Have Form Requirements Been Brought For Engagements?

Introduction

In accordance with the two decisions of the 3rd Civil Chamber of the Court of Cassation, the validity of "engagement" depends on the engagement to be made in a certain form. However, both decisions are contrary to the basic principles of Turkish private law. Firstly, general rules regarding the form of engagement will be explained, below, and then these decisions will be discussed.

Form of Legal Procedures in General

One of the basic principles in Turkish private law is the freedom of contract principle. One of the sub-branches of the freedom of contract principle is the "freedom of form". Indeed, according to Article 12 in the "General Provisions" section of the Turkish Code of Obligations ("TCO"), titled "Form of Contracts", 'the validity of a contract is not subject to any particular form unless otherwise specified by the law'.