case:

The debtor, against whom an enforcement proceeding without a judgment has been made, may claim that he is not indebted in terms of substantive law, even if the enforcement proceeding has been finalized due to the fact that the payment order has not been objected to or has been objected to but not seen in place. For this reason, he can file a negative declaratory action against the creditor while the proceedings continue, or, if he has not filed such a negative declaratory action and paid the debt under the threat of forcible execution, he can file a restitution action against the creditor for the money he has paid to be returned to him.

Assignment of Receivable (transfer):

Assignment (transfer) of receivable is the process of changing the creditor of an existing receivable. Some receivables are not allowed to be assigned. Non-transferable receivables arise from the law, the contract or the nature of the work. According to Article 184 of the Code of Obligations, the assignment of receivables agreement must be made in writing between the assignor and the assignee. What is meant by the written form requirement is at least the ordinary written form.

Joint Liability (responsibility):

Joint indebtedness is regulated under the title of succession in the Code of Obligations, and it is a relationship of indebtedness in which more than one debtor agrees to be responsible for the entire debt to the creditor.

Contract of Work and Its Elements:

A work contract is a work contract that includes mutual acts. The contractor’s act is to create the work and deliver it to the employer, while the counter-action of the employer is to pay the price of the delivered work. There are two basic elements in contracts of work: “work” and “price”.

Claim of Free of Charge and Negative Determination Case in the Bill of Exchange:

The legal basis of the negative declaratory action based on the bonus is the Code of Obligations 77 et al. unjust enrichment regulated in articles.

Error, Fraud and Intimidation in the Law of Obligations:

In the Turkish Law of Obligations, the reasons that disrupt the will are taken under three conditions. The party whose will is overturned due to any of these three elements is not bound by the contract.

Covenant of Faith:

It is a debiting treatment between the believer and the believer, which determines their rights and debts, the reasons for the termination of the faithful treatment and the conditions of returning (returning) the transferred right to the believer by the believer.

Penal clause:

The penal clause is the act that the debtor undertakes to perform against the creditor if he does not perform his original debt at all or properly in the future.

In addition, lawsuits for pecuniary and non-pecuniary damages are the types of lawsuits that take their general principles from the law of obligations.