Freedom Of Contract - AŞIKOĞLU LAW OFFİCE
Aşıkoğlu started his position as the Alanya Public Prosecutor in 2009 and continued until 2013 when he quit his position to initiate his career as an attorney at law.
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Freedom Of Contract

10 May Freedom Of Contract

Posted at 00:24h in General by
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1. What Is Freedom Of Contract ?

We can define freedom of contract as the freedom that people have to make the contract as valid as they wish.The general principle in Turkish law is the principle of freedom of contract. “The parties may freely determine the content of a contract within the limits stipulated in the law, “he said in Article 26 of the Turkish Code of Obligations.”the provision, as well as the constitution’s 48. in its article ” Everyone has the freedom to work and contract in whatever field he wishes.”the provision in the form demonstrates the principle of freedom of convention. When we look at the rationale of the Constitution, we see that the freedom of contract can only be restricted to the public interest.

2. What Are The Forms Of View Of Freedom Of Contract ?

2.1. Freedom To Contract Or Not:
As a rule, no one is obliged to enter into a contractual relationship against his will. No one shall be compelled to make a proposal for the establishment of a contract, nor shall he be compelled to accept a proposal addressed to him.

2.2. Freedom To Terminate The Convention:
People who sign a contract among themselves have the freedom to abolish a part of the contract, as well as to abolish it altogether.

2.3. Freedom To Determine The Content Of The Convention
The parties to the convention have the freedom to create the content of the convention as they wish.

2.4. Freedom To Determine The Type Of Contract:
In areas such as Family Law and Property Law, the number and types of contracts are determined. In other words, the principle of limited numbers applies in these fields. However, the principle of freedom of type is dominant in the law of Obligations and persons can determine the type of contract as they wish.

3. Restriction Of Freedom Of Contract
The parties are free to make any agreement they wish, but this freedom is not unlimited and may be restricted in some cases. Because in Article 27 of the Turkish Code of Obligations: “contracts that are contrary to the commanding provisions of the law, morality, public order, personal rights, or whose subject matter is impossible, are absolutely null and void. The invalidation of some of the provisions contained in the agreement does not affect the validity of the others. However, if it is clear that the contract will not be made without these provisions, the entire contract will be null and void.”the limits of freedom of contract are stated in the form of. The concept of “absolute invalidity” in the words of the law means that the contract between the parties makes no sense and is legally invalid.

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