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ARTICLE · 26 MARCH 2012

Freedom Of Contract

People face various needs both in their personal and professional lives every day. These needs can be overcome by debt relationships with others, often by establishing contracts.

TurkeyCorporate/Commercial Law
Onur Alper
Onur Alper
İrem Bulut
İrem Bulut

People face various needs both in their personal and professional lives every day. These needs can be overcome by debt relationships with others, often by establishing contracts. Contracts are legal transactions which create debt relationships between parties by the declaration of mutual agreement and consent. According to the Turkish Code of Obligations (Law no. 818) ("TCO"), in signing a contract parties are free to choose the contracting party and determine the subjects of the contract. This is called the principle of freedom of contract. This freedom, as will be explored below, is not unlimited.

A contract consists of enforceable obligations that have been voluntarily assumed. Thus, one of the essential elements of a contract is an agreement. There is an agreement when the parties lead one another to believe reasonably that they are of the same mind about a given transaction. This point is reached by an offer from one side, and evident acceptance of the offer on

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