30-01-2002, 16:52 | #1 |
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Turkish Contract Law
In the United States certain agreements must be written down for them
to be enforcable by law. Verbal agreements are not always enforcable. The law establishing these circumstances in which things must be written is known as the Statute of Frauds. Any money transaction over $500 US dollars must be in writing. Any transaction dealing with the sale or lease of real estate must be in writing. Are there any situations in Turkey that require agreements to be in writing for them to be enforceable by law? Is there a law establishing these situations? I understand that Turkish law is enfluenced by Islamic Law which does not set forth such situations, so there might not be a clear answer. In any case thank you very much for taking the time to answer my question. Reid |
30-01-2002, 16:53 | #2 |
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ok I got it. Same applies here. There are some agreements which must be
set up in written in Turkish Law either. Lease of real estate can be in verbal but Sale of real estate or traffic vehicles must be conducted in written form. As for money transaction agreements, they are not necessarily set up in written form, but we have a law which requires that in court you have to prove this transiction with written agreements if their limit is over approximately 400 US dollars. So practically they are established in written form as well. Marriage agreement and tastaments should be conducted in written form too. As you see types of these agreements vary quite much, therefore there is no "one" act covering all these cases like your "Statute of Frauds". These rules are decreed in various relevant acts. What you are mistaken is your opinion about Islamic Influence to Turkish law. This is not true. In Turkish Law system there is NO influence or resemblance from any type of Islamic law practices. Islamic law is abrogated in 1925 just after the founding of Turkish Republic and secular law adopted from European Law (mostly from Switzerland, Germany, France and Italy) came into force then. Recent Turkish Law system is totally secular and a mixture of mainland European countries law systems. As I said this subject is established in many laws but you'll find the most important key points in "Borclar Kanunu" (=Turkish Agreement Act) which is nearly the same of Switzerland's relevant act. Hope this helps. |
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